Policy Governing Database Hosting Service

This Policy Governs All Aspects of Database Hosting Service Provided by ENBRAUN

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. Fee

2.1. Database hosting service is provided in exchange of annual hosting fee applicable at the time when client takes hosting decision. For information on latest hosting fee, kindly contact your account manager or email us on ers@enbraun.com.

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.