Policy Governing Database Hosting Service
1. Scope of Service
1.1. ENBRAUN will host client’s eResource Scheduler production database on its web server. eResource Scheduler application installed on client’s user PCs will connect to database (direct SQL connection) from any location around the globe via internet connection. This facilitates running eResource Scheduler in collaborative environment and allows real-time sharing of data between users irrespective of their geographic location.
1.2. Hosting cycle is for 365 days from the date ENBRAUN creates / restores production database on its web server. If client holds annual licenses, then license expiry date cannot be less than expiry date of hosting cycle. If clients with annual licenses opt for database hosting in the middle of their license term, then ENBRAUN will include license renewal fee (on pro rata basis) in hosting invoice, so that license expiry date is same as last date of hosting cycle. If client holds permanent licenses, then their AMC (annual maintenance) expiry date cannot be less than expiry date of hosting cycle. If clients with permanent licenses opt for database hosting in the middle of their AMC term, then ENBRAUN will include AMC renewal fee (on pro rata basis) in hosting invoice, so that AMC expiry date is same as last date of hosting cycle.
1.3. ENBRAUN will take weekly backup of client’s database.
1.4. ENBRAUN will keep copy of latest 4 backups during the entire hosting cycle.
1.5. Upon receiving written / email request of client, ENBRAUN will e-mail a copy of latest backup (or one of the last 4 backups, as requested) to the client.
1.6. Upon receiving written / email request of client, ENBRAUN will restore latest database backup on the production database. Client should specify if they want to restore the latest backup or any particular backup from any of the previous 4 backups.
1.7. First restoration request during annual hosting cycle will be completed without any cost to the client. Subsequent restoration request will be chargeable as per the fee mentioned in 'Fee' section of this policy.
1.8. ENBRAUN will monitor and ensure that enough server resources are available for optimum query processing & functioning of client’s database on its web server.
1.9. ENBRAUN will run / execute database update script as and when required.
1.10. ENBRAUN is responsible for server side configuration to facilitate direct sql connection via internet between ‘eResource Scheduler’ application installed on client’s user PCs and their database hosted on ENBRAUN’s web server.
1.11. ENBRAUN will store last 4 backups of database for a period of 3 months after the hosting service is cancelled / not renewed. Upon expiry of 3 months, database backups will be deleted and cannot be recovered.
1.12. System performance may be effected due to several factors including but not limited to internet speed at client’s end. ENBRAUN does not make any assurances whatsoever about system performance and encourage clients to test system performance at their end by requesting trial using database hosted on ENBRAUN’s web server.
1.13. ENBRAUN will suggest but is NOT responsible for any settings / configuration that may be required in client’s firewall / network to allow ‘eResource Scheduler’ application installed on Client’s user PCs to establish direct SQL connection via internet to database hosted on ENBRAUN’s web server.
2.2. Database hosting fee is chargeable annually in advance.
2.3. ENBRAUN reserves the right to revise database hosting fee from time to time, but any such change will not affect clients that are already using database hosting service until the end of their hosting cycle.
2.4. Database hosting can be renewed by paying annual hosting fee applicable at the time of renewal.
2.5. ENBRAUN will email renewal notice to client 4 – 3 weeks prior to completion of 365 day hosting period along with a renewal invoice. To ensure uninterrupted service, client should pay the renewal invoice before the expiry of hosting cycle.
2.6. Annual hosting fee is subject to minimum annual increase of 5% per year (CPI adjustment).
2.7. First restoration request during annual hosting cycle will be completed without any cost to the client. Subsequent restoration request will be chargeable at USD 100 for every successful restoration. ENBRAUN will inform client of this charge prior to restoring backup and will invoice the client after successful restoration of database. Such invoice is payable within 15 days of invoice date or as mutually agreed by client and ENBRAUN.
3. Confidentiality & Security
3.1. Client’s database / data will not be shared with any third party without explicit written / email permission from client’s representative / point of contact, except where required by applicable law.
3.2. Client’s database will only be managed / serviced by ENBRAUN’s own authorized and trained employees / resources.
3.3. Database backups are stored on a secured drive on our internal server and only authorized employees have access to that drive.
3.4. Client’s database / data is never used for any purpose other than for the purpose of providing database hosting services and carrying our activities defined in ‘Scope of Service’ section.
3.5. To ensure maximum performance, uptime and security, ENBRAUN hires web servers from world class vendors like ‘Rack Space’, Accu Web Hosting’ and ‘Host Gator’. ENBRAUN’s web servers are behind a firewall we use extremely strong passwords for sql connections.
4. Cancellation & Refund
4.1. No refund can be provided if client cancels / stops hosting its database on our web server during any part of hosting cycle.
4.2. If clients cancels hosting service, then ENBRAUN will provide client a copy of latest backup of database at no additional cost.
4.3. ENBRAUN reserves the right to cancel database hosting service of any client during any part of hosting cycle by giving written / email notice 4 weeks prior to cancelling service. In this scenario, ENBRAUN will refund hosting fee to client on pro rata basis based on the remaining hosting cycle. ENBRAUN will also provide client a copy of latest backup of database at no additional cost.
4.4. Upon completion of hosting cycle, client may choose not to renew hosting service. In this scenario ENBRAUN will provide client a copy of latest backup of database at no additional cost.
4.5. Upon completion of hosting cycle, ENBRAUN may choose not to renew / stop providing hosting service to client. ENBRAUN will inform client of such intentions by giving written / email notice 4 weeks prior to hosting cycle completion date. In this scenario, ENBRAUN will provide client a copy of latest backup of database at no additional cost.
4.6. If client fails to pay renewal invoice or communicate any reason for delay until expiry of hosting cycle, then ENBRAUN will presume that clients is not interested in renewing hosting service and will stop hosting client’s database after 15 days of expiry of hosting cycle. In this scenario, ENBRAUN will provide client a copy of latest backup of database at no additional cost.
5. Limited Liability
To the maximum extent permitted by applicable law, in no event shall ENBRAUN be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of data, business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the database hosting service, software product or the provision for failure to provide support services, even if ENBRAUN has been advised of the possibility of such damages. In any case, ENBRAUN’s entire liability under any provision of these terms and conditions shall be limited to the amount actually paid by the client for the hosting service.
6. Governing Law & Jurisdiction
ENBRAUN’s database hosting service is governed by the laws applicable in India. Only Courts at Jaipur, Rajasthan, India will have exclusive jurisdiction to decide dispute(s) if any, which may arise in future between the parties to these presents, irrespective of the place where the cause of action arises.
eResource Scheduler is an off the shelf product, hence we issue production licenses and installation instructions after we receive confirmation from our financial institution that client has paid our invoice and payment has been credited into our account.
Client is required to bear all charges that might incur during the invoice payment process and ensure that the invoiced amount is credited into ENBRAUN’s account.
Payments returned due to 'stop-payment' or 'closed account' or credit card 'charge-back' will be considered fraud, and ENBRAUN may choose to take legal action.
We offer fully functional evaluation / trial version for potential users, so that they can evaluate the application in their environment before making a purchase decision. Therefore, it is assumed that when a client purchases the production / registered version, they are satisfied with features and functionalities of our software program, hence no refund / return request would therefore be requested by the user on such basis.
Kindly opt for fully functional free evaluation before you place your order to make sure that our software program is what you want. When you download our software program, it is considered to be 'Opened'. Opened software cannot be returned for refund, regardless of the delivery method. Also please understand that software, which is considered 'intellectual property", has the unique ability to be copied unlike a physical product, hence we do not accept any refund request.
Because the potential users have the chance (whether or not this service is availed) to 'try before you buy' a fully functional evaluation copy before purchasing, there are no refunds or returns for any reason, whatsoever.
ENBRAUN is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.
ENBRAUN may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from 01/01/2011.
What we do with the information we gather: We require this information to understand your needs and provide you with a better services, and in particular for the following reasons:
Security: We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
We use traffic log cookies to identify which pages are being used. This helps us analyse data about webpage traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.
Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.
You can choose 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. This may prevent you from taking full advantage of the website.
Links to other websites: Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
Controlling your personal information: We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting.
You may request details of personal information which we hold about you. A small fee may be payable. If you would like a copy of the information held on you please write to us. Use the ‘Contact us’ page of this website to get in touch with us.
If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible. We will promptly correct any information found to be incorrect.
Google Analytics: We use google analytics to track user behaviour on this website. We have activated google Display Advertising & use google remarketing with Google Analytics to advertise online. We and third-party vendors, including Google, use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the DoubleClick cookie) together to inform, optimize, and serve ads based on someone's past visits to our website. Visitors can opt-out of Google Analytics for Display Advertising and customize Google Display Network ads using the Ads Preferences Manager.
Disclaimer of Warranty
This software and online service is provided "AS IS", without warranty of any kind.
The entire and exclusive liability and remedy for breach of this limited warranty shall be limited to replacement of defective media or documentation and shall not include or extend to any claim for or right to recover any other damages, including but not limited to, loss of profit, data, or use of the software or special, incidental or consequential damages, or other similar claims, even if the author has been specifically advised of the possibility of such damages. In no event will the author's liability for any damages to the end user or any other person ever exceed the lower of the list price or the actual price paid for the license to use the software, regardless of the form of the claim.
THE AUTHOR (ENBRAUN) SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, REPRESENTATIONS, OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL OTHER IMPLIED TERMS ARE EXCLUDED.
Specifically, the author makes no representation or warranty that the software or documentation are "error- free", or meet any user's particular standards, requirements, or needs. In all events, any implied warranty, representation, condition or other term is limited to the physical media and documentation and is limited to the 90-day duration of the limited warranty. The author is not responsible for, and does not make any representation, warranty, or condition concerning product, media, software, or documentation not manufactured or supplied by the author, such as third-parties' programs that are designed using the author programs or files.
Website Usage Terms and Conditions
The term 'ENBRAUN', ‘eResource Scheduler’, 'eRS Employee Scheduling Software' or 'us' or 'we' refers to the owner of the website. The term 'you' refers to the user or viewer of our website.
The content of the pages of this website is for your general information and use only. It is subject to change without notice.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
All trademarks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
Your use of this website and any dispute arising out of such use of the website is subject to the laws of India.
The information contained in this website is for general information purposes only. The information is provided by ENBRAUN and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
Through this website you are able to link to other websites which are not under the control of ENBRAUN. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
Every effort is made to keep the website up and running smoothly. However, ENBRAUN takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
Governing Law & Jurisdiction
All products and services provided by ENBRAUN are governed by the laws applicable in India. Only Courts at Jaipur, Rajasthan, India will have exclusive jurisdiction to decide dispute(s) if any, which may arise in future between the parties to these presents, irrespective of the place where the cause of action arises.
If any provision of ENBRAUN's policies shall be held by a court to be contrary to law, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect.