HOSTROCKERS TERMS OF SERVICE
By these Terms of Service, HostRockers Inc. (“HostRockers” or the “Company”), an Indian Corporation, and the subscriber (the “Subscriber”), as identified at the top of the first page of the term sheet portion of this Agreement (the “Term Sheet”), agree as follows:
1.1 “Base Monthly Service Fee” consists solely of the base monthly service fee paid by a Subscriber for the selected HostRockers Services and excludes all other fees which might be charged to the Subscriber, including but not limited to, set-up fees, fees for local loop, space rental fees, charges for additional services such as management services, incremental bandwidth usage or hard drives beyond that which are available without additional charge under HostRockers standard rates, hourly support and other types of optional additional Services.
“Services” shall include any one or more of the following:
The Services, unless otherwise stated in the Agreement, shall be managed by the Subscriber.
“Subscriber” shall mean a corporation or an individual over the age of eighteen (18), acting for commercial or business purposes, named on the invoice and responsible, unless otherwise agreed with HostRockers, for paying the charges for the Services provided under the TOS and entitled to receive any notice and information relating to these TOS or the Services.
“Terms of Service (“TOS” or “Agreement”)” shall mean the agreement in effect from time to time between HostRockers and the Subscriber, which is subject to these TOS and any other document or form that may be designated by HostRockers from time to time in accordance herewith as forming part of these TOS.
1.4 This Agreement shall be construed in all respects in accordance with the laws of the province of Haryana and the federal laws of India, as the case may be.
1.5 Disclosure to Law Enforcement: The AUP specifically prohibits the use of HostRockers’s Services for illegal activities. Therefore, the Subscriber acknowledges and agrees that the Company may disclose any and all Subscriber information, including but not limited to assigned IP numbers, account history and account use to Federal law enforcement agents without consent or notification to the Subscriber if HostRockers is required to do so by law. HostRockers will not disclose Subscriber information to third-party or international agencies unless a Federal court order has been obtained. HostRockers shall have the right to terminate all Services set forth in this Agreement should the Subscriber use the Services for illegal purposes.
The Term of this Agreement will begin on the Commencement Date (as defined on the Term Sheet) and shall remain in full force and effect for the duration of a twelve (12) month Term, as indicated on page one of the Agreement.
Unless notice in writing is received by HostRockers prior to the end of the Term, this Agreement will automatically be renewed for the next billing period at the rate applicable for the Services included in the Agreement.
The Subscriber acknowledges that the nature of the Services furnished by the Company and the initial rates and charges have been communicated to the Subscriber, as outlined on the Term Sheet of this Agreement. The Subscriber agrees to pay all fees and charges specified in this Agreement and relating thereto, on a monthly basis, in advance of or on the established due date of each month. The Subscriber is aware that the Company may prospectively change their specified rates and charges from time to time. Any promotional offers are contingent upon the Company achieving and maintaining its cost of service goals, including but not limited to, rates charged to the Company by its suppliers.
The Subscriber shall pay HostRockers all fees due upon receipt of an invoice specifying the amounts due (“Fees”). Fees are due and payable by the Subscriber within seven (7) days of the date of the invoice. The Acceptance by the Company of late or partial payments shall not waive any of HostRockers’s rights to collect the full amount due under this Agreement.
Establishment of the Services is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month’s Services. All accounts and Services provided by HostRockers to Subscribers are subject to the current tax rate as imposed by the province of Haryana and India.
Services will be suspended on Subscriber accounts that reach one (1) day past the invoice due date and a ten percent (10%) late fee will be added to the outstanding balance.
Once an account becomes one (1) day overdue, Services will enter into a ‘suspended state’. In the ‘suspended state’ Subscriber data will not be in jeopardy. Services will be terminated on accounts that reach seven (7) days past due. Once a Cloud, VPS, or Hybrid server enters the ‘canceled state’, data will be lost as the entire virtual instance is automatically deleted. Dedicated servers entering into a ‘cancelled state’ are in high-risk of data being lost (example: in the event of a server being re-provisioned). Once a service has been terminated, the data is not recoverable. If HostRockers suspends or terminates the Services, the Subscriber will continue to be responsible for the payment of any amount owing on their account to HostRockers. If the Subscriber has pre-paid their account, the pre-paid amount will be forfeit.
All payments to HostRockers are non-refundable. This includes the one-time setup fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within ten (10) days of the time the dispute occurred. If the Subscriber disputes a charge made to his/her/its credit card that, in the Company’s sole discretion, is a valid charge under the provisions of the TOS and/or AUP, the Subscriber agrees to pay HostRockers an “Administrative Fee” of no less than One Hundred Fifty Dollars ($150).
The Company may temporarily deny Services to the Subscriber by placing the Subscriber’s account into a suspended state or terminate this Agreement upon the failure of the Subscriber to pay charges when due. Such denial or termination will not relieve the Subscriber of his/her/its responsibility to pay all accrued charges.
All requests to cancel accounts must be made from the Subscriber’s client portal. Thirty (30) days’ notice must be provided to HostRockers for monthly Subscriber Terms and sixty (60) days’ notice must be provided for any Subscriber Term greater than one month in length. Upon the cancellation notice, HostRockers has the right to reclaim the server immediately. Failure to give proper notice, your monthly, quarterly or prepaid annual contract will renew automatically.
The Subscriber acknowledges that the Services provided are of such a nature that the Services can be interrupted for many reasons other than the negligence of the Company and that damages resulting from any interruption of the Services are difficult to ascertain. Therefore, the Subscriber agrees that the Company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the Company. The Subscriber further acknowledges that the Company’s liability for its own negligence may not in any event exceed an amount equivalent to charges payable by the Subscriber for the Services during the period damages occurred. In no event shall the Company be liable for any special or consequential damages, loss or injury.
HostRockers provides 24×7 technical support to its Subscribers for managed and non-managed Services. The Company limits its technical support to the Services, being its area of expertise. The following are HostRockers’s guidelines when providing support: HostRockers provides support related to the Subscriber’s hosting’s physical functioning. HostRockers does not offer technical support for application specific issues such as cgi programming, html or any other such issue. HostRockers does not provide technical support for the Subscriber’s customers. If the Subscriber has email access, HostRockers encourages the Subscriber to email [email protected] for assistance. Lastly, the Knowledge Base in the HostRockers program the Subscriber is using may have the answer to the Subscriber’s question. As such, HostRockers encourages the Subscriber to investigate these resources before calling tech support.
With respect to managed Services, HostRockers will not interfere with the Subscriber’s developed software. The scope of support boundaries for managed Services will be defined on an individual Subscriber basis and will be outlined on the Term Sheet portion of this Agreement.
Support boundaries for both managed and unmanaged Services can also be found on the HostRockers website.
Distributed Denial of Service Attack (“DDoS”) is a type of denial of service attack in which an attacker uses malicious code installed on various computers to attack a single target. An attacker may use this method to have a greater effect on the target than is possible with a single attacking machine. As a HostRockers user, the Subscriber is ultimately responsible for making sure that his/her/its account is secured and that no root kits or viruses are on his/her/its server.
Violation of this Inbound/Outbound DDoS policy will result in severe penalties. Upon notification of an alleged violation of this policy, whether the Subscriber’s server has become the victim of a DDoS Attack or the Subscriber is deliberately performing the DDoS, HostRockers will invoice the Subscriber Five Dollars ($5) per DDoS incident unless client subscribes to a DDoS protection package and initiate an immediate investigation. During the investigation, HostRockers may restrict the Subscriber’s access to the network to prevent further violations. If a Subscriber is found to be in violation of HostRockers’s DDoS policy, HostRockers may, at its sole discretion, restrict, suspend or terminate the Subscriber’s account.
As HostRockers’s Subscribers are ultimately responsible for the actions of their clients over the HostRockers network, it is advisable that Subscribers develop a similar or stricter policy for their respective clients.
HostRockers takes a zero-tolerance approach to the sending of Unsolicited Commercial Email (“UCE” or “SPAM”) over its network. Very simply this means that Subscribers of the Company may not use or permit others to use the HostRockers network to transact in UCEs. Subscribers of HostRockers may not host or permit the hosting of sites or information that is advertised by UCEs from other networks. Violations of this policy carry severe penalties, including termination of the Services.
Violation of HostRockers’s SPAM policy will result in severe penalties. Upon notification of an alleged violation of its SPAM policy, HostRockers will initiate an immediate investigation (within 48 hours of notification). During the investigation, HostRockers may restrict Subscriber’s access to the network to prevent further violations. If a Subscriber is found to be in violation of HostRockers’s SPAM policy, HostRockers may, in its sole discretion, restrict, suspend or terminate the Subscriber’s account. Further, HostRockers reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. HostRockers will notify law enforcement officials if the violation is believed to be a criminal offense.
First violations of this policy will result in an “Administrative Fee” of Two Hundred and Fifty Dollars ($250.00) and the Subscriber’s account will be reviewed for possible immediate termination. A second violation will result in an “Administrative Fee” of Five Hundred Dollars ($500.00) and immediate termination of the Subscriber’s account. Subscribers who violate this policy agree that in addition to these “Administrative” penalties, they will pay “Research Fees” not to exceed One Hundred and Seventy-Five Dollars ($175.00) per hour to account for the time HostRockers personnel will have to spend to investigate the matter. SUBSCRIBERS ARE NOT TO SEND SPAM from their servers.
As HostRockers’s Subscribers are ultimately responsible for the actions of their clients over the HostRockers network, it is advisable that Subscribers develop a similar or stricter policy for their clients.
Any Subscriber hosting websites or services on their server that support spammers or cause any of HostRockers’s IP space to be listed in any of the various Spam Databases will have their server immediately removed from the HostRockers network. The server will not be reconnected until such time that the Subscriber agrees to remove ANY and ALL traces of the offending material immediately upon reconnection and agrees to allow HostRockers access to the server to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the server from the HostRockers network without notice to the Subscriber. Any server guilty of a second violation WILL be immediately and permanently removed from the HostRockers network without notice.
HostRockers reserves the right to suspend network access to any Subscriber if, in the judgment of the HostRockers network administrators, the Subscriber’s server is the source or target of the violation of any of the terms of the Company’s AUP. If inappropriate activity is detected, all accounts of the Subscriber in question will be deactivated until an investigation is complete. Prior notification to the Subscriber is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The Subscriber will not be credited for the time the Subscriber’s machines are suspended for any reason, including late payment of Fees in accordance with section 6 herein.
17.1 Due to HostRockers’s extensive network infrastructure, HostRockers can provide its Subscribers with a one hundred percent (100%) network uptime guarantee. In the event that any Services do not experience one hundred percent (100%) uptime in a given month, HostRockers will credit five percent (5%) of the Subscriber’s Base Monthly Service Fee for the first hour of downtime and subsequently an additional five percent (5%) for each hour of downtime thereafter with a maximum of an eighty percent (80%) refund. Any scheduled Emergency Downtime taken by HostRockers will not apply to this downtime calculation, nor to the credit calculation. This guarantee applies to HostRockers’s network uptime and not to any hardware, software or Services running on a Subscriber’s server.
Account credits will be issued when a credit request is made by the Subscriber. All requests for credits must be made within three (3) days of the incident. All requests for credits must be made by creating a support ticket at https://HostRockers.com/client-area.
17.2 Save and except for any direct negligence on the part of HostRockers, the Subscriber agrees that the Company cannot be held liable for server downtime or data loss in the following emergency downtime (“Emergency Downtime”) circumstances:
HostRockers reserves the right to amend its policies at any time. All sub-networks, resellers and managed servers of HostRockers must adhere to the existing HostRockers policies. Failure to follow any term or condition will be grounds for immediate cancellation. The Subscriber will be held responsible for the actions of his/her/its clients in the manner described in these TOS. Therefore, it is in the Subscriber’s best interest to implement a similar or stricter TOS for his/her/its own clients.
HOSTROCKERS, ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS OR AGENTS (IT BEING ACKNOWLEDGED BY THE SUBSCRIBER THAT FOR THE PURPOSES OF THIS SECTION ONLY, HOSTROCKERS IS CONTRACTING AS AGENT ON BEHALF OF ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS OR AGENTS) SHALL NOT BE LIABLE TO THE SUBSCRIBER OR ANY OTHER PERSON (EXCEPT FOR PHYSICAL INJURIES AS A RESULT OF HOSTROCKERS’S NEGLIGENCE) FOR (1) ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR LOSSES INCLUDING, WITHOUT LIMITATION, PROPERTY DAMAGE, LOSS OF DATA, LOSSES RESULTING FROM A THIRD PARTY’S UNAUTHORISED ACCESS TO DATA, LOSS OF PROFIT, LOSS OF EARNINGS, FINANCIAL LOSS, LOSS OF BUSINESS OPPORTUNITY, PERSONAL INJURY, DEATH OR ANY OTHER DAMAGE OR LOSS HOWEVER CAUSED, RESULTING DIRECTLY OR INDIRECTLY, OR RELATING, IN ANY MANNER, TO THE TERMS AND CONDITIONS HEREIN, THE HOSTROCKERS SERVICES, OR THE SUBSCRIBER’S COMPUTER SYSTEM; OR (2) DEFAMATION OR COPYRIGHT INFRINGEMENT THAT RESULTS FROM MATERIAL TRANSMITTED OR RECEIVED OTHER THAN THE HOSTROCKERS’S SERVICES. THESE LIMITS APPLY TO ANY ACT OR OMMISION OF HOSTROCKERS, HOSTROCKERS’S EMPLOYEES, OR AGENTS, WHICH WOULD OTHERWISE BE A CAUSE OF ACTION IN CONTRACT, TORT OR ANY OTHER DOCTRINE OF LAW AND IN NO EVENT SHALL HOSTROCKERS’S LIABILITY TOWARD THE SUBSCRIBER EXCEED THE TOTAL AMOUNT PAID TO HOSTROCKERS BY THE SUBSCRIBER FOR ANY AFFECTED SERVICE, DURING THE 3-MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE CLAIM. THIS SECTION SHALL CONTINUE TO APPLY NOTWITHSTANDING EXPIRATION OR TERMINATION OF THESE TOS.
THE SUBSCRIBER ACKNOWLEDGES AND AGREES THAT THE SERVICES ARE PROVIDED BY HOSTROCKERS “AS IS” AND “AS AVAILABLE” AND, TO THE EXTENT PERMITTED BY LAW, WITHOUT WARRANTY BY HOSTROCKERS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, INFRINGEMENT, OR THOSE ARISING FROM A COURSE OF DEALING OF USAGE OR TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, HOSTROCKERS SHALL HAVE NO LIABILITY WHATSOEVER TO ANY SUBSCRIBER FOR: (1) ANY INTERRUPTIONS OR DISRUPTIONS TO THE SERVICES OR ANY OTHER DAMAGES SUFFERED BY THE SUBSCRIBER WHICH ARE CAUSED DIRECTLY OR INDIRECTLY BY ANY FAILURES OF THE SERVICES OR OTHER EQUIPMENT; (2) ANY POWER FAILURES; (3) ANY ACTS OR OMISSIONS OF THE SUBSCRIBER OR ITS OFFICERS, EMPLOYEES, AGENTS OR CONTRACTORS INCLUDING, WITHOUT LIMITATION, DEFAMATION OR COPYRIGHT INFRINGEMENT; (4) ANY DISRUPTION OF ANY PART OF THE EQUIPMENT USED TO PROVIDE THE SERVICES BY PARTIES OTHER THAN HOSTROCKERS; (5) ANY INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS ARISING FROM OR IN CONNECTION WITH THE SUBSCRIBER’S USE OF THE SERVICES OR OTHER EQUIPMENT; (5) ANY EVENT OF FORCE MAJEURE, AS DEFINED IN THIS USER AGREEMENT; (6) ANY EVENT OF FORCE MAJEURE, AS DEFINED IN SECTION 20(g) OF THESE TOS; OR (7) ANY SUSPENSION OR TERMINATION OF THE SUBSCRIBER’S SERVICES.
Any dispute between the parties whether arising during the period of this Agreement or at any time thereafter which attaches upon the validity, construction, meaning, performance or effect of this Agreement or the rights and liabilities of the parties or any matter arising out of or connected with this Agreement shall be subject to arbitration and pursuant to the Arbitration Act (Haryana) and the decision shall be final and binding upon the parties hereto and shall not be subject to appeal.
The arbitration shall be carried out by a single arbitrator if the parties can agree upon one, failing which, such arbitrator as shall be appointed by a judge of the Superior Court of Justice (Haryana) at St. Catharines, upon the application of any of the parties and the said Judge shall be entitled to act as such arbitrator if he or she shall so desire. The arbitration shall take place in the City of Gurugram and the arbitrator shall fix the time and place in such Court of Law for the purpose of hearing such evidence and representation as the parties or any of them may present.
The decision of the arbitrator both in procedure and the conduct of the parties during the proceedings and the final determination of the issue shall be binding upon the parties hereto and no appeal shall lie therefrom. The costs of the arbitration shall be borne by the parties hereto as may be specified in the decision of the arbitrator. Submission to arbitration pursuant to the provisions of this section shall be a condition precedent to the bringing of an action with respect to this Agreement.
The terms and conditions of any other form, purchase order or invoice shall incorporate only the TOS of this Agreement and the terms and conditions contained in the Term Sheet executed by the Subscriber shall supersede any conflicting terms and conditions contained in these TOS.
The Subscriber, as HostRockers’s customer, is solely responsible for the content stored on HostRockers’s Services.
SCHEDULE ‘B’ – DATA PROCESSOR CONTRACT
By these Terms of Service, HostRockers Inc. (“HostRockers” or “the Data Processor”), an Indian Corporation, and the subscriber (the “Subscriber” or “the Data Controller”), as identified at the top of the first page of the term sheet portion of this Agreement (the “Term Sheet”), agree as follows:
Each a “Party” and together the “Parties”.
1.1 In this agreement, unless otherwise defined or the context otherwise requires, the following expressions shall have the following meanings:
“Processing”, “Data controller” and “Data processor” shall have the meaning given to the terms “Processing”, “Controller” and “Processor” respectively in Article 4 of regulation (EU) 2016/679 (the General Data Protection Regulation).
“Personal data” shall have the meaning given to the term “Personal data” in Article 4 of regulation (EU) 2016/679 (the General Data Protection Regulation) and means all such personal data that is provided to the data processor by the data controller as described in section 3 of this agreement.
“Services” means those services or facilities described in clause 3.2
1.2 Words imparting the singular number shall include the plural and vice versa
2.1 This agreement shall continue in force indefinitely, subject to termination in accordance with section 8 or any other provision of this agreement.
2.2 This agreement is supplemental to any other separate agreement entered into between the parties and introduces further contractual provisions to ensure the protection and security of data passed from the data controller to the data processor for processing.
2.3 If there is a conflict between this agreement and any other agreement entered into between the parties, then this agreement shall take precedence.
2.4 Any breach of this agreement shall be deemed a breach of any other agreement entered into between the parties.
3.1 By virtue of these clauses, the data processor is entitled to processing of personal data on behalf of the data controller.
3.2 The data processor shall provide any or all of the following services to the data controller:
– Transmission of network data to and from subscribed company services and/or products
– Maintenance and upkeep of company network and subscribed services and/or products
3.3 The data controller shall provide the data processor with personal data concerning the following categories of data subjects:
– Business to Consumer
– Business to Business
3.4 The data controller shall provide the data processor with the following types of personal data:
– Name (company and primary contact)
– Email Address
– Company details (if applicable)
– Payment Details
4.1 The data processor shall:
4.2 Process personal data only for the purpose which is the subject-matter of this agreement. In no event shall it use this personal data for its own purposes.
4.3 Process personal data only in accordance with the instructions of the data controller, including with regards to any transfer of data to third countries or international organisations unless required to do so by Union or Member State law to which the data processor is subject; in such a case, the data processor shall inform the data controller of that legal requirement before processing, unless that law prohibits such information on important grounds of public interest.
4.4 Implement appropriate technical and organisational measures that shall provide:
4.4.1 The ability to ensure the ongoing confidentiality, integrity, availability and resilience of processing systems and services,
4.4.2 the ability to restore the availability and access to personal data in a timely manner in the event of a physical or technical incident,
4.4.3 A process for regularly testing, assessing and evaluating the effectiveness of technical and organisational measures for ensuring the security of the processing.
4.5 Ensure that the security of data is backed up by robust policies and procedures and reliable, well-trained staff; that each of its employees, agents or subcontractors are made aware of its obligations with regard to the confidentiality, integrity and availability of the data and shall require that they enter into binding obligations with the data processor in order to maintain the levels of security and protection provided for in this agreement.
4.6 Not divulge the personal data whether directly or indirectly to any third party without the express written consent of the data controller.
4.7 Not engage a sub-processor without prior specific or general written authorisation of the data controller. In the case of general written authorisation, the data processor shall inform the data controller of any intended changes concerning the addition or replacement of other sub-processors, thereby giving the data controller the opportunity to object to such changes.
4.8 Ensure where the data processor engages a sub-processor for carrying out specific processing activities on behalf of the data controller, the same data protection obligations as set out in section 4 “Obligations of the Data Processor” shall be imposed on that sub-processor by way of a contract or other legal act under Union or Member State law, in particular providing sufficient guarantees to implement appropriate technical and organisational measures in such a manner that the processing will meet the requirements pursuant to Article 32 of the General Data Protection Regulation.
4.9 Assist the data controller by technical and organisational measures, insofar as this is possible, for the fulfilment of the data controller’s obligation to respond to requests for exercising the data subject’s rights laid down in Chapter III of the General Data Protection Regulation.
4.10 Assist the data controller in ensuring compliance with the obligations pursuant to Articles 32 through 36 of the General Data Protection Regulation.
4.11 Make available to the data controller all information necessary to demonstrate compliance with the obligations laid down in Section 4 of this agreement and allow for and contribute to audits, including inspections, conducted by the data controller or another auditor mandated by the data controller;
4.12 With regards to section 3. (j) of this Agreement, the processor shall immediately inform the controller if, in its opinion, an instruction infringes the General Data Protection Regulations or any other Union or Member State data protection provision.
4.13 Engage only in lawful processing activities.
OBLIGATIONS OF THE DATA CONTROLLER
5.1 The data controller represents and warrants that it shall comply with the terms of this agreement and all applicable data protection laws.
5.2 The data controller represents and warrants that it has obtained any and all necessary authorisation to provide the personal data to the data processor.
5.3 The data controller shall ensure that all affiliates of the data controller who use the services shall comply with the obligations of the data controller set out in this agreement.
5.4 The data controller shall implement appropriate technical and organisational measures that shall provide:
5.4.1 The ability to ensure the ongoing confidentiality, integrity, availability and resilience of processing systems and services,
5.4.2 the ability to restore the availability and access to personal data in a timely manner in the event of a physical or technical incident,
5.4.3 A process for regularly testing, assessing and evaluating the effectiveness of technical and organisational measures for ensuring the security of the processing.
5.5 The controller shall take steps to ensure any natural person acting under the authority of the data controller who have access to the personal data only processes the personal data on documented instructions of the data controller.
5.6 The data controller shall provide the data processor with the data to which section 3 of this agreement refers.
6.1 The controller hereby authorises the data processor to make the following transfers of the personal data:
6.1.1 The data processor may transfer the personal data internally to its own members of staff, offices and facilities
6.1.2 The data processor may transfer the personal data to its sub-processors provided that such transfers are for the purposes of providing the services.
6.1.3 The data processor may transfer the personal data to third countries or international organisations acting as sub-processors provided that such transfers comply with chapter 5 of the General Data Protection Regulation.
7.1 The data controller shall be liable for and shall indemnify the data processor in respect of any and all action, proceeding, liability, cost, claim, loss or expense suffered or incurred by, awarded against, or agreed to be paid by, the data processor and any sub-processor arsing directly or in connection with:
7.1.1 any non-compliance by the data controller with the General Data Protection Regulation or any other applicable legislation.
7.1.2 any processing carried out in accordance with instructions given by the data controller that infringe the General Data Protection Regulation or any other applicable legislation; or
7.1.3 any breach by the data controller of its obligations under this agreement,
7.2 The data processor shall be liable for the damage caused by processing only where it has acted outside or contrary to the provisions set out in this agreement.
7.3 Where the data processor engages a sub-processor for carrying out processing activities on behalf of the data controller and where that other processor fails to fulfil its data protection obligations, the data processor shall remain fully liable to the data controller for the performance of that sub-processors obligations.
7.4 The data controller shall not be entitled to claim back from the data processor or sub-processor any sums paid by the data controller in respect of any damages to the extent that the data controller is liable to indemnify the data processor under clause 7.1
8.1 At the choice of the data controller and upon having given 30 days prior electronic (ticket based and/or email) notice to the data processor, the data processor shall, upon written instruction from the data controller, delete or return all data to the data controller after the end of the provision of services relating to processing, and delete existing copies unless law requires storage of the data.
8.2 The data processor may terminate this agreement upon giving 30 days prior electronic (ticket based and/or email) notice to the data controller. Upon giving written notice of termination to the data controller, the data processor shall return any data received from the data controller to the data controller forthwith.
8.3 Notwithstanding termination the provisions of section 4 shall survive the termination of this agreement and shall continue in full force and effect until all data is returned to the data controller.
9.1 This agreement shall not be transferred or assigned by either party except with the prior written consent of the other.
10.1 This agreement (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by and construed in accordance with the law of land of data centre from which services are being offered to the user and Haryana, India and any dispute, proceedings or claim between the parties relating to this agreement shall submit to the exclusive jurisdiction of those courts.
Each of the parties hereto has caused the agreement to be executed by its duly authorised representative upon acceptance of HostRockers’s digital contracts (including firm quotations) and/or payment on website order checkout.