Terms & Conditions

1. Acceptance of Terms

These Terms & Conditions ("Terms") govern access to and use of the website www.datenfarmen.com and all colocation, managed services, cloud compute, storage, and connectivity services (together, the "Services") offered by Datenfarmen Center LLP ("Datenfarmen", "we", "us"). By accessing our website, submitting an inquiry, signing an order form, or using any Service, you ("Customer", "you") agree to be bound by these Terms and any service-specific schedules (including a signed Service Order, SLA schedule, or Master Services Agreement) referenced herein. Where a signed agreement conflicts with these Terms, the signed agreement prevails.

2. Definitions

3. Description of Services

Datenfarmen provides: (a) rack, cage, and suite colocation under Plan A (Wholesale/Anchor Tenant), Plan B (Retail Co-Location), and Plan C (Managed Premium); (b) Edge Compute virtual servers (Edge Micro through Edge Scale); (c) Business Cloud Storage tiers; (d) Data & Connectivity plans (1:1 Dedicated ILL, 1:10 Shared, and Pure Data Transfer); and (e) associated utilities such as IPv4 addresses, physical security, and data migration services, each as further described on our Pricing page and incorporated into these Terms by reference. Specifications, features, and pricing are subject to change with notice as described in Section 18.

4. Accounts & Eligibility

You must provide accurate, current, and complete information when requesting or ordering Services and keep such information updated. You are responsible for maintaining the confidentiality of any account credentials, access badges, or API keys issued to you, and for all activities conducted under your account.

5. Pricing, Orders & Payment

• All prices published on our Pricing page are exclusive of applicable taxes (GST and other government levies as applicable) unless stated otherwise.
• Fixed monthly fees, variable power charges (per unit), and metered add-ons (bandwidth, storage, migration) are billed as described in the applicable Order.
• Standard billing cycles are monthly in advance, with variable/usage-based components billed in arrears based on actual consumption.
• A flexible locking period may apply to certain Data & Connectivity and Colocation plans as specified in the Order; early termination within a locked period may incur pro-rata charges.
• Late payments may attract interest and/or suspension of Services after notice, as set out in Section 10.

6. Service Levels (SLA)

Where a Service includes an SLA — for example, our 99.5% network availability commitment on 1:1 Dedicated (ILL) connectivity and Plan C (Managed Premium) colocation — the specific uptime target, measurement methodology, exclusions, and service-credit remedy are set out in the applicable SLA schedule provided with your Order. Services offered on a "best-effort" or "no SLA" basis (for example, Pure Data Transfer and Shared 1:10 connectivity) are provided without an uptime guarantee.

7. Acceptable Use Policy

You agree not to use the Services to: transmit unlawful, defamatory, or infringing content; distribute malware, conduct network attacks, or engage in unauthorized scanning/intrusion of third-party systems; send unsolicited bulk communications (spam); violate the intellectual property or privacy rights of others; or engage in any activity that threatens the security, integrity, or availability of the Facility or other customers' environments. We reserve the right to investigate suspected violations and to suspend affected Services pending resolution, as described in Section 10.

8. Customer Data & Backups

Except where you have purchased a specific backup, disaster recovery, or managed-backup service, you are solely responsible for backing up your Customer Data. Datenfarmen is not liable for loss of Customer Data arising from Customer-managed systems, software, or configurations. You retain all right, title, and interest in your Customer Data; Datenfarmen claims no ownership over it and will not access it except as described in our Privacy Policy.

9. Facility Access & Security

Access to our Facilities is restricted to authorized personnel and pre-registered visitors, subject to identity verification, biometric/badge access control, and applicable safety and escort procedures. Customers accessing colocation space must comply with our facility rules, including restrictions on hazardous materials, equipment weight/power limits, and working-hours notification for on-site maintenance.

10. Suspension & Termination

• We may suspend or restrict a Service, with notice where reasonably practicable, for non-payment, a suspected Acceptable Use Policy violation, a security threat to the Facility or other customers, or as required by law.
• Either party may terminate an Order for material breach not cured within 30 days of written notice.
• Standard contract terms typically run for 24 months from the Service start date, renewing thereafter unless either party gives written notice of non-renewal as specified in the Order; specific term lengths and notice periods are set out in your signed Order.
• Upon termination, Customer must remove its equipment and Customer Data from the Facility within the period specified in the Order; Datenfarmen may treat unclaimed equipment or data thereafter in accordance with the Order terms.

11. Intellectual Property

All Datenfarmen trademarks, service marks, website content, and documentation remain the property of Datenfarmen Center LLP. Customer Data and Customer's own intellectual property remain the property of Customer. Nothing in these Terms transfers ownership of either party's pre-existing intellectual property to the other.

12. Confidentiality

Each party agrees to protect the other's confidential information disclosed in connection with the Services with the same degree of care it uses for its own confidential information of similar nature, and not to disclose it to third parties except as permitted under an Order, required by law, or necessary to perform the Services (including to sub-processors bound by confidentiality obligations).

13. Limitation of Liability

To the maximum extent permitted by applicable law, Datenfarmen's aggregate liability arising out of or relating to the Services in any twelve-month period shall not exceed the fees paid by Customer for the affected Service during that period. Neither party shall be liable for indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, or data, except in cases of gross negligence, willful misconduct, or as otherwise required by applicable law. Any SLA service credits constitute Customer's sole and exclusive remedy for a failure to meet an uptime commitment, unless the applicable SLA schedule states otherwise.

14. Indemnification

Customer agrees to indemnify and hold Datenfarmen harmless from third-party claims arising from Customer's Data, Customer's use of the Services in violation of these Terms or applicable law, or Customer's breach of the Acceptable Use Policy. Datenfarmen agrees to indemnify Customer from third-party claims that the Services, as provided by Datenfarmen and used in accordance with these Terms, infringe a third party's intellectual property rights, subject to the limitations in Section 13.

15. Force Majeure

Neither party shall be liable for delay or failure to perform obligations (excluding payment obligations) due to causes beyond its reasonable control, including natural disasters, fire, flood, grid power failures beyond our hybrid backup capacity, war, civil unrest, government action, pandemic, or widespread internet/telecom carrier outages.

16. Governing Law & Disputes

These Terms are governed by the laws of India. Subject to any arbitration clause in a signed Order, the courts of Bharuch/Ankleshwar, Gujarat shall have exclusive jurisdiction over disputes arising from these Terms. Where an Order specifies arbitration, disputes shall be referred to a sole arbitrator under the Arbitration and Conciliation Act, 1996, seated in Gujarat, India, with proceedings conducted in English.

17. General Provisions

• Changes to these Terms: We may update these Terms from time to time; continued use of the Services after an update constitutes acceptance of the revised Terms. Material changes affecting active Orders will be communicated with reasonable notice.
• Severability: If any provision of these Terms is held invalid, the remaining provisions continue in full force.
• Entire Agreement: These Terms, together with any signed Order and SLA schedule, constitute the entire agreement between the parties regarding the Services and supersede prior discussions on the same subject matter.
• Assignment: Customer may not assign an Order without Datenfarmen's prior written consent, not to be unreasonably withheld.

18. Contact Us

For questions about these Terms or an active Service Order, please contact:

Datenfarmen Center LLP
Ankleshwar, Gujarat, India
Email: info@datenfarmen.com
Phone: +91 98925 50902