Terms of Service

Pando servers provides cloud platform and configuration services, including but not limited to smart dedicated servers and VPS servers.

We provide these Services, subject to the terms of this document (“Terms”). Your use of the Services or your registration with us constitutes your agreement to these Terms. If you purchase our Services through a separate written agreement/master services agreement, these Terms shall be deemed to be incorporated into that agreement, whether it is specifically called out or not. When you access or use our Website and/or the Services, these Terms shall apply and shall be legally binding on you and to your access and use of the same even if not accepted by you separately.

These Terms constitute a binding legal contract required to use our Website and Services. As such, you may only use our Website and Services if you agree to be bound by these Terms. We may modify these Terms at any time by posting a revised version of the same at https://pandoservers.com/terms-of-service.html,  on our website (“Website”), and the amended version of these Terms shall become automatically binding on you if you continue to avail of the Services. The amended terms will be applicable even if not accepted by you separately. If you do not wish to be bound by the updated Terms, we request you to stop accessing the Website and the Services and to reach out to us to deactivate your Customer Account. You shall have the responsibility to review these Terms on a regular basis.

Use Of The Services

a.By availing the Services, you are required to comply with these Terms and all other operating rules, policies and procedures that may be published from time to time on the Website, including but not limited to the Privacy Policy, SLA and Refund Policy (“Company Policies”).

b. When you register for our Services with us, you may be required to provide us with some information about yourself, such as your name, email address, and a valid form of payment, and you may also provide other information about yourself on a voluntary basis. The collection of such account-related information, and our use and disclosure thereof, is subject to the terms of our Privacy Policy.

c. We may make commercially reasonable updates to the Services and the Company Policies from time to time.

d. We may, in our sole discretion, refuse to provide or continue providing the Website and Services to you at any time, for any reason, including but not limited to your failure to comply with these Terms. We reserve the right to deactivate, terminate, prevent access to, disable services for, and/or delete any customer accounts or access to the Website and Services at any time, at our sole discretion.

Rules of Conduct

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Third Party Services

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Payments and Billing

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Privacy Policy

We provides cloud platform and configuration services, to its customers (“Customer(s)”, “you”, “your”), and such use of the Services by the Customers shall be governed by online terms of service available at link https://pandoservers.com/terms-of-service.html, executed between Pando servers and the Customer. This refund policy describes the cases in which a refund may be due to the Customer and sets out the terms governing such refund. Your use of the Services or your registration with us for availing the Services, constitutes your agreement to this Policy. We may modify this Policy at any time by posting a revised version of the same on our  website and the amended version of this Policy shall become automatically binding on you, if you continue to avail of the Services.

1. DEFINITIONS

“Personal Information” means any information that relates to a natural person, which either directly or indirectly, in combination with other information available or likely to be available with a body corporate, is capable of identifying such person. It includes any information or an opinion from which you are reasonably identifiable, such as your name; Customer Account information like username and password; email address; contact number and complete address. We describe the Personal Information that we collect in more detail in Section 2 below.

“Non-Personal Information” is information that is related to you but does not personally identify you. Non-personal Information includes information that has been modified by aggregating, anonymizing or de-identifying such information in order to remove or hide any Personal Information.

2. THE TYPES OF INFORMATION WE COLLECT

a) Personal Information: This includes the contact information of customers and sub-users added to the Customer Account and accessing the Services, and such information includes the name, company name, job title, mobile numbers, postal addresses, email addresses, or other addresses at which communications are received by such customer/sub-user, as the case may be, from or on behalf of Pando servers (such information being referred to as “Contact Information”). If you choose to refer anyone to our Services, we may also collect such person’s email address so that we may send them a referral or promotional code to sign up for our Services.
When you are expressing an interest in obtaining additional information about the Services or signing up to use the Services, Pando servers requires that you provide Contact Information (“Required Contact Information”). However, Personal Information does not include aggregated information that, by itself, does not permit the identification of individuals and does not include information collected by automated means (described below).

b) Transactional Information: This includes information about the Services you use, and how you interact with us and the Services (for example through email, customer portal or phone).

c) Billing Information: Pandserver collects your billing information like customer name, GSTIN, PAN, address, bank details, TDS certificate etc. for the purpose of providing the Services. In order to purchase our Services, you are required to make payment for such Services. While making payment, we redirect you to our third party payment gateway and at such a third party payment gateway your billing details such as billing name and address, and a credit card number, including card security number and credit card date of expiration (“Billing Information”) may be collected by such third party payment gateway. You agree and acknowledge that your submission of Billing Information on the third party payment gateway will be governed by the terms of such third party payment gateway’s privacy policy and terms of use.

d) Optional Information: Where the customer is a business entity, this includes the business entity’s annual revenues, number of employees, industry or similar information that helps us tailor our Services. Please note, that Optional Information is information that you do not have to provide us unless it is agreed upon between us.

e) Information Collected by Automated Means: This includes information that Pando servers collects through commonly used information-gathering tools, such as cookies and web beacons. Such information includes standard information from your web browser (such as browser type and browser language), your Internet Protocol (“IP”) address, and your activities on the Website (such as the web pages viewed and the links clicked, number of visits, access time, device ID or other unique identifier, domain name, screen views, language information, device name and model, and operating system type), the URL of the site from which you came and the site to which you are going when you leave the Website, your computer operating system, and mobile device operating system (if you are accessing the Website using a mobile device). Information collected by automated means also includes information that we may collect about: your use of certain Service features; the functionality of the Services; when you click on ads; your participation in research initiatives like surveys about our Services. While Pando servers does not monitor or view the specific data stored by its customers who are using the Services, it is necessary for Pando servers to track various parameters of transferred data (file size, etc.) to support features including, but not limited to, bandwidth monitoring and storage usage. Pando servers treats such information as Non-Personal Information and it will be subject to the Terms and conditions agreed to by the Customer or applicable master services agreement (“MSA”) or non-disclosure agreement (“NDA”), if any, executed with the respective customer.

f) Sensitive Information: We will not intentionally collect or maintain, and do not want you to provide, any information regarding your medical or health condition, race or ethnic origin, political opinions, religious or philosophical beliefs or other sensitive personal information.

3. HOW WE USE YOUR INFORMATION

Unless otherwise stated herein, we use your Information for providing you the Services that you have requested from us, as described below:

a) To contact you. We use your Contact Information to get in touch with you. Here are some examples of reasons why we might contact you : to communicate with you about your orders or the Services you use; conduct surveys; send you announcements about the Services; notify you about our upcoming events; administer surveys, sweepstakes, contests, or other promotional activities or events sponsored by us or our business partners;

b) For marketing purposes. We use your Contact Information to recommend products and services that might be of interest to you, to send you marketing and advertising messages such as newsletters, announcements, or special offers or to notify you about our upcoming events. Providing you with marketing communications is not essential for us to provide the Services to you; thus, you may opt-out from receiving such communications as described in Section 7 below. Your decision to opt-out from our marketing communications will not affect your ability to continue receiving the Services from us.

c) To provide the Services to you. We need the Required Contact Information, Transactional Information, and Billing Information to: process orders (including payments) for our Services; provide the Services to you; provide access to secure areas of our websites; create and maintain your account, and control access to it.

d) To measure interest in the Website and advertisements. We need Information collected via automated means to: measure interest in the Website and Pando servers advertisements; develop our web pages and marketing plans; customize and improve the content you view when you visit the Website; suggest products and services that you may be interested in purchasing; personalize the online ads we present to you based on your prior web visits or ads viewed; and enable us to review develop and continually improve the Services and offers we provide. Collecting this information is not essential for the maintenance or existence of the legal relationship we may have with you at a certain point.

e) To enable third parties to provide services to us. We may need to provide your Required Contact Information to third parties so that they may carry out technical, logistical or other functions on our behalf. This disclosure of your Contact Information will be subject to the terms of Section 6 below. We also engage third-parties to provide us with reports about the usage and browsing patterns of the Website. Such third parties track and analyze such information with respect to visitors to the Website.

f) We may also use your Personal Information in other ways as more particularly described in our Terms , MSA or NDA (as applicable) and the Company Policies (as defined in the Terms, MSA or NDA) between the customer and Pando servers. Any Personal Information you provide when you sign up for the Services may be used by us as we describe in the Terms, MSA or NDA, as applicable, between us, the Company Policies and as described in this Privacy Policy. To assist us with the uses described in this paragraph, the Information that we or our service providers have collected from or about you (for example, through the Website, or Pando servers e-mail communications with you) may be combined with or enhanced by other information about you that we have obtained from you or from other sources, including from our service providers or business partners.

g) To protect our business. We use Information we collect to prevent or detect fraud or abuses of the Website and the Services, and to identify and protect our business from fraudulent transactions.

h) To manage our everyday business needs, such as to: administer and manage our business; train our employees; help promote compliance with the Terms/MSA/NDA (as applicable) and the Company Policies; allow you to apply for a job with Pando servers; carry out research and development to improve the Services; carry out other purposes that are disclosed to you and to which you consent; or to comply with applicable law.

i) Other. If you purchase our Services via one of our online tools, we will use the information that you provide during the online sign-up process to establish your Customer Account. Information you submit through on-line chat, email, and web form is archived and may be tied to information that we collect about your web visits. Your telephone call or a web conference may be recorded for training purposes and we may enter information you provide via telephone, or other means of communication, into our systems and use it for the purposes described in this section.

4. DISCLOSURE OF PERSONAL INFORMATION

Except for the limited circumstances described in this Privacy Policy or the applicable Terms/MSA/NDA and/or the Company Policies, the Personal Information we gather is for internal use only and we will not authorize the release of this information to anyone outside of Pando Servers unless you have consented to such disclosure. When we need to provide your Personal Information to third parties, we will only share it to the extent reasonably necessary for providing the Services or improving the customer experience while availing the Services. We may also share your Personal Information as required or permitted by applicable law in the manner set out in the applicable Terms/MSA/NDA and as described below.

Please note that the parties to whom we disclose your Personal Information may be located in another country. Some of the countries in which these parties are located may not have the same or substantially similar privacy laws as those applicable to your own jurisdiction. Your Personal Information will only be transferred to other third parties as permitted by applicable law in a country where Pando servers operates and as described in this section.

a) Disclosure to our Service Providers and third-party business Partners: We may disclose, to the extent necessary for the provision of Services, your Personal Information to our third party service providers and channel partners. Please be aware that our third party service providers and channel partners may be located in a different country than you, so your Personal Information may be transferred outside your country. We require that our third party service providers and channel partners agree to keep confidential all information we share with them and to use the information only to perform their obligations in the agreements we have in place with them. These third party service providers and channel partners are expected to maintain privacy and security protections that are consistent with Pando Server’s privacy and information security policies. While we provide these third parties with no more information than is necessary to perform the function for which we engaged them, any information that you provide to these third parties independently is subject to their respective privacy policies and practices.

b) Disclosure to Others: Should you breach any of the Terms/MSA/NDA or Company Policies or if we are under a duty to disclose or share your Personal Information in order to comply with any obligation imposed by applicable law, we may disclose your Personal Information to the relevant government authority. We may need to release your Personal Information that we collect to third parties when we believe it is required to comply with applicable law, to enforce our legal rights, to protect the rights, safety or property of our business and others, or to assist with industry efforts to control fraud, spam or other undesirable conduct and as needed to support auditing, compliance, and corporate governance functions. Additionally, we will provide your Information to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other
disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings).

c) Disclosure when we have your consent: We may also disclose your Personal Information and other information, for any other purpose disclosed by us from time to time when you provide such Personal information, as otherwise required or permitted by applicable law, and/or with your express consent. Any such purposes may involve the transfer of your Personal Information across country borders. We may disclose Non-Personal Information that does not identify any individual or company (e.g., anonymous, aggregated data) without restriction. For example, we may provide our advertisers or other third parties with reports that contain aggregated and statistical data about our users.

d) Disclosure to your Referrer: If you sign up for our Services through a referral, we may share information with your referrer to let them know that you used their referral to sign up for our Services

5. SECURITY OF YOUR INFORMATION

a) The measures we take. We are committed to industry best practice standards when it comes to preventing loss, misuse, alteration, unauthorised access, or unlawful or unnecessary processing of the Information we collect as described in Section 3 of this Privacy Policy. For example, we:

  • (a) make use of encryption technology as required;
  • (b) use appropriate network access control technology to limit access to the systems on which Pando Servers collected Information is stored; and
  • (c) monitor for possible vulnerabilities and attacks on our servers.

Unfortunately, we cannot guarantee that the technical, physical and organisational measures we take will prevent every security threat nor can we guarantee that your Information will not be improperly accessed, used, altered or destroyed. We will notify you if we discover there has been a material breach of security, which resulted in an unauthorized disclosure of your Personal Information.

b) The steps you should take. To help maintain the security of information you provide to Pando Servers or you store on Pando Server’s hosted systems, please follow these rules:

  • a) Keep your passwords private.
  • b) If you’re already a customer, remember that you’re responsible for making sure no unauthorised person has access to your passwords and account details. You should promptly notify us if you need to deactivate your login or change your password. You should also implement appropriate security measures for the data you store on the hosted system.
  • c) Remember, when you use online tools such as our forums, community sites or social networking sites, the content you upload to them will be public. If you don’t want the content you upload to be seen by the rest of the world, please don’t post it!

6. DATA INTEGRITY AND RIGHT TO ACCESS YOUR PERSONAL INFORMATION

Personal Information we collect is relevant for the purposes for which it is to be used. Pando Servers takes reasonable steps to help ensure that data is reliable for its intended use, accurate, complete, and current.

We will retain your Information for as long as reasonably needed to provide you the Services or to fulfil the purpose for which the Information was originally collected as set out in this Privacy Policy.

As noted in Section 7 above, you have the rights to access, correct and request deletion of your own Personal Information in accordance with applicable law. You are also entitled to oppose certain data processing practices or to revoke consent previously granted, to the extent permitted by applicable law. In order to exercise such rights please log in to the applicable Pando Servers control panel to submit a customer support ticket or contact us to the contact data set forth below. When we receive such request, we may inform you of: (i) the information that you or your legal representative will be asked to provide (if any) and documents that you may need to enclose with your request; (ii) timeframes to receive a response from us regarding any request; (iii) forms and templates available for submitting the request (if any) and; (iv) how we will deliver your Information to you (which usually would be copies of documents or data messages). Please note that some requests may be subject to a reasonable fee.

7. VERIFICATION

Pando Servers utilizes the self-assessment approach to assure its compliance with its Privacy Policy. We regularly verifies that the Privacy Policy is accurate, comprehensive, prominently displayed, completely implemented and in conformity with applicable laws and regulations and conducts its self-assessment on an annual basis to ensure that all relevant privacy practices are being followed. Appropriate employee training is in place and internal procedures for periodically conducting objective reviews of compliance are in place.

8. CUSTOMER DATA – PERSONAL INFORMATION OF OUR CUSTOMERS’ CLIENTS

If you believe you have provided your Personal Information to somebody who hosts your Personal Information with us, then this section applies to you! Our customers use the Services to host, transmit or process data on our hosted systems, which may include your Personal Information (“Customer Data”). In these situations, it is our customers rather than us who decide the reasons for which the Customer Data is collected and otherwise processed. Pando Servers will not review, share, distribute, nor reference any such Customer Data except as provided in the Terms/MSA/NDA, or as may be required by applicable law. See the applicable Terms/MSA/NDA governing your access to your Customer Account for more information about how we handle your Customer Data.

Nothing contained in this Privacy Policy shall be construed to alter specific terms and conditions applicable to the Services. Our customers remain responsible for Personal Information that they collect and process and for compliance with applicable data protection laws.

Our customers are responsible for maintaining the security and confidentiality of their accounts and access to the hosted systems, and encrypting any Personal Information they store on or transmit to/from our hosted system.

For details of how the Customer Data will be used and protected, and details of how to access or correct it, please refer to the Privacy Policy of the relevant customer to which you submitted your Personal Information.

9. PRIVACY PRACTICES OF THIRD PARTIES

This Privacy Policy only addresses the use and disclosure of Personal Information that’s collected via the Website and the Services.

In the course of our interactions with you, we may provide you with links to third-party websites for your convenience and information. The privacy practices of those sites may differ from our own practices and are not controlled by us nor covered by this Privacy Policy. We do not make any representations about third-party websites. We encourage you to review their privacy policies before submitting your Personal Information to such third-party websites.