Public Cloud Terms & Conditions

Terms of Service Agreement for ACE Public Cloud

Welcome to ACE. We’re happy you’re here, and we hope you enjoy everything we have to offer.

These terms of use govern your use of ACE Sites, Services and Products. In these terms, the word “Sites” refers to ACE websites and the services offered on the ACE Site. This document is a legally binding agreement between you as a user of the ACE Cloud (referred to as “your” or “you” hereinafter) and the relevant ACE Cloud entity (referred to as “we”, “our” or “ACE Cloud” hereinafter). By using the ACE Cloud Services, and Product Services (as defined below), you acknowledge and agree that you have read, understood, and agreed to be bound by the terms, as defined below.

The use of ACE products or services are provided by ACE pursuant through a manually or digitally-executed agreement.

  1. Application and Acceptance of the terms

    1. Your use of the ACE Cloud (“Services”) or additional products and services (“Product Services”), will be referred collectively as “Services” hereinafter, is dependent on their terms and conditions provided, as well as those in the following (collectively, the “terms”):
      1. ACE Cloud Product terms of Service
      2. ACE Cloud Membership Agreement
      3. Privacy Policy
      4. Any other web page or service agreements and policies as agreed and published on the ACE Cloud Platform occasionally
    2. By accessing the ACE Cloud or by utilizing the Services, you agree to be bound by the terms and accept that ACE Cloud may modify any terms at any moment by posting the corresponding modified and restated terms on the ACE Cloud Services.
    3. If there is any friction or inconsistency between the terms and the Agreements, the Agreements shall outweigh the terms only in conjunction with the portion of the Services. Thereon, you may need to enter into a different agreement or concur to any other terms and conditions, be it online or offline, with ACE Cloud Services, its associates, or third parties for the ACE Cloud Services.
    4. ACE Cloud Services hereby have the right to allot any portion of the terms (including any of the rights, benefits, titles, obligations, and interests and duties in this Agreement’s terms) to any individual or entity. ACE can make replacement of the terms or any part, and you hereby unconditionally agree and consent to any such changes, when notified about it.
    5. In conjunction with any other terms and conditions of Agreement with ACE, these Product terms will be applied upon purchasing ACE public cloud Services.
    6. Additional Defined terms
      1. Our expert professionals will be available to support you on phone and chat 24*7*365.
      2. Any further level of support offered by ACE for the particular Services is reported in these Product terms or Service Order.
  2. Public Cloud Services

    1. You accept that ACE might establish new methods for use of the Services, as ACE finds necessary for the ideal performance of the Services.Your utilisation of any service from the ACE website is managed by its terms and conditions embedded in the code with the file name “COPYING” or “LICENSE” and the terms of the Agreement.
    2. You accept that ACE may set up new procedures for use of the Services as ACE finds necessary for the ideal performance of the Services. You agree that ACE may transfer the Configuration or the data within or among the data centers, if ACE finds doing so is necessary to fix service degradation or shared resource limitations for the ideal performance of the Services. If such data transfer will impact your data present in a data center in another country, ACE will give proper advance notice of at least 30 days.
    3. Your use of public cloud services has the ability to provide additional Services and you accept that such provisioning comprises acceptance of the terms for ACE purchase of conducts. ACE’s provisioning of the Services mentioned in such purchase shall constitute ACE’s approval of the Service Order. Unless your purchased Services is meant for an introductory, free, student, developer, or pro bono profile approved by ACE (“Account Exceptions”), you may only utilise the Service for enterprise purposes. The person who submits a request for Service permits and ensures that they are representing a business, company or other legal institution and not as a buyer unless the account exceptions apply. If the person ordering is a client, and not otherwise subject to the account exceptions, ACE may drop the Service order and terminate the Services and the Agreement at any time in its sole discretion.
    4. How Cloud Products are administered:Administrators: Specify certain End Users as Administrators, who will have administrator rights over use of Cloud Products.Reseller as Administrator: If you order cloud products through a Reseller, then you are responsible for determining whether Reseller may serve as an Administrator.Age Requirement for End Users: The Cloud products are not intended for, and should not be used by, anyone under the age of 16.
  3. Service Level Agreement

    1. Cloud SLAs:The Service Level Agreement(s) are all described in the Agreement file, as provided in the Services mentioned in Service Order (“Cloud SLAs”).
    2. Cloud Support SLA:If you buy the Service, then the Cloud Support SLA applies to your utilization of the Services.
    3. Limitations on Credits:The following limitations apply to all Cloud SLAs:
      1. Maintenance: No credit is granted to you under any Service Level Agreement for downtime or interruption as a result of Maintenance.
        1. ACE maintenance windows: During repairs or modifications of shared infrastructure, like core routing or switching infrastructure, ACE gives a notice at least before 72 hours, that happens during off-peak hours in the time zone where the data center is located.
        2. Schedule your maintenance: ACE maintains your configuration in advance of your request (either based on standing instruction or on a case by case basis), such as software or hardware upgrades.
        3. Emergency maintenance: For the security and performance of configuration of ACE network, you may require critical maintenance due to an unforeseen issue.
        4. Routine Optimization: ACE may, with advance notice of 24 hours, conduct reboot-migration of their virtual machines if it has failed three consecutive times to live-migrate your virtual machine.
      2. Limitations: You aren’t granted any credit, if you failed to meet the SLA which is a result of denying service attacks, attempts to hack, viruses or malware. Any change which you request, results in outages with ACE’s ability to provide the Services, deficiencies, bugs, or inaccuracies in your application, operating system, or any patches supplied by the vendor.
      3. Requests: In the ACE portal, you must submit a support token to request a credit within 30 days after the event occurred giving rise to the credit. The credit will be applied in the next billing cycle if the claim is approved. You must present the Service to which the necessary SLA applies was unfavorably affected due to outage or downtime to be eligible for the credit. To determine whether a credit is due, time periods will be calculated from the timestamp created by ACE’s ticket system, the time at which interference is found in ACE’s monitoring system, from thereon, the affected system will be turned on until network availability is restored‌. You may create a support ticket to note the beginning time for a support request or other event, or if you approach ACE by phone for support, ACE will open a ticket. If you call ACE, there could be some delay between the time of the call and the time ACE opens a ticket.
  4. Term and Renewal

    1. Term:The Initial Term for every Service Order launches on the date that ACE makes the services accessible to you and carries on for the time period mentioned in the Service Order. If no period is stated in the Service Order, then the initial Term will be for a month. Upon completion of the Initial Term, the Service Order shall renew automatically for the following Renewal Term of use, except one of us notifies the other by writing prior to the completion of the ongoing term.
    2. Non-renewal Process:You shall proceed with ACE’s non-renewal process which states that prior to the effective termination date, you are accountable for taking backup. You will not be able to utilise the Services after the effective termination date. To avoid any doubt on these Cloud terms of Service, factoring out the Service Level Agreement, will continue to exert your non-renewal notices until the effective termination date:
      1. You will not be able to view your information stored on the Services during termination or following termination or suspension.
      2. You agree that if you cancel the Services or instances, the information stored thereon can no longer be recovered.
      3. Additional charges may be applicable to you in Cloud Commitment or similar arrangements.
  5. Fees

    1. For information regarding fees and pricing for services, look over the pricing that may vary from time to time.
    2. You accept to pay the due fees for the Services according to the Service order. ACE will charge you monthly, with invoice, as of when ACE makes the service available to you for the first time. Fees are mentioned and will be billed as per currency in the Service Order unless mentioned otherwise. Any credit that ACE may owe you, such as a credit for failure to meet a Service Level Agreement, shall be applied to Fees due from your Services, and shall not be paid to you as a refund. You can request ACE for a credit report at any time during the term of the Agreement.
    3. ACE may update the pricing and fees for Services in Section 5.1 at any time.
  6. Resale

    You can resell Services, except the ones stated in the Agreement or as restricted within ACE. You are held responsible for use of all services by a third party to the same extent as if you were using Services themselves.

  7. Data Privacy

    You can access personal data or sensitive data used to identify individuals. Likewise, you require end users to implement technical and organizational measures needed by applicable laws in relation to the nature of personal data accumulated on your Configuration. You are responsible for dispensing necessary notices to individuals and obtaining legally required consent from individuals in relation to ACE’s provision of any Services to your processing of any Personal Data. The way in which ACE can help you to meet your obligations under appropriate data protection or privacy law.

  8. Data Backup

    You ensure and agree to maintain no less than one additional current duplicate of your data someplace other than ACE public cloud Services. Although, the Service can be used as a backup service. If you use ACE cloud backup services, then you are held responsible for testing and performing restores, and also, testing and monitoring the uprightness of your Data and systems. You can make a choice to design a backup or snapshot of your cloud servers or databases, however, it is your superintend to take the snapshot or backup and test them to examine their quality.

  9. Suspension of Services

    ACE reasonably believes that suspension of Services is obligatory to protect the ACE network. ACE is implored by a regulatory or law or government body to suspend your Services and may suspend Services without liability if:

    1. You fail to pay ACE due payment, regardless of whether such failure was your fault or third party.
    2. You initiate chargeback.
    3. You are not cooperating with ACE’s reasonable investigation of any Agreement suspected violation.
    4. Attack on your configuration which is manipulated or accessed by a third party without your consent.

    ACE shall grant you advance notice of a suspension under this Section 9 of minimum 12 Business Hours, until and unless ACE calculates reasonable commercial judgment. The suspension on shorter or contemporaneous notice is to protect ACE from imminent and notable operational, legal, or security risk. If in case your Configuration is compromised, then you should address the vulnerability, before ACE places your Configuration back in service. ACE may be able to perform this work for you at ACE’s standard hourly or monthly rates as a Service. If suspension is dependent on your obligations, and you breach under the Agreement, ACE continues to charge you Fees for Services during suspension, and may charge reasonable restoration fee upon reinstatement of Services.

  10. Services Management Agent

    You permit that ACE may install service management agents on your configuration for providing the Services and identifying security vulnerabilities. ACE agrees that agents shall use only a minimal amount of computing resources (except as otherwise necessary for the provision of the Services) and ACE shall not otherwise use the agents to view or capture your data. The Services shall become unsupported Services if in case you interfere or disable ACE’s services management software agent(s).

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