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SkyConnect service level agreement (SLA)

Contents

Mithi SkyConnect Service Level Agreement (SLA)

Last Modified date: 30th September 2015

Thank you for choosing Mithi SkyConnect!

This is an agreement between you and Mithi Software Technologies (or based on where you live, one of its affiliates) that describes your rights to use the software and services identified in this section. For your convenience, we have phrased some of the terms of this agreement in a question and answer format. You should review the entire agreement because all of the terms are important and together create a legal agreement, once accepted by you, that applies to you.

Scope of the agreement, acceptance, and changes

What services are covered by this agreement?

This agreement applies to Mithi SkyConnect, Mithi Connect Xf, and any other software, website, or support services that link to this agreement (collectively the "services"). The services mentioned here are essentially comprising of one of the 3 solutions from Mithi in the SaaS space viz. Venture, Aspire, Endure. The services might not be compatible with software or services provided by third parties (depending on the ability of third party software to communicate with the open standards and protocols supported by Mithi SkyConnect). This SLA also applies to our existing customers who are using the same services under the older brand names viz. Start-up, Cruise and Endurance

What terms must I abide by when using the services?

Our goal is to create a reliable, secure and scalable cloud based collaboration service, which is used by our customers. Therefore we require that when using the services, the users abide by these terms and the Mithi Zero-Spam policy, which are incorporated into this agreement by this reference (the "agreement"). You shall not do or omit to do any act by which you become a party (by allowing use of services provided by Mithi knowingly or unknowingly) to the “theft of data”, “information” or “Intellectual Property” from, by or through the use of the services.

How do I accept this agreement?

By using or accessing the services, or by agreeing to these terms where the option is made available to you in the user interface, you agree to abide by this agreement without modification by you. If you don't agree, you can't use the services.

Can Mithi change these terms after I have accepted them?

Yes. From time to time, Mithi may change or amend these terms. If we do, we'll notify you, either through the user interface, in an email message, or through other reasonable means. Your use of the services after the date the change becomes effective will be your consent to the changed terms. If you don't agree to the changes, you must stop using the services and cancel any paid services by following the instructions in section Canceling the services. Otherwise, the new terms will apply to you.

What types of changes can I expect to the services?

We continuously work to improve the services and may change the services at any time. Additionally, there are reasons why Mithi may stop providing portions of the services, including (without limitation) that it's no longer feasible for us to provide it, the technology advances, customer feedback indicates a change is needed, or external issues arise that make it imprudent or impractical to continue. We may release the services or its features in a beta version, which may not work correctly or in the same way the final version may work.

Description and Scope of the Mithi SkyConnect service

Description of Terms

Incident is all the correspondence of the system administrator with the Mithi Customer Care staff to resolve an issue. An incident is opened when the system administrator registers a problem and is closed upon resolution of the same. The incident is also closed when the resolution of the same lies outside the scope of the support provided by the Support Policy.

Complementary services are all services, which may include hardware and network set-up requirements to ensure proper functioning of the mail server. These include but are not limited to DNS, NATing, router setting, procuring static IP etc.

Evaluation or POC means the period between installing MCS for trial purpose and paying the registration fee for Mithi Connect Server. The period of evaluation may not exceed 15 days.

Licensed means to have submitted and paid the registration/subscription fee to Mithi or to have an equivalent agreement with Mithi for use of Mithi Connect Server.

Migration means the process of moving from an alternate vendors mail server product to MCS. This covers mail-store, user and address book migration present on the server. Migration services are limited to the data on the mail server and do not include the migration of data on the end users desktops.

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 MCS application that would require changes to the product documentation or to the functionality or behaviour of the product itself as documented in the respective product manual. A defect can further be classified into a Mithi Connect Server defect or a defect in the underlying OSS (open source software), OS (Operating System) or hardware. While Mithi will provide upgrades/patches for the defects in Mithi Connect Server in reasonable time, it cannot guarantee resolution of the defects in the OSS, OS or hardware components of the mail server set-up. Mithi will try and ensure that the hardware, OS and OSS components recommended by it are validated and tested for defect free functioning with Mithi Connect Server.

Software Update A newer version of the software that remedies a defect reported in the software

Software Upgrade means newer versions of the Product with new or substantially improved features, which may include changes to the underlying OSS components.

Next Generation Release means a newer version of the software that may have newer user interface and/or system architecture.

User Support covers the support/training required by the end users for effective and correct use of the system. It also involves handling user grievances and managing the scheduled down times for upgrades and any routine maintenance tasks. You may note that Mithi does not provide direct support or training to your end users. We can at best provide documentation, support and training to your internal IT team, which will equip them to handle end user support requests.

Administrator Training refers to the remote training Mithi provides to your IT team to help them effectively manage the setup and also equip them to train the end users. You may note that Mithi does not provide direct support or training to your end users. You may also note that the training which Mithi provides will be over a remote virtual session only and is provided as an exception in situations where your IT team needs more help than that provided by the online documentation and videos. Mithi does not do any onsite training.

Reports means the usage statistics and related data for the messaging system. The reports include mail delivery reports, web mail client usage report, configuration reports, event logs etc.

Outages means a loss of messaging service and application as defined by Mithi Connect Server. Outages can be caused due to various factors such as Hardware failure, OS failure, Internet connectivity loss, Network failure, service failure,and in-accessible web applications.

Recovery from outages means re-starting the services and applications of Mithi Connect Server. The recovery process may include, using the available configuration and mail-store backups to restore the system after a system crash.

Monitoring means reviewing the server resources to ensure that the essential services are up and that the resource usage is not exceeding threshold limits. Monitoring is required to ensure the system is functioning within the defined limits. [ Feature requests are request for additional messaging services, applications and/or features to Mithi Connect Server.

Performance tuning are all the programs, settings and configurations relating to enhancing the performance or response time of the messaging services and applications.

Solution upgrades include reconfiguring MCS from an Internet mail server to mail gateway and vice versa, adding additional gateway servers, adding a Disaster recovery, relay server etc.

Server maintenance covers system administrator tasks such as making disk space, taking backups, changes to the configurations etc., to accommodate changes in the usage patterns.

Third-party software integration includes but is not limited to integration with spam/virus control software, integration with ERP applications and other services such as Instant Messaging etc.

FM is facilities management. This includes all the services related to maintenance and management of the mail or IT infrastructure.

Customer is a buyer of our software, specifically the IT team of the customer's organisation. This may also include a partner's FM team who provides the facilities management services to the customer. They are Mithi's customer within the subscription period and as long as they renew the subscription. The end users from your company/organisation, who use our services are not eligible to directly contact Mithi support for their queries/concerns. They must have a point of contact within your organisation, who will in turn communicate with our support desk.

Partner is a system integrator organisation who provides services FM services to our customers.

Self Help Customer may use the training provided and the available resources from Mithi to perform the desired maintenance task using their internal resources. Resources available to the customer include

  • Training
  • Custom Operations Guide
  • Product literature
  • Forums & Blogs
  • Trouble shooting documentation
  • FAQs
  • Process documents and templates
  • Test plans

Ticket is an issue which is reported and stored in Mithi's helpdesk system. A ticket can be opened by sending a mail to [email protected]. All interaction on the ticket can happen by simply replying to the ticket email and retaining the ticket number in the subject.

Site readiness is a process prescribed by Mithi to prepare the servers, network and other environmental factors to enable the deployment of Connect XF.

Service helpdesk issues These are issues related to misbehaviour or queries related to the normal functioning of the already deployed system. This might include help with simple problems or general "how-to" questions and serious problems like server crashes etc. Some examples of such incidents are:

  • How to
  • Troubleshooting
    • Reports of missing mail
    • Reports of mail delays
  • Handling emergencies
    • Server crash
    • Not able to access mail server
  • Preventive Maintenance
    • Server audits

License Manager A software component in the application which restricts the usage of the software based on a License Key. The restriction is done on 2 counts viz. Number of users and Time.

License Key This is an encrypted key which is provided by Mithi to activate the subscription. This will contain the details of the customer's order viz. number of licensed users and the duration of the subscription. Once the number of users exceeds the limit set by the key, the administrator wont be able to add more users, unless he purchases a new key from Mithi with the additional users as part of the key. Similarly when the subscription period expires, the administrator wont be able to perform any changes to the server. The end user functions will be unrestricted.

Types of Service Plans

Mithi SkyConnect services are delivered from a cloud platform and provides the following key functions (details of the differences in the subscriptions can be found here

  • Start-up or Venture subscription - Domain and user hosting entirely on the cloud platform. Users simply need to access the services using Web, Mobile or desktop clients.
  • Cruise or Aspire subscription - In addition to what Start-up/Venture offers, the Cruise subscription also bundles on cloud Personal Archival.
  • Endurance or Endure subscription - In addition to what Cruise offers, the Endurance subscription gives the customer the choice of deploying an in premise archival server for local and private archiving of all mail sent and received from the domain(s).
  • Mail parking - The platform is configured to receive mail for the domains on a lower priority MX pointer, queue the mail and push it to the in-premise mail servers.
    1. The MX2 records for the parked domain point to the Mithi SkyConnect servers.
    2. The mails are received by our servers and forwarded to the primary MX1 server.
    3. In case the primary server is down or in-accessible, then the incoming mails are parked on our servers for a maximum period of 7 days.
    4. The clean mail services are not included as part of this service.
    5. This is a per domain service.
    6. End users will not be able to access their mail on the server
    7. Normally there is nothing for the IT teams of the customer to administer here.

Applications and Access methods offered by the Service

  • Email, Chat, Calendar, Contacts, Audio-Video chat/conferencing, Screen sharing during video calls, Framebench integration
  • Web access, Desktop client access and Mobile access
  • Administration panel
  • Access via POP/IMAP/SMTP/HTTTP/XMPP/CalDAV/LDAP open protocols

Security considerations for the hosted servers

  • Some of the servers and components for Mithi SkyConnect are hosted in a secure data center within India and are protected physically as per our understanding and agreement with the data center provider, while some of the servers are hosted on the AWS cloud infrastructure at a geo-location closest to the customer location. For India customers, the Singapore location has been chosen.
  • Servers host Cent OS 6 and are hardened
  • Firewall is active on each server
  • For AWS hosted servers, we also exploit the Security groups of the AWS infrastructure to provide additional security.
  • Appropriate systems are in place to detect and auto-block DDOS and Spam (mail flood) attacks. These include authentication, IP rate control, email id rate control, spoof check, mail policies, etc. More details about the active Connect Xf security framework can be seen here

Maintenance procedures by Mithi personnel

  • 24/7 monitoring of the server hardware and network by data center technicians
  • Daily, Weekly, Monthly, Quarterly monitoring procedures which include (but are not limited to)
    • Regular monitoring to check for breaches using root kits and observing for any suspicious activity.
    • Regular Password changes
    • Regular audits of the server logs to monitor activities by the delegated administrators.
    • Server performance and resource utilisation
    • Scanning logs for errors/warnings to get a heads up on impending situations.
  • Automatic Linux health monitoring of all resources and custom information about the application
  • Automatic SMS monitoring alerts to 2 team members for critical parameters like disk space, queues, backups, etc.
  • Automatic External monitoring of all servers via probes from a third party monitoring service with SMS and Phone alerts 24/7
  • AWS cloud watch to monitor the components on the AWS cloud infrastructure.
  • All results of monitoring are archived for analysis and audit at any time upto 3 months

Server access by Mithi personnel

The access to the servers is for 3 main reasons

  • Management on behalf of the customers (id creation, id deletion, etc) for any reason. The customer may open a ticket requesting for support to perform the management tasks (which their team should be doing on their own).
  • Maintenance of the server (backup, monitoring, cleanups, etc). During maintenance of the server, if Mithi engineers need to work with the mail storage folders and account information, we limit access to personal information about your users to Mithi employees who we believe reasonably need to come into contact with that information to provide products or services to you or in order to do their jobs.
  • Management for configuring and de-commisioning customer domains. Mithi engineers to setup and configure the Domain on its servers, which includes help to customize the welcome mail, logo, color schemes etc.
  • Mithi engineers are all given restricted login rights to manage and maintain the server. The root access is restricted only to the Service manager personnel.

Service Hosting on a shared infrastructure

  • Some of the dedicated high end servers with built in redundancies are hosted at a Data Center in India. The data center commits carrier grade hardware and facilities with 24/7 facilities for monitoring and support.
  • The rest of the compute and storage objects/components for the solution are hosted on the AWS infrastructure at a location closest to the customer location. For Indian customers, the nearest location chosen is Singapore.
  • Mithi reserves the right to modify the server software, perform upgrades on the hardware or software, if necessary migrate between ISPs, to ensure smooth service to the customers. Mithi will provide notices of any ensuing downtime during these periods.
  • For all 3 solutions, the entire infrastructure is shared among many customers. The data for all customers resides in the same servers within LDAP, Database, config files and the mail storage. The software application is structured by entities viz. Servers, Domains, Groups and Users. Essentially the domains are the core containers for each customer. Each domain contains users, groups, COS, roles, address books. When a customer is added to the infrastructure, they have restricted rights to only access their domains and the entities within that. They cannot see information of another domain (authorization). Also no customer can access the server properties which are common and used by all domains e.g. services, etc. Server properties and access is only restricted to the Mithi personnel.

Working of the Venture, Aspire and Endure solutions

Click here to know more about how the Mithi SkyConnect solution is configured and works

Scheduled Downtime and maintenance activities

The following type of activities may be performed by a prior intimation to customers via email.

  • Upgrade of the application software
  • Applying a security fix on the servers.
  • Migration of data from one server to another.
  • Server rebuild with a new OS platform
  • Server migration for a hardware upgrade or replacement
  • Server reboots

(any other activity not mentioned above)

Business Continuity and Disaster recovery

We strive to keep our SaaS services up and running and have a lot of preventive measures in place to ensure that the application and OS keeps humming along. However, due to the complexity and scale of the setup, any online service may suffer occasional disruptions and outages. The entire data center platform comprises several objects, servers and components and we are documenting here the procedures we follow to ensure continuity in these objects and the impact of any outage and recovery procedures.

Continuity in the data center/backend infrastructure

For the servers hosted at a data center, we have carefully evaluated and chosen the data center provider so that we have solid reliability in the base infrastructure comprising of the power supply, network, hardware etc with enough redundancy, 24/7 support and SLAs in place. For the remaining servers we have gone with the industry leader in cloud infrastructure, viz Amazon Web Services, so we can leverage their strengths in providing a rock solid cloud hosting platform.

Continuity of Inbound Mail servers

There are multiple incoming mail relay servers in Active-Active configuration to absorb the failure of a relay server. This ensures continuity in incoming mail traffic. These are not resilient to data center site failures. If the site failure is fatal (major catastrophe), it is likely that we may need to rebuild the entire system from scratch (possibly at a new site) with the last good backup that was stored offsite in our office premises. The time taken to do this and the procedure is contextual to the situation and may require special action from our team and from your IT team as well.

Continuity of the Spam quarantine Reporting and quarantine management object

A failure in this object will not impact mail flow, but may impact spam reporting and quarantine management while the data is synchronised to a standby. This can take anywhere between 6 to 24 hours. These are also not resilient to data center site failures. If the site failure is fatal (major catastrophe), it is likely that we may need to rebuild the entire system from scratch (possibly at a new site) with the last good backup that was stored offsite in our office premises. The time taken to do this and the procedure is contextual to the situation and may require special action from our team and from your IT team as well.

Continuity in the outbound relay services for the bulk mail senders

A failure in this object will impact outbound mail flow only for those users who are marked as bulk mail senders (a minority). Depending on the severity, the restoration of this can take anywhere between 1 to 24 hours.

Continuity in the Personal Archival services

A failure in this object will impact archival of mail flow only for the users whose archival is enabled. While this component is unavailable (during outage), the mail meant for archival would be queued on the respective mail server and flushed when the server comes back online. Depending on the severity, the restoration of this can take anywhere between 1 to 24 hours. Once the server is back online the archive mail store backup is restored from the secondary medium in parallel and the time taken for this depends on the size of the archive store at the point of the last backup. On an average it takes anywhere between 100 to 200 MB an hour.

Continuity in the mail and application servers of the of the servers still hosted at our data center

The following table lists out the broad steps that will be followed in case of an S1 outage on any of the application objects/servers. Also a tentative time estimate is provided to give an idea of the downtime and impact on end users. Please note that this procedure is required since we have observed that mail clients of users especially with large mailboxes can create havoc if the server object in the backend changes. To smoothen the experience and reduce disruption of the mail clients, we have experimented and firmed up on this procedure while switching objects in the backend. By disabling POP/IMAP services during the switch, we actually ensure that the mail clients dont get disrupted in anyway and when mail store is restored and services are resumed, the mail client simplay resumes from where it left off (with the exception of MS Outlook 2013 as explained below). These objects are not resilient to site failures. Depending on the level of the site failure, there is every likelihood that we may need to rebuild the entire system from scratch (possibly at a new site) with the last good backup stored offsite in our office premises. The time taken to do this and the procedure is contextual to the situation and may require special action from our team and from your IT team as well. Please note that the mail store backup is not taken off site so any mail still on the servers/store in the cloud will likely be lost in case of a site disaster.


Stage Description Action Duration Impact/behavior of system Remark
1 S1 Outage detected on any object (reported via monitoring system or via users) NOC operators attempt recovery of Object 30 mins - 45 mins Either all or some services unavailable during this period. We will make a best effort to resume services on the same object, which includes a full reboot of the object.
2 If unable to recover object using Standard diagnostic and operating procedures NOC operators initiate switch to standby object with partial service restore. 90 mins System is back online with a blank mail store and with Chat, Calendar, Address book and directory fully restored and with the POP/IMAP services disabled. Users can use Baya (web client). The access URLs for the end users stay the same. POP/IMAP services are disabled since we are resuming services on a blank mailstore and this can cause havoc with desktop and mobile clients connecting over POP and IMAP. If the IMAP clients encounter a blank mailstore, they may delete all the mail from the client store and then later on resync all the mail (causing perfomance drops for the user and for the server). For POP clients, once the mailstore is resumed, there is likely hood of duplicate mails (mostly occurs for MS Outlook clients). Read more on behavior of IMAP clients.
3 Restore last Backup of mail store 100 GB an hour Same state as above until entire mailstore is restored. This could take time depending on the size of the mailstore of that object. Typically this ranges from 500 GB to 3 TB and can take from 12 hours to 36 hours.
4 Resume full services 10 mins POP/IMAP serices restored In case you are unable to sync mail with your IMAP client, you may attempt to restart the client software and retry. For Outlook 2013, if you had followed our service advisory to set the root folder path, then the mail should sync normally. Otherwise you may need to recreate your account on Outlook 2013 and resync the entire mailstore from the server.

Continuity in the mail and application servers hosted on the AWS infrastructure

The following table lists out the broad steps that will be followed in case of an S1 outage on any of the application EC2 instance or EBS store. Also a tentative time estimate is provided to give an idea of the downtime and impact on end users. Please note that this procedure is required since we have observed that mail clients of users especially with large mailboxes can create havoc if the server object in the backend changes. To smoothen the experience and reduce disruption of the mail clients, we have experimented and firmed up on this procedure while switching objects in the backend. By disabling POP/IMAP services during the switch, we actually ensure that the mail clients dont get disrupted in anyway and when mail store is restored and services are resumed, the mail client simplay resumes from where it left off (with the exception of MS Outlook 2013 as explained below).

Stage Description Action Duration Impact/behaviour of system Remark
1 S1 Outage detected on any object (reported via monitoring system or via users) NOC operators attempt recovery of Object 5-10 mins Either all or some services unavailable during this period. We will make a best effort to resume services on the same object, which includes a full reboot of the instance
2 If unable to recover object using Standard diagnostic and operating procedures NOC operators initiate switch to standby object with partial service restore. 10 mins System is back online with a blank mail store and with Chat, Calendar, Address book and directory fully restored and with the POP/IMAP services disabled. Users can use Baya (web client). The access URLs for the end users stay the same. POP/IMAP services are disabled since we are resuming services on a blank mailstore and this can cause havoc with desktop and mobile clients connecting over POP and IMAP. If the IMAP clients encounter a blank mailstore, they may delete all the mail from the client store and then later on resync all the mail (causing performance drops for the user and for the server). For POP clients, once the mailstore is resumed, there is likely hood of duplicate mails (mostly occurs for MS Outlook clients). Read more on behavior of IMAP clients
3 Re attach last mail store 10 mins Same state as above until entire mailstore is restored.
4 Resume full services 10 mins POP/IMAP serices restored In case you are unable to sync mail with your IMAP client, you may attempt to restart the client software and retry. For Outlook 2013, if you had followed our service advisory to set the root folder path, then the mail should sync normally. Otherwise you may need to recreate your account on Outlook 2013 and resync the entire mailstore from the server.

What all is backedup and How are backups taken?

Mail storage backups are taken Daily, once a day within the data center or within the cloud. Mail store backups taken as a snapshot at a fixed time during the night. This means that changes/deletions between backups would be captured in the next backup. Thus the backup always represents the view at the time of backup. E.g. if a mail is received and deleted between backups the next backup will not capture the mail. Backups are not taken offline to local office. Please note that the backup of the mailstore is taken only for restoration in bulk during a disaster recovery operation. For normal day to day operations, as per our policy, we retain mail as per quota allotted to the users. It is not possible or feasible to do restoration for individual mailboxes from the backup store. We recommend that you set a system to ensure data security for the mail downloaded using POP to the users' desktop clients or may opt for Personal archival on cloud or in premise.

Configuration, profile, chat history, calendar, contacts etc backups are taken daily from each server for the purpose of disaster recovery, within the within the cloud. These backups are also taken offline to Mithi's office and maintained for 30 days.

System Logs are not backed up.

The backups are monitored daily for successful copy.

What are the shared policies applicable?

The Mithi SkyConnect hosted collaboration service provided by Mithi is available with the following policies, which apply to all customers alike. Since the service is hosted for all our customers on the same servers (shared), these policies have been designed to maximize throughput for the mail flow.

  • Bandwidth to our servers is Unmetered but limited to the policies in force with our data center provider. Normally the limits offered by the ISPs are more than sufficient for normal functioning.
  • For mail sent via Baya the web client, the maximum attachment size is 10 MB and max number of attachments is 15
  • For mail sent via any client (mobile, desktop or Baya), each user is restricted send only upto 1500 mail in a 24 hour period (midnight to midnight). If you want to exclude any users from this limit, we would expect a written authorization from your end, and we can white list them to be able to send upto 7000 mail in a 24 hour period (midnight to midnight). This you may do for email ids which need to communicate in bulk with your external contacts. If any user crosses this limit, the user is assumed to be a spammer, is blacklisted and an automatic alert is sent to our support staff and to your administrator accounts for your action. The sender and your organisation administrator will get an alert regarding the blacklisting. You would need to approach our helpdesk to remove the id from the blacklist. Please note that some ids may not be de-listed from the black list (if they are repeat or habitual offenders). You would need to respond to the alert mail with details of the action taken by you to prevent that user from doing this again. Please refer to Mithi's Zero Spam Policy for more details. These numbers (1500 and 7000) are a count of total mail deliveries across all recipients of all mail sent by a user. E.g. if a user sends a mail to 4 recipients, the system will count this as 4 email. If a user sends mail to a group (distribution list) of 50 email ids, the system will count these as 50 emails, and so on. The sum of all such mail deliveries by a user is compared against the allowed thresholds. [This new policy comes into effect at 12 noon of 27th August 2015]
  • The system restricts IMAP data transfer to a total of 2.5 GB a day per user. In case a user crosses this threshold during the day, the system will automatically disable the IMAP service for that user for the rest of the day until midnight. All blocked accounts are automatically unblocked at midnight. [This new policy comes into effect at 12 noon of 31st August 2015]
  • Similarly the system restricts POP data transfer to a total of 2.5 GB a day per user. In case a user crosses this threshold, an alert will be raised to our service desk and our team will contact you to understand why the sudden increase in data transfer for that user. [This new policy comes into effect at 12 noon of 3rd September 2015]
  • For mail sent via any client, the maximum message size permitted is 30 MB (including attachments)
  • The maximum number of recipients in a single mail can be 200. This means that any one mail cannot be destined for more than 200 recipients (this is typically done to prevent spammers from making one connection and pushing junk mail into the queue without any limit). This prevents users from copying and pasting a large list of comma separated recipients into the TO, CC or BCC box of the mail and sending the mail. Normally not a good practice anyways.
  • Any particular untrusted IP is allowed only upto 150 connections to the servers in a day.
  • For mail destined to remote users, stuck in the queue due to temporary delivery failures, the lifetime is 2 days before the mail are returned (bounced) to the sender.
  • Mailbox quota for users on the cloud servers is as per what you have purchased. For users hosted on the in premise mail gateway servers (Cruise solution), the system will retain inbound mail in the user's cloud mailbox account for last 7 days only.
  • The servers deploy Spoof check to dissuade users from masquerading as somebody else and sending mail on their behalf.
  • System logs are retained only for 30 days as a policy. This means that any investigation or diagnosis can only be done on information collected over the last 30 days.
  • SecureMailFlow captures spam and virus infected mail into a quarantine and also maintains logs for these, allowing the administrator to search and release these mail from the SecureMailFlow console and the end user to release these mail using the daily mail traffic report. Please note that these are maintained only for 15 days. This means that any mail in the quarantine, older than 15 days will be automatically deleted and wont be available for release.

What are the clean mail services offered

Mithi SkyConnect comes bundled with the SecureMailFlow service, for cleaning Inbound and Outbound Mail. All Inbound and Outbound mail will pass through the SecureMailFlow system and be scrubbed for Virus and Spam. Please read more details about SecureMailFlow here

What all facilities are available to me via the Administration console

Your role would be defined to allow you to administer your domain(s), their users, groups (distribution lists) and COS (Class of Service) via the Application Manager console. You would not be given access to the server properties (which are taken care of by Mithi personnel). The SecureMailFlow administration console for the clean mail service management would be available to you. From time to time as Mithi feels appropriate, your role may be changed to include more or less properties. Your personnel will not be given command line access to the servers.

What all customizations are permitted on my account

For your web client access, you can deploy your own logo with the specified size and change the color theme using one of the predefined themes which closely matches your corporate color scheme.

You may also use our sample mail usage policy here and create your own corporate mail usage policy.

* Baya - Web based client The web client is the interface via which most of the users in your organization will access their mail, address books, calendars, chat and audio-video calling interface. Most of the elements of this interface can be customized.

Feature Customization supported
Colour scheme Yes
Layout No
Customer Company Logo Yes
Copyright statements No
Ready links to other URLs Yes
Control Features available via web mail client Yes
Welcome Mail Yes
Privacy Statement Yes
Look and feel of Help No
Access URL to end users By default when your domain(s) are created, the system will automatically create an access URL of the form <your domain>.mithiskyconnect.com. If you use this URL to access the services, your access is automatically SSL enabled without you having to buy separate certificates for your domain. However if you wish to use your own URL like e.g. mail.<your domain>, we can do this customisation only for HTTP access and only if you provide a valid SSL certificate for your domain. Please note that custom SSL certificates cannot be deployed for any other service other than HTTP (web access)
Changing labels No (some are allowed as per documentation in the help)
Error & Status messages No
Product Name, Product Logo, Mithi Name, Mithi Logo No

* Web based Domain Administration interfaces The Domain Administration console is a web-based interface, which the domain manager uses to manage their accounts on the cloud setup. Any PC connected to the server via a browser can access these interfaces. Since these interfaces are available only to a select group of users, we do not support customization of these interfaces.

* Bounce messages When a mail server rejects or bounces a mail due to reasons such as Real-time Black Hole List, quota overflow, etc., the sender/recipient receives a bounce or a reject message generated by the mail server. People may find the message cryptic and would like to customize the same. Unfortunately these messages cannot be customized as the Mail Transfer Agent (MTA) of the recipient server generates them. In Mithi Connect Server the MTA is an open source component. Mithi refrains from modifying open source components as the flexibility of integrating the latest open source components reduces as the customization of the open source component increases.

* Directory Services Mithi Connect Server stores all the directory information pertaining to domains, groups and users in LDAP databases. These databases can be accessed by external applications via Web services. The web services can be accessed via various programming languages such as Java, ASP & HTML. The web services interfaces allow you to perform functions in the following areas:

  • User Management
  • User Options
  • Mail Folder Management
  • Message Management
  • Message Transport

However, these services do not support integration like achieving a single sign-on interface between MCS applications and your own. We also do not support customizing the directory structure like adding fields or modifying the field descriptors (However the MCS directory schema covers around 40 popularly used fields in an enterprise).

* Standard Disclaimers Every mail which is sent via Mithi SkyConnect will carry a standard footer stating that this mail has been sent via Mithi SkyConnect and has been scrubbed by SecureMailFlow clean mail service.

This footer message is configured at a system outgoing route level. Its primary purpose is to establish authenticity of the message and inform the recipient that the mail is sent from a dependable source and is virus/spam free, which will give them confidence and also increase brand value of the sender.

All outgoing mail from our setup for all our customers and domains is routed via the clean mail service to maintain hygiene of the mail and establish strong reputation of your brand.

This footer can be turned off selectively if you so desire.

How does Mithi SkyConnect ensure Data security?

There are multiple levels of security configured to ensure that your critical data is kept safe.

There are essentially two kinds of informaiton pertaining to any customer viz. the configuration information - users, groups, personal information, passwords, policies, etc and the actual mail and application generated data like chat transcripts, calendar events, archived mail, attachments stored in the attachment vault, etc.

Physical security: SkyConnect is setup on the cloud and uses cloud storage services to store and backup all this information in logical buckets per customer. This means that all data for one customer is a virtually separate store within the larger store on the cloud. Besides the reliability provided by the cloud infrastructure in the hot storage systems, Mithi has gone the extra mile and deployed redundancies even within this hot storage to ensure higher reliability and durability for the data stored here. The cold stores are gauranteed for durability by the cloud service provider (to the level of 99.9...11 nines of reliability).

Logical Security: While the above ensures physical durability of the information stored, at the service and app layer, there are multiple levels of security to ensure secure access to the data strictly based on authenticatio, authorisation and policy control. Within the customer virtual store, each user has his own logical space where the informaiton and data is stored. This means that one user can never peep into another users data (except when explicitly allowed).

Role based security: Additionally the customer administrator/IT team, has no access to any backend tools, except via a role based administrator console which allows the IT team to perform selected tasks on the on the cloud service

Archival : Read only copy of all data. Considering that mail and chat transcript data is the official property of the organisation (and not of the end user), SkyConnect offers an Archival feature (optional but highly recommended), which stores a copy of every chat transcript and mail sent and received by the users in a separate read only storage for all time. Now even the user loses his mailbox or inadvertently deletes any mail, the data is always available in this store. You may even allow the user to have access to this, but he will not be able to delete any data from here. This serves two critical purposes...one is data retrieval and second is compliance.

Transport security. Now that the data is safe in the stored form, its time to secure the transmission. All data transfers across servers and clients happens over SSL (encryption)

Mithi SkyConnect account

What is a Mithi SkyConnect account?

To access portions of the Collaboration services covered under the Mithi SkyConnect brand, you will need a Mithi SkyConnect account. The Mithi SkyConnect account, is the credentials you will use to authenticate with our network. Mithi will create this account for you once you sign up for the services. You are responsible for keeping your account information and password confidential and are responsible for all activity that occurs under your Mithi SkyConnect account.

What if I can't access my Mithi SkyConnect account?

If you've forgotten your password or otherwise can't access your Mithi SkyConnect account, you can approach our help-desk as described in section Support. Mithi doesn't guarantee that your Mithi SkyConnect account will be restored or your content (as defined later) will be safeguarded.

What if I obtained my Mithi SkyConnect account from someone other than Mithi?

In some cases, we allow you to obtain your Mithi SkyConnect account through a third party, like a reseller, business partner or a hosting service provider. In such cases, that third party may have additional rights over your Mithi SkyConnect account, like the ability to reset your password, view your account usage or profile data, read or store content in your account, or suspend or cancel your Mithi SkyConnect account. In these cases, you are subject to this agreement and any additional terms of use from that third party, which should be made available to you by such third party. If you are the administrator of the managed domain, you are responsible for all activity that takes place within the accounts on the managed domain.

License regularization policy

Mithi SkyConnect and Connect Xf incorporate a License Manager, which is a software component in the application which restricts the usage of the software based on a License Key. The restriction is done on 2 counts viz. Number of users and Time.

The License Key is an encrypted key which is provided by Mithi to activate the subscription. This will contain the details of the customer's order viz. number of licensed users and the duration of the subscription. Once the number of users exceeds the limit set by the key, the administrator wont be able to add more users, unless he purchases a new key from Mithi with the additional users as part of the key. Similarly when the subscription period expires, the administrator wont be able to perform any changes to the server. The end user functions will be unrestricted.

If required, for in premise servers (as part of the Cruise solution), Mithi reserves the right to carry out periodic audits on the servers for preventive maintenance and to get a stock of the number of user licenses being used. The customer is requested to cooperate with our staff to enable them to perform this checkup. It will help to regularize licensing and also will help to prevent upcoming problems if any. Any excess use in licenses, will be intimated to the customer via an audit report. The customer is expected to perform the necessary housekeeping and pay for the remaining excess within 15 days of the audit report date.

What is scope of service for my free trial account

To allow you to get a feel of the product, Mithi allows you create a trial account, which is bound by the entire SLA with the exception of the following conditions:

  • This is a 15 day trial, after which your id will be automatically disabled.
  • You can send only 25 mail a day. If you attempt to send more mail than that, your email id will be automatically blocked.
  • Each mail can have maximum of 5 recipients.
  • You cannot send mail more than 5 MB in size.

Self Trial account: An individual email id created on the mithiskyconnect.com domain

  • You can freely send and receive mail to/from the Internet
  • Since the self trial account, is on a shared domain, you will get read only access to the Administration console. You can use the entire administration console, but you will not be able to save any changes.

Trial account on a private sub domain created on the mithiskyconnect.com domain e.g. mycompany.mithiskyconnect.com

  • For the 15 day trial on private domain, mail receiving from Internet has been disabled (this has been done since setting up MX pointers for this would consume a fair amount of time).
  • However you can freely send mail to the Internet.
  • You can get access to the Admin console if you login as the postmaster user of your domain (credentials given above).
  • Feel free to add more users to your trial domain and let them evaluate as well. You can do so via the administrator console, which is available if you login via the postmaster email id. Click here for help on using the Application Manager.

Full Trial account on your own private domain e.g. mycompany.com

  • Mithi can create and configure your private domain on our trial servers for a period of 15 days,
  • You would need to modify DNS entries (MX records and SPF records) to enable inbound and outbound mail on this domain.
  • You will get complete access to the Admin console if you login as the postmaster user of your domain (credentials given above).
  • Feel free to add more users to your trial domain and let them evaluate as well. You can do so via the administrator console, which is available if you login via the postmaster email id. Click here for help on using the Application Manager.

Content

Who owns the content that I put on the services?

Content includes anything you upload to, store on, or transmit through the services, such as data, documents, photos, video, music, email, and instant messages ("content"). Except for material that we license to you that may be incorporated into your own content (such as clip art), we don't claim ownership of the content you provide on the services. Your content remains your content, and you are responsible for it. We don't control, verify, pay for, or endorse or otherwise assume any liability for the content that you and others make available on the services.

Who can access my content?

You have initial control over who can access your content. If you share content in public areas of the services or in shared areas available to others you’ve chosen, you agree that anyone you've shared content with can, for free, use, save, reproduce, distribute, display, and transmit that content in connection with their use of the services and any other services or products. If you don't want others to have that ability, don't use the services to share your content. If you use or share content on the services in a way that infringes others’ copyrights, trademarks, other intellectual property rights, or privacy rights, you are breaching this agreement. You represent and warrant that for the duration of this agreement you have (and will have) all the rights necessary for the content you upload or share on the services and that the use of the content, as contemplated in this paragraph, won't violate any law.

What does Mithi do with my content?

Mithi has no reason to access your content manually for any purpose what so ever. During the course of its flow the content is passed through automated filters, scanners, and tools for detection of spam and malware, generating automated MIS reports, monitoring any misuse, etc. If any detailed troubleshooting is required, our team will be requesting you for samples, headers, relevant portions of the content to aid in the deep diagnosis. When you upload your content to the services, you agree to the above mentioned conditions.

What type of content isn't permitted?

Content that violates this agreement (which includes the Mithi Zero-Spam policy) and the Mithi Code of Conduct or your local law isn't permitted on the services. Mithi reserves the right to review content for the purpose of enforcing this agreement. Mithi may block or otherwise prevent delivery of any type of email, instant message, or other communication to or from the services as part of our effort to protect the services or our customers, or otherwise enforce the terms of this agreement.

Can Mithi remove my content from the services?

Yes. We may ask you to remove your content from the services if it violates this agreement or the law. Failure to comply may result in loss of access to, or cancellation of, the services or your Mithi account. Additionally, Mithi may remove your content without asking you if we determine it's in violation of this agreement or the law, or if we receive a notice of intellectual property infringement from a third party.

Services cancellation

What happens if I don't abide by these terms?

If you violate this agreement, we may take action against you including (without limitation) removing your content from the services, suspending your access to the services, asking you to refrain from certain activities, canceling your services, and/or referring such activity to appropriate authorities. Additionally, we enforce a policy that provides for the termination, in appropriate circumstances, of the accounts of users who are repeat infringers. In the event we take action against you for a violation of this agreement, we may permanently delete, and you may permanently lose some or all of your content stored on the services and/or we may cancel your services in its entirety. Data that is deleted may be irretrievable.

Are there other ways I could lose access to the services?

Yes. If you sign up for a paid portion of the services and fail to make an on-time payment, we may suspend or cancel that service (see Canceling services section for more details).

How can I terminate the services?

You may terminate the services at any time and for any reason. To cancel a paid portion of the services, see section Canceling Services. If you are canceling your services, your account will remain active for a period as per terms listed here, and the quickest means of eliminating/downloading your content, which is on the services is to manually remove it from the various components of the services (for example, manually download or delete your email). You may use the same standard access protocols (such as POP, IMAP, XMPP etc) to achieve this. For any help required with this, please contact our team on the service desk. However, please note that while content you've deleted or that is associated with a closed account may not be accessible to you, it may still remain on our systems for a period of time.

What happens if my services are canceled or terminated?

If your services are canceled or terminated (whether by you or us), your right to use the services stops immediately and your license to use our software ends. You must then uninstall the software, or, alternatively, we may disable it. If your services are canceled or terminated, we may permanently delete your content from our servers and we have no obligation to return content to you.

Privacy

Does Mithi collect my personal information?

Your privacy is important to us. We use certain information that we collect from you to operate and provide the services. Additionally, as part of the services, we may also automatically upload information about your machine, your use of the services, and services performance. We may use technologies, such as placing cookies on your machine, to help us gather such information. Please read the section Collection of Personal Information to learn how we use and protect your information.

Does Mithi disclose my personal information outside of Mithi?

You consent and agree that Mithi may access, disclose, or preserve information associated with your use of the services, including (without limitation) your personal information and content, or information that Mithi acquires about you through your use of the services (such as Internet Protocol address or other third-party information) when Mithi forms a good faith belief that doing so is necessary

(a) to comply with applicable law or to respond to legal process from competent authorities;

(b) to enforce this agreement or protect the rights or property of Mithi or our customers; or

(c) to help prevent a loss of life or serious physical injury to anyone.

How does Mithi respond to legal process?

Similar to other providers of Internet services, Mithi may be served with legal demands and requests from law enforcement, government entities, and private litigants for content stored on our network. This information may relate to an alleged crime or civil matter and is usually requested pursuant to the normal legal process of the country or locality where the activity occurred. Mithi may be obligated to comply with requests for your information or your content as part of such investigations or legal proceedings.

Collection of Your Personal Information

We collect information as part of operating our Websites and services.

At some Mithi sites, we ask you to provide personal information, such as your e-mail address, name, home or work address, or telephone number. We may also collect demographic information, such as your ZIP code, age, gender, preferences, interests and favorites. If you choose to make a purchase or sign up for a paid subscription service, we will ask for additional information, such as your credit card number and billing address.

In order to access the Mithi SkyConnect services, you will be asked to sign in with an e-mail address and password, which we refer to as your Mithi SkyConnect account. By signing in on the service, you may be automatically signed into other Mithi sites and services that use Mithi SkyConnect account.

We collect additional information about your interaction with Mithi sites and services without identifying you as an individual. For example, we receive certain standard information that your browser sends to every website you visit, such as your IP address, browser type and language, access times and referring Web site addresses. We also use Web site analytics tools on our sites to retrieve information from your browser, including the site you came from, the search engine(s) and the keywords you used to find our site, the pages you view within our site, your browser add-ons, and your browser's width and height.

We use technologies, such as Cookies and web beacons, to collect information about the pages you view, the links you click and other actions you take on our sites and services.

We also deliver advertisements (see the Display of Advertising ) and provide Web site analytic tools on non-Mithi sites and services, and we collect information about page views on these third party sites as well.

When you receive newsletters or promotional e-mail from Mithi, we may use web beacons, customized links or similar technologies to determine whether the e-mail has been opened and which links you click in order to provide you more focused e-mail communications or other information.

In order to offer you a more consistent and personalized experience in your interactions with Mithi, information collected through one Mithi service may be combined with information obtained through other Mithi services. We may also supplement the information we collect with information obtained from other companies. For example, we may use services from other companies that enable us to derive a general geographic area based on your IP address in order to customize certain services to your geographic area.

Use of Your Personal Information

Mithi collects information about the relevant contact people of your company (IT manager, administrator, owner, etc) for recording in our CRM. This helps us communicate with you. We may send certain mandatory service communications such as welcome letters, billing reminders, information on technical service issues, and security announcements. Additionally, with your permission, we may also occasionally send you product surveys or promotional mailings to inform you of other products or services available from Mithi and its affiliates, and/or share your personal information with Mithi partners so they may send you information about their products and services. You can opt-out from receiving newsletters or promotional e-mail anytime by using this web form or by following the steps as described in the respective newsletter or promotional e-mail.

This information is collected at the time of placing the order and during deployment.

Besides this, Mithi has no interest in accessing the personal information about users or any of your entities configured on our servers and does not do so. If any access is required for deeper diagnosis, your permission will be requested.

Sharing of Your Personal Information

Except as described in this statement, we will not disclose your personal information outside of Mithi and its controlled subsidiaries and affiliates without your consent.

Some Mithi services are co-branded by Mithi and another company (partner). If you register to or use such a service, both a Mithi privacy statement and the partner’s privacy statement may be displayed. If so, both Mithi and the partner will receive information you provide such as on registration forms.

Mithi occasionally hires other companies (vendor) to provide limited services on our behalf, such as handling the processing and delivery of mailings, providing customer support, hosting websites, processing transactions, or performing statistical analysis of our services. Those service providers will be permitted to obtain only the personal information they need to deliver the service. They are required to maintain the confidentiality of the information and are prohibited from using it for any other purpose than for delivering the service to Mithi in accordance with Mithi’s instructions and policies. However, our vendors may use aggregate data for fraud detection to help improve their services. This helps them to more accurately detect fraudulent transactions. We may access or disclose information about you, including the content of your communications, in order to:

(a) comply with the law or respond to lawful requests or legal process;

(b) protect the rights or property of Mithi or our customers, including the enforcement of our agreements or policies governing your use of the services; or

(c) act on a good faith belief that such access or disclosure is necessary to protect the personal safety of Mithi employees, customers or the public.

We may also disclose personal information as part of a corporate transaction such as a merger or sale of assets.

Security of Your Personal Information

Mithi is committed to protecting the security of your personal information. We use a variety of security technologies and procedures to help protect your personal information from unauthorized access, use, or disclosure. For example, we store the personal information we collect on computer systems with limited access, which are located in controlled facilities. When we transmit highly confidential information (such as a credit card number or password) over the Internet, we protect it through the use of encryption, such as the Secure Socket Layer (SSL) protocol.

If a password is used to help protect your accounts and personal information, it is your responsibility to keep your password confidential. Do not share this information with anyone. If you are sharing a computer with anyone you should always log out before leaving a site or service to protect access to your information from subsequent users.

Use of Cookies

Most Mithi Web sites use "cookies," which are small text files placed on your hard disk by a Web server. Cookies contain information that can later be read by a Web server in the domain that issued the cookie to you.

One of the primary purposes of cookies is to store your preferences and other information on your computer in order to save you time by eliminating the need to repeatedly enter the same information and to display your personalized content and targeted advertising on your later visits to these sites. Mithi Web sites also use cookies as described in the Display of Advertising sections of this privacy statement.

When you sign in to a site using your Mithi account, we store your unique ID number, and the time you signed in, in an encrypted cookie on your hard disk. This cookie allows you to move from page to page at the site without having to sign in again on each page. When you sign out, these cookies are deleted from your computer. We also use cookies to improve the sign in experience. For example, your e-mail address may be stored in a cookie that will remain on your computer after you sign out. This cookie allows your e-mail address to be pre-populated, so that you will only need to type your password the next time you sign in. If you are using a public computer or do not otherwise want this information to be stored, you can select the appropriate radio button on the sign-in page, and this cookie will not be used.

You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to sign in or use other interactive features of Mithi sites and services that depend on cookies, and some advertising preferences that are dependent on cookies may not be able to be respected.

If you choose to accept cookies, you also have the ability to later delete cookies that you have accepted. For example, in Internet Explorer 8, you can delete cookies by selecting Tools > Delete browsing history. Then select the control box Cookies and click the Delete button. If you choose to delete cookies, any settings and preferences controlled by those cookies, including advertising preferences, will be deleted and may need to be recreated.

Use of Web Beacons

Mithi Web pages may contain electronic images known as Web beacons - sometimes called single-pixel gifs - that may be used to assist in delivering cookies on our sites and allow us to count users who have visited those pages and to deliver co-branded services. We may include Web beacons in promotional e-mail messages or our newsletters in order to determine whether messages have been opened and acted upon.

Mithi may also employ Web beacons from third parties in order to help us compile aggregated statistics regarding the effectiveness of our promotional campaigns or other operations of our sites. We prohibit Web beacons on our sites from being used by third parties to collect or access your personal information.

Finally, we may work with other companies that advertise on Mithi sites to place Web beacons on their sites in order to allow us to develop statistics on how often clicking on an advertisement on a Mithi site results in a purchase or other action on the advertiser's site.

Changes to This Privacy Statement

We will occasionally update this privacy statement to reflect changes in our services and customer feedback. When we post changes to this Statement, we will revise the "last updated" date at the top of this statement. If there are material changes to this statement or in how Mithi will use your personal information, we will notify you either by prominently posting a notice of such changes prior to implementing the change or by directly sending you a notification. We encourage you to periodically review this statement to be informed of how Mithi is protecting your information.

Software

What terms govern the software that is part of the services?

If you use or receive software from us as part of the services, it's governed by one of two sets of license terms (the "license terms"): If you are presented with a license for the software, the terms of that license apply to the software; if no license is presented to you, the terms of this agreement apply not only to the services but also to the software. The software is licensed, not sold, and Mithi reserves all rights to the software not expressly granted by Mithi under the license terms, whether by implication, estoppel, or otherwise. If this agreement governs the website you are viewing, any third-party scripts or code, linked to or referenced from this website, are licensed to you by the third parties that own such code, not by Mithi.

How can I use the software that is provided as part of the services?

We grant you the right to install and use one copy of the software per device for use by only one person at a time as part of your use of the services, but only if you comply with all other terms in this agreement.

Are there things I can't do with the software or services?

Yes. In addition to the other restrictions in this agreement, you may not circumvent or bypass any technological protection measures in or relating to the software or services or disassemble, decompile, or reverse engineer any software or other aspect of the services that is included in or accessible through the services, except and only to the extent that the applicable copyright law expressly permits doing so; separate components of the software or services for use on different devices; publish, copy, rent, lease, or lend the software or the services; or transfer the software, any software licenses, or any rights regarding the services, except as expressly permitted by this agreement. You may not use the services in any unauthorized way that could interfere with anyone else’s use of it or gain access to any service, data, account, or network. You may not enable access to the services by unauthorized third-party applications.

How is the software updated?

We may automatically check your version of the software. We may also automatically download updates to the software from time to time. You agree to accept such updates subject to these terms unless other terms accompany the updates. If so, those other terms apply. Mithi isn't obligated to make any updates available and doesn't guarantee that we'll support the version of the system for which you licensed the software. Such updates may not be compatible with software or services provided by third parties.

Mithi will own the Intellectual Property Rights (IPR) for the messaging solution. All copyrights and patents will remain the property of Mithi, and will be mentioned on the web based mail client.

Payments to Mithi

Charges

If there is a charge associated with a portion of the services, you agree to pay that charge. The price stated for the service excludes all applicable taxes and currency exchange settlements, unless stated otherwise. You are solely responsible for paying such taxes or other charges. We may suspend or cancel the services if we don't receive an on time, full payment from you. Suspension or cancellation of the services for non-payment could result in a loss of access to and use of your account and its content.

Your billing account

To pay the charges for a service, you will be presented with an electronic invoice before the payment is due.

Renewals and Payments

  • All renewal formalities for subscription/AMC to be completed before the due date for Renewal.
  • The payment for the above, to be remitted on or before the due date for Renewal.
  • The CRM system will automatically initiate a reminder regarding a due renewal in advance to provide you with enough notice to work your processes with approvals etc.
  • For monthly, quarterly, or half yearly billing cycles, the license will be reset once the next due invoice is cleared.

Note: Put simply, any payment which is due has a grace period of only 7+7 days, which is explained below.

  • If for any reason, the Renewal order and/or any Payment due to Mithi is delayed more than 7 days beyond the due date:
  • Mithi would be suspending support to your organisation which means that you will not be able to
1) Receive a response to tickets raised on our helpdesk,
2) Receive Emergency support during any outage or server failure,
3) Receive a response to phone calls for Emergency support 24/7 (for Priority customers)
  • Mithi would not be refreshing any subscription certificates, which means that you may lose access to the administration interface or may not be able to add users Click here to learn more about how the Subscription manager works)
  • If the renewal and payment thereoff is delayed more than 15 days, beyond the renewal due date:
  • Mithi would be cancelling your account on the hosted email setup
  • After 30 days of the due date, all your data including archived mail would be deleted permanently.
  • For all delayed payments, Mithi would charge an interest of 24% annual.

Price changes

We may change the price of the services at any time and will notify you by email at least 15 days before the price change. If you don't agree to the price change, you must cancel and stop using the services before the price change takes effect. If there is a fixed term and price for your service offer, that price will remain in force for the term.

Refund policies

If you cancel your services midway with reasonable justification of deficiency of service to the extent that your users are unable to use the service, Mithi may consider refunding the prorata portion of the remaining period of the already paid for services (e.g. if you have paid for a year and you decide to terminate the contract after 6 months, the refund due would be only for the amount for 6 months). In any case, the claim will be limited to a refund not exceeding the customers purchase price for the product or service.

Cancelling the services

You may cancel the services at any time, with or without cause. Unless otherwise required by the law of your jurisdiction, you should refer back to the offer describing the services as

(i) Refer to the Refund policy clause in this contract

(ii) you may lose access to and use of your account when you cancel the services. If you cancel, your services end at the end of your current service period or, if we bill your account on a periodic basis, at the end of the period in which you canceled.

Late payments

You must pay for all reasonable costs we incur to collect any past due amounts. These include reasonable attorneys' fees and other legal fees and costs.

Payments to you

If we owe you a payment, then you agree to timely and accurately provide us with any information we need to get that payment to you. You are responsible for any taxes and charges you may incur as a result of this payment to you. You must also comply with any other conditions we place on your right to any payment. If you receive a payment in error, we may reverse or require return of the payment. You agree to cooperate with us in our efforts to do this. We may also reduce the payment to you without notice to adjust for any previous overpayment.

Internet access services and charges

If the services don't include Internet access, you are responsible for paying the fees charged by your Internet access provider. Those fees are in addition to the fees you pay us for the services. If you access the services through wireless devices (for example, mobile phones and tablets), your wireless carrier may charge fees for alerts, web browsing, messaging, and other services that require the use of airtime and wireless data services. Check with your carrier to verify whether there are any such fees that may apply to you. You are solely responsible for any costs you incur to access the services through any wireless or other communication service.

Warranties

Scope of Service Availability Commitment: Mithi’s Service Availability Commitment for the Basic Services defined under First Schedule is up to 99.9% over a calendar year of usage.

  • Server instance availability = 100* ( Total minutes per year – unscheduled downtime minutes) / Total minutes per year

Service Availability Commitment Process: If Mithi fails to maintain Availability in any whole calendar year of the Service Term, due to any act or omission of Mithi, then the Customer is entitled to receive a credit against the annual Recurring Charge as set out in the online Order and reflected in invoice against such service. The Service Credits will only be paid in respect of the impacted cloud server instance and only if the annual Recurring Charge has been paid for that year. The Service Credits are non-cumulative and cannot be carried and accumulated on year – on – year basis. The service Credits are set out below:

Between 95-99% availability, 2% of the annual recurring charge. Below 95% availability, 4% of the annual recurring charge.

In order to qualify for a Service Credit, the Customer must notify Mithi within seven (7) days of any event giving rise to a Customer entitlement, by invoking a Support ticket with the Mithi’s Helpdesk, Pune. Failure to so notify will void the Customer's eligibility for any credit for such events.

  • Mithi will then determine in its reasonable judgment, the cause of the service unavailability.

Service unavailability shall not be deemed to occur as a result of network maintenance activities; acts or omissions of Customer or its agents; failure of Customer supplied hardware/software; network unavailability outside the Mithi network; or events of Force Majeure.

The Service Level Guarantee shall not apply to the following performance issues:

  • Caused by factors outside of Mithi's reasonable control.
  • That resulted from any actions or in-actions of the Customer or any third parties.
  • That resulted from the Customer's software and / or third party software, not within the sole control of Mithi.
  • Caused by a Force Majeure event.
  • Planned / Scheduled Maintenance for which Mithi had provided notice of forty eight (48) hours or more.
  • Any restrictions placed / imposed upon Mithi by the Customer, which prevent or delay the performance of Mithi's obligations.
  • Any Network outage arising out of Virus / Denial Of Service attacks and / or the usage / utilization in excess of 80% of the contracted bandwidth (rate-limit customers) / capacity of physical link.

Normally barring all the excluded causes mentioned above, Mithi commits to take all necessary and standard measures to monitor and maintain the setup and deliver on the committed up-time. Despite this best effort if some unfortunate and unforeseen incident does occur, Mithi cannot be held liable beyond the specified service credits penalties. Also, Mithi is committed to continuously improve so in the eventuality of such an incident, Mithi will perform a postmortem and incorporate the learning into the processes and tools.

Limitation of liability

If Mithi breaches this agreement, you agree that your exclusive remedy is to recover, from Mithi or any affiliates, resellers, distributors, and vendors, direct damages up to an amount equal to your services fee for one month. You can't recover any other damages or losses, including, without limitation, consequential, lost profits, special, indirect, incidental, or punitive. These limitations and exclusions apply if this remedy doesn't fully compensate you for any losses or fails of its essential purpose or if we knew or should have known about the possibility of the damages. To the maximum extent permitted by law, these limitations and exclusions apply to anything related to this agreement such as loss of content; any virus affecting your use of the services; delays or failures in starting or completing transmissions or transactions; claims for breach of contract, warranty, guarantee, or condition; strict liability; negligence; misrepresentation or omission; trespass; violation of statute or regulation; or unjust enrichment. Some or all of these limitations or exclusions may not apply to you if your state, province, or country doesn't allow the exclusion or limitation of incidental, consequential, or other damages.

Third-party websites

You may be able to access third-party websites or services via the services. Mithi isn't responsible for third-party websites, services, or content available through those third-party services. You are solely responsible for your dealings with third-parties (including advertisers). Your use of third-party websites or services may be subject to that third-party’s terms and conditions.

Setup and Deployment

The system would be set up within a time frame of four weeks from the date of receipt of the Purchase Order along with the requisite advance payment. (subject to domain having been registered and also considering 3 days extra for domain entry change to point to our server)

Support

Definition of who can ask for support

Mithi's helpdesk is available for the customer as defined in the description of terms above. In your company, you would have a group of IT people, who manage the setup and also support your end users, viz internal/user customers. Mithi does not directly support the end users in your organisation. Mithi will only support your IT team via a single registered email id/group id. This means that only mail from registered email ids would be treated as valid inputs and would be logged as tickets in our system. To support your end users, you may want to setup an internal help desk system.

Maintenance and Management issues - Severity definitions

Note: This doesn't apply to Reconfiguration, Upgrade, Deployment and Migration tickets/issues.

Severity Description
Severity Level 1

(S1-Show stopper)

Critical Service Outage

A production service is down and no workaround is immediately available.

A critical production service – such as mail access and mail delivery is down or not responding and cannot be stabilized or restarted. Your business operations have been severely disrupted. More than 50% of users on a platform or server are affected. May not be used in the case of a new installation, a test server or platform, or where no production users are on the system.

Severity 1 support requires you to have dedicated resources available to work on the issue on an ongoing basis during your contractual hours. In the case that the customer cannot continue to work on the issue with Mithi or its Associates, the case Severity Level may be reduced to a S2.

A service outage does not include the loss of connectivity or access for a single or relatively small subset of users, and a service outage should only be filed on cases thought to be problems with the server or service. S1s cannot be filed on a case thought to be a problem in a messaging user agent or client such as Baya, Thunderbird, Outlook, iPhone, etc.

Severity Level 2

(S2-Major Functionality impaired)

Major functionality is severely impaired.

Operations can continue in a restricted fashion, although long-term productivity might be adversely affected. A major milestone is at risk. Ongoing and incremental installations are affected. A temporary workaround is available.

Severity Level 3

(S3-Minor Functionality impaired)

Minor functionality is impaired.

Minor functionality not working – workaround available. Partial, non-critical loss of functionality of the software.

Impaired operations of some components, but allows the user to continue using the software. Initial installation milestones are at minimal risk.

Severity Level 4

(S4-General usage questions)

General Usage Questions

  • Cosmetic issues, including errors in the documentation.
  • General configuration or use questions.
  • Enhancement requests.

Note: Cases initially opened via email will be assigned a Severity Level of Sev-4.

Support Window, Response times, scope

Solution Support Option No of Incidents (+++) Response time for Outage in the service(&) Response time for any other incident type(&) Forums Product Literature Help desk (++) Phone (++) Chat (++) Working hours(%)
Venture and Aspire Assurance 10 1 working hours Same working day Yes Yes Yes 24/7/365 (mobile) for Outages only No

Monday-Friday 8.00 a.m. - 8.00 p.m.

Saturday. 9.00 a.m. - 6.00 p.m.

24/7 For emergencies and S1 level calls

Endure Privilege 25 1 working hours Same working day Yes Yes Yes 24/7/365 (mobile) for Outages only No

Monday-Friday 8.00 a.m. - 8.00 p.m.

Saturday. 9.00 a.m. - 6.00 p.m.

24/7 For emergencies, S1 and S2 level calls

Support Incident Process

Mithi is committed to resolving customer problems quickly and professionally.

When you contact Mithi:

  • Every service request is logged into the Help desk system and is accessible to all Service Team members.
  • The tickets are sorted into separate queues depending on the type of request. The queues through which your ticket can flow are
    • L1
    • L2 escalation
    • L3 product escalation
    • Preventive work to be initiated
    • Reconfigurations
    • Upgrades
    • Deployments
  • The Services Team assigns case priority based, in part, on the Severity Level that you indicate or we analyse
  • After reasonable troubleshooting, an unresolved case will be escalated to Engineering directly for resolution (L3).

Note:

  • Enhancement and bug requests also funnel in through the same ticketing process. Typical resolution for enhancements will be bugs filed with Engineering who will work with the Support team to provide target release dates.
  • Cases initially opened via email will be assigned a Severity Level of Sev-4.

Remote access to user clients - policy

Sometimes we come across situations where the end users are facing some challenges with their clients (email clients, chat clients, calendar clients, browsers etc) and even though we attempt to support these situations via instructions provided remotely, in some rare occasions we may need to suggest that the customer allows us to access the client's PC remotely so we can get a first hand view of the problem faced by the user. This is typically done using some screen sharing software like AmyAdmin or GotoMeeting, etc.

While we will make all possible attempts to avoid this, for some chronic situations, it may still be required to do this. For all such situations, please take note of the following policies governing this access.

  • It is upto the customer to ensure privacy of the data residing on the client PC. We advice that the user or administrator always be available and looking at the PC to audit what all our operators are doing. Please DO NOT leave the PC unattended while a remote investigation is in progress.
  • We advice and require that all applications and all windows on the PC, except the client application being investigated, be switched off.
  • We require that during the investigation, the user should not be doing any operation on the PC whatsoever. If the user needs the PC urgently, we would log off the session and continue at a later time.
  • Mithi will not entertain any complaints of any kind related to privacy violation since this exercise is to be conducted in mutual agreement, at a mutually convenient time and when both parties are working on the PC together.

Change Management process

Every request for change (internally initiated or externally initiated) lands up in the Reconfiguration queue. Each ticket in this queue, goes through the following process.

1. Understanding the requirements by a call and documenting these in the ticket as the full scope.

2. Asking customer to sign off on these requirements as understood to confirm both teams are on the same page

3. Mithi Reconfiguration team then makes a CMR (Change Management Request) form, which has the following key elements

a. The requirements and scope
b. Impact of this change on end users
c. The Phases, Steps and Commands to perform the change with the schedule.
d. Total Downtime
e. Roll back plan

4. The CMR is sent across to customer for review and approval.

5. Once the CMR is approved, the mithi team executes these as per schedule given and monitors the impact.

Configuration Management process

Configuration management follows our kaizen plan and vision for the setup to make it more reliable, manageable and high performing.

The entire plan is broken down into steps to be done through the year. Each step in the plan then follows the Change management process to implement in the setup. The customers are kept update of the well in advance of the change to be done and their feedback is also accommodated.

Problem Management process

For every ticket which is reported by customers, the following action is taken once the ticket has been responded and resolved using the Incident management process. The bias is towards prevention.

Depending on the RCA done for the reported incident, one or more of the following actions are triggered to prevent such incidents from recurring

a. Knowledge Base: If the incident is not already documented in our KBase, it is added as a Troubleshooting or How to topic

b. External Training: Sending useful information to the customer to educate them and also walking them through the resolution to Train their team

c. Internal Training: Mithi runs a edaily training program for the services team members. This incident gets added as a topic to discuss.

d. Product defect/enhancement: The product team is informed of the incident so they can consider changing the product interface/behavior to prevent recurrence.

e. Process enhancement: The deployment and Reconfiguration processes may need a change to prevent such incidents.

Release Management

The setup is regularly updated to the latest application version as they are released.

The following process is followed

1. The software is released in house daily (an automated daily upgrade ensures that the entire Mithi team is using the latest software as it is made)

2. The daily software build is automatically tested using test harnesses developed to confirm that the application is integral and matching the functionality & performance requirements

3. At defined time milestones, the release is branched as a release candidate which goes for detailed manual regression testing and validation.

4. Once the team clears the release, it is moved to Beta for in house use by the company and on the demo servers hosted.

5. After the beta is cleared, the product moves to a Release and is updated to the download center.

6. The Mithi SkyConnect customers are informed of the upcoming upgrade via a change management mail with downtime, impact etc.

7. The Mithi SkyConnect servers are then upgraded.

Server retirement process

During our configuration management, if we need to retire/replace a server or storage, the following process is followed.

1. The storage volumes are formatted to erase any data which was present on that.

2. The configuration data is erased by deleting the organization and domain entities.

Services structure

Activity Maintenance and Management Reconfigurations and Upgrades Fresh deployments and migrations
L0 - Self Help

Customer may use the Self Help tools provided by Mithi to perform the desired maintenance task using their internal resources.

Customer may use the Self Help tools provided by Mithi to perform the desired reconfiguration and upgrade task using their internal resources.

Customer may use the Self Help tools provided by Mithi to perform the desired deployment and migration activity using their internal resources. If not the entire activity, the customer has to at least ensure that the Site is ready as per specifications provided by Mithi.

L1 - Service Desk

Customer may open a ticket in Mithi's help-desk system to report an issue or query regarding their running setup. The response time is decided by the incident type and support type included in the subscription. Refer to table below for more details on response time.

The charges for this are included in subscription

Customer may open a ticket in Mithi's help-desk system to request Mithi team to perform the activity or help the customer's team to perform the activity.

If the customer would like Mithi's team to perform the activity, the activity would be charged separately.

If the customer is performing the activity on their own and would need help from Mithi, that wont be charged. Please note that in this condition, Mithi would point the customer to appropriate documentation resources or provide steps only.

Customer may open a ticket in Mithi's help-desk system, to request Mithi team to perform the activity or help the customer's team to perform the activity.

If the customer would like Mithi's team to perform the activity, the activity would be charged separately.

If the customer is performing the activity on their own and would need help from Mithi, that wont be charged. Please note that in this condition, Mithi would point the customer to appropriate documentation resources or provide steps only.

L2 - Escalations

If the issue is not being resolved in a timely manner or in a satisfactory way, either the customer or Mithi's L1 support staff, may escalate the issue to an L2 support manager (Mithi senior person). The escalation matrix is provided below in a separate table.

If the reconfiguration activity is not being performed in a timely manner or in a satisfactory way, either the customer or Mithi's L1 support staff, may escalate the issue to an L2 support manager (Mithi senior person). The escalation matrix is provided below in a separate table.

If the fresh deployment or migration activity is not being performed in a timely manner or in a satisfactory way, either the customer or Mithi's L1 support staff, may escalate the issue to an L2 support manager (Mithi senior person). The escalation matrix is provided below in a separate table.

L3 - Product Escalations

If the issue has been reviewed by an L2 support manager and needs intervention by the product team, it is internally escalated to the Service delivery Manager (L3) who inturn will review the ticket and escalate it to the product team for a resolution. Meanwhile the support team will try and provide a work around or first aid to keep the system running smoothly.

If the issue has been reviewed by an L2 support manager and needs intervention by the product team, it is internally escalated to the Service delivery Manager (L3) who inturn will review the ticket and escalate it to the product team for a resolution. Meanwhile the support team will try and provide a work around or first aid to keep the system running smoothly.

If the issue has been reviewed by an L2 support manager and needs intervention by the product team, it is internally escalated to the Service delivery Manager (L3) who inturn will review the ticket and escalate it to the product team for a resolution. Meanwhile the support team will try and provide a work around or first aid to keep the system running smoothly.

Escalation Matrix for Helpdesk tickets

Please use this information to contact the concerned people after you have opened tickets and have monitored the ticket for a response.

Level Name Designation Coordinates
L1 service desk Help desk Support staff

[email protected]

+91 20 67043430

+91 73508 46100

L2 escalation Nileema Matondkar Level 2 Support Manager

[email protected]

+91 20 67043410

+91 77740 58605

L3 escalation Anita Joshi Head - Services

[email protected]

+91 20 67043444

+ 91 88888 02428

24/7 Helpline Carried in rotation Contact only in case of outage

+91 98224 07208

Ticket retention policy

Mithi will retain closed/resolved tickets for a period of upto 3 months earlier than today. All tickets older than 3 months would be deleted from the system. This would be done as part routine cleanup to maintain high performance of the ticketing system. If as part of your process, you need historical data of more than 3 months, you may need to establish a system to capture and store this at your end.

Code of Conduct

This Code of Conduct applies to all Mithi SkyConnect users that allow them to post or share content with others. Please read the Code of Conduct and any supplemental information below for additional details about particular services that you may use.

Member Qualifications

The services are designed for individuals 13 years of age or older. As a user of the service you will uphold this Code of Conduct, and are responsible for all activities and content you post/upload. In addition to upholding this Code of Conduct, you are responsible for adhering to all applicable local and national laws. Falsely impersonating a Mithi employee, agent, manager, host, or any other person with the intent to mislead or cause harm to others is forbidden.

Prohibited Uses

You will not upload, post, transmit, transfer, distribute or facilitate distribution of any content (including text, images, sound, video, data, information or software) or otherwise use the service in a way that:

  • depicts nudity of any sort including full or partial human nudity or nudity in non-human forms such as cartoons, fantasy art or manga.
  • incites, advocates, or expresses pornography, obscenity, vulgarity, profanity, hatred, bigotry, racism, or gratuitous violence.
  • misrepresents the source of anything you post or upload, including impersonation of another individual or entity.
  • provides or creates links to external sites that violate this Code of Conduct.
  • includes content that is protected by intellectual property laws, rights of privacy or publicity, or any other applicable law unless you own or control the rights thereto or have received all necessary consents.
  • is intended to harm or exploit minors in any way.
  • is designed to solicit, or collect personally identifiable information of any minor (anyone under 18 years old), including, but not limited to: name, email address, home address, phone number, or the name of their school.
  • invades anyone's privacy by attempting to harvest, collect, store, or publish private or personally identifiable information, such as passwords, account information, credit card numbers, addresses, or other contact information without their knowledge and willing consent.
  • is illegal or violates any applicable local and national laws; including but not limited to child pornography, bestiality, incest, illegal drugs, software piracy, and harassment.
  • threatens, stalks, defames, defrauds, degrades, victimizes or intimidates an individual or group of individuals for any reason; including on the basis of age, gender, disability, ethnicity, sexual orientation, race or religion; or incites or encourages anyone else to do so.
  • harms or disrupts, or intends to harm or disrupt, another user's computer or would allow you or others to illegally access software or bypass security on Web sites, or servers, including but not limited to spamming.
  • attempts to impersonate a Mithi employee, agent, manager, host, administrator, moderator, another user or any other person through any means.
  • promotes or otherwise facilitates the purchase and sale of ammunition or firearms.
  • contains or could be considered 'junk mail', 'spam', 'chain letters', 'pyramid schemes', 'affiliate marketing' or unsolicited commercial advertisement.
  • mischaracterizes content you post or upload or contains the same or similar content to other content you have already posted.
  • attempts to manipulate the services, including ranking and reputation systems in the services, by violating any of the provisions of this Code of Conduct, colluding with others on voting or using multiple profiles.
  • offers to make international money transfers for amounts exceeding the asking price of an item, with intent to request a refund of any portion of the payment.
  • contains advertising for money making schemes, discount cards, credit counseling, online surveys or online contests.
  • violates intellectual property laws, rights of privacy or publicity or any other applicable law unless you own or control the rights thereto or have received all necessary, permissions, licenses or consents.
  • violate any copy right directly or indirectly.

You will not use any form of automated device or computer program that enables the submission of postings without the express written consent of Mithi.

  • Mithi shall not tolerate disruptive activity online, postings or statements that incite others to violate this Code of Conduct or participate in illegal activities.
  • Mithi shall not allow the posting of destructive features, use of computer programs that contain such features, or access to any content that contains destructive features such as: viruses, worms, Trojan horses, or bots for the use of scrolling, showing multiple screens, and other activities that can be disruptive to online communication or Internet system or services.
  • Mithi reserves the right to remove communities and chats that advocate or encourage expressions of violence, bigotry, racism, hatred, or profanity.

Termination and Cancellation

If any serious misconduct is noticed/reported with evidence (misconduct is defined but not limited to the points mentioned above in the section "prohibited uses") Mithi reserves the right, at its sole discretion, and without any obligation to do so, ban participants or terminate access to services. Once this is done then the terms of services cancellation come into effect.

Rights and Responsibilities

We encourage you to not share information that others could use to harm you. We encourage parents to be aware of and help exercise control over content posted by and activities of their children to keep them safe online.

Mithi is not responsible for the content of any user-created posting, listing or message. The decision to view content or engage with others is yours. We advise you to use your judgment.

You are responsible for protecting your computer against interference, spyware or viruses that may be encountered for downloaded items from the service. We recommend you install a virus protection program on your computer and keep it up to date.

You may use the Report Abuse link to report violations of this Code of Conduct.

Mithi reserves the right to amend or change the Code of Conduct or any service at any time without notice. We encourage you to periodically review these guidelines to ensure you are in compliance.

Some information you provide or upload to the service may be stored outside of the country in which you reside.

Zero Spam Policy

Customer, its agents, users or employees shall not “spam” through the Services. To spam includes sending identical and irrelevant submissions to many different discussion groups, mailing lists, chats or communities. Usually such postings are unsolicited or have nothing to do with the particular topic of the group or are of no real interest to those on the mailing list. To spam also includes misrepresenting the source of anything you say or post. Spamming and scrolling in chat rooms are serious violations of online etiquette

If an email id has been found to be sending more than the allowed threshold of mail in one day by our Rate control system. the EMAIL ID will be AUTOMATICALLY BLACK LISTED.

One of the possible causes for this are that the user's PC/laptop is infected by a virus which is causing it to send mail via the server without the user's knowledge.

It is expected that you will take appropriate action to scan and cleanup the PC before you approach our help-desk to de-list that email id. When you request for a de-listing, also please enlist all the measures you took to prevent such occurrences in the future.

PLEASE NOTE that if an email id is found to be a habitual offender (blacklisted 3 times), it will be permanently blacklisted and you may have to delete and create a new email id.

During operational reviews, Mithi would be taking the following action if a broad based spam (several users are doing this and causing our IPs to develop bad reputation) is originating from the users of your domain and being sent via our servers:

1. ALERT 1: Mithi would block the offending email ids and would alert your administrator of the spam activity. It would be your responsibility to disinfect the concerned PC/laptop, reset the password of the user to a complex password, and intimate this in writing to Mithi, before we can enable those email ids.

2. ALERT 2: Despite the above, if spam is observed repeatedly, a second alert would sent to your administrator after blocking the concerned email ids. Please note that it takes effort to clean up the junk mail which have entered the system and at this point. We would be requesting a document suggesting what steps you have taken to prevent this recurrence, before we can re-enable those email ids

3. FINAL ALERT/WARNING LEADING TO DISCONNECTION: If despite the above, spamming continues, Mithi may decide to terminate your subscription and disable your domains permanently from our servers. Please note that your subscription charges are non-refundable in this case.

Other Terms

THIS AGREEMENT is made and entered between Mithi Software Technologies Pvt. Ltd., having its Registered offices at 103, Mayfair Court, Dr. Pai Marg, Pune 411 045, hereinafter referred to as Mithi and <Customer Name>, having its Registered offices at <Customer Address>, hereinafter referred to as the Customer, WHEREAS Customer wishes to use the services of Mithi. NOW, the parties hereto are desirous of reducing the terms of the contract in writing and the parties hereby agree as follows:

  • INDEMNIFICATION: The Customer shall indemnify and hold harmless Mithi from any and all loss, cost, expense, and damages on account of any and all manner of claims, demands, actions, and proceedings that may be initiated against Mithi on the grounds that the content violates any copyright, proprietary right of any person, state and central regulations, or contains any matter that is libelous or scandalous, or harm sentiment of a particular religion, caste or community.
  • FORCE MAJEURE: Section 56 of the Indian Contract Act shall apply to this Agreement. In addition, if at anytime, during the continuance of Mithi SkyConnect Services, the performance in whole or part, of any obligation under it shall be prevented or delay reason of war, hostility, acts of the public enemy, civil commotion, sabotage, fire, flood, explosion, epidemic, quarantine restriction, strikes, lock-out or act of GOD etc., Customer shall not have any claim for damages against Mithi in respect of such non-performance or delay in performance.
  • ENTIRE AGREEMENT AND UNDERSTANDING: This instrument and the application constitute the entire agreement between the parties, and represent the complete and entire understanding of the parties with respect to the subject matter of this Agreement.
  • GOVERNING LAW: This Agreement shall be governed by the laws of INDIA. In the event that any term or provision of this instrument is held by a court of competent jurisdiction to be unenforceable, then the remaining provisions of this instrument and the agreement which it evidences, shall remain in full force and effect. Courts in Pune alone shall have the jurisdiction touching this agreement in any manner what so ever.
  • DISPUTE RESOLUTION: Any dispute arising out of, or concerning this agreement shall be referred to a sole Arbitrator to be appointed By mutual consent, either on its own or upon receipt of a request from a Customer or any third party or claimant, the seat of the Arbitrator shall be Pune, the Arbitrator shall give his award within 120 days from the date of first hearing The period may be extended by mutual consent of all parties concerned.
  • NOTICES: You consent to Mithi providing you notifications about the services or information the law requires us to provide via email to the address that you specified when you signed up for the services. Notices emailed to you will be deemed given and received when the email is sent. If you don't consent to receiving notices electronically, you must stop using the services. You may notify Mithi as stated in customer support for the services.
  • CLAIMS: Claims must be filed within one year. Any claim related to this agreement or the services must be brought within one year of the date you could first bring the claim, unless your local law requires a longer time to file claims. If not filed within that time, then it's permanently barred.
  • SURVIVAL: The Privacy section, and Payments section (for amounts incurred before the end of this agreement), and those that by their terms apply after it ends will survive any termination or cancellation of this agreement.
  • ASSIGNMENTS and TRANSFER: We may assign this agreement, in whole or in part, at any time without notice to you. You may not assign this agreement or transfer any rights to use the services.
  • CONTRACT INTERPRETATION: This is the entire agreement between you and Mithi for your use of the services. It supersedes any prior agreements between you and Mithi regarding your use of the services. All parts of this agreement apply to the maximum extent permitted by relevant law. If a court holds that we can't enforce a part of this agreement as written, we may replace those terms with similar terms to the extent enforceable under the relevant law, but the rest of this agreement won't change. The agreement’s section titles are for reference only and have no legal effect.
  • NO THIRD PARTY BENEFICIARIES: This agreement is solely for your and our benefit. It isn't for the benefit of any other person, except for Mithi’s successors and assigns.

IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, and in consideration of the covenants and agreements contained herein, do hereby execute this instrument, with each party warranting their ability to enter into this agreement for the person or entity herein named as a party hereto.