Bandwidth and Backup Overages Policy

This policy applies to all OneMind Services customers utilizing colocation, dedicated hosting, and cloud services. It outlines how bandwidth usage and backup coverages are measured and the associated costs for exceeding the agreed-upon limits.

Bandwidth and Backup Overages

Customers agree to the following charges for bandwidth and backup usage exceeding the contracted limits as outlined in their service agreement:

Bandwidth Overages : INR 4.31 per additional gigabyte (GB) of data transfer beyond the contracted monthly bandwidth allowance.
95th Percentile Bandwidth Overage : For customers on the "95th Percentile" model, additional charges are calculated based on the amount of bandwidth exceeding the contracted limit, as specified in the agreement.
Backup Overages : INR 215.37 per additional GB of data transfer that exceeds the backup subscription limit for the specified backup period.

All overages and usage data are determined solely by OneMind Services.

"Monthly Transfer" Model

For customers on the "Monthly Transfer" model, the total allowable bandwidth transfer per month is defined in the service agreement. The contracted bandwidth limit is typically listed under “Server Specifications” or similar sections in the agreement (e.g., 5000 GB).

This bandwidth includes all data transferred between your account and external internet users, which encompasses website data, emails, FTP transfers, and other applications you may use.

How to Track Usage:

To monitor bandwidth usage, please refer to the control panel, which provides a real-time monthly tally of your data transfer. If you do not have access to the control panel, please contact the OneMind Services billing department for assistance.

If you exceed the bandwidth limit, you will incur charges at a rate of INR 4.31 per GB for each additional GB of data transferred.

95-Percentile Bandwidth Overage

To accommodate occasional spikes in traffic without immediately requiring an increase in your contracted bandwidth, OneMind Services uses the 95th Percentile Rule for bandwidth billing. Under this model, customers are allowed to exceed their bandwidth limits during brief periods (totaling 5%) without incurring overage fees.

How It Works :

OneMind Services measures both inbound and outbound traffic at 5-minute intervals throughout the month.
The highest 5% of data points are discarded, and the next highest remaining value is referred to as the 95th Percentile.
If your bandwidth usage exceeds the contracted limit (after removing the top 5% of traffic data), you will be billed for the excess bandwidth at the rate specified in the service agreement.

Example Calculation for 95th Percentile Overage:

Suppose your service agreement includes 40Mbps of contracted bandwidth, and after sorting your data samples, the 95th Percentile usage is found to be 68Mbps. In this case, you will be charged for the additional 28Mbps of usage (68Mbps - 40Mbps), at the contracted rate per Mbps.

Backup Subscription

If you have purchased backup services through OneMind Services, the following terms apply for backup overages:

You agree to pay INR 215.37 per GB for data transfer beyond the backup subscription limits during the specified backup period.

Note: Backup services are typically subject to specific storage and transfer limits, which are detailed in your service agreement.

This policy ensures clarity regarding overage charges and helps OneMind Services customers manage their bandwidth and backup needs effectively. For any questions or concerns about overages or to discuss adjusting your service plan, please reach out to our support team at support@onemindservices.in.

Hosting Services Agreement between OneMind Services ("OneMind") and the customer ("Customer"), effective as of the date Customer accepts the terms by signing or using OneMind’s services.

Definitions
Agreement Components: The agreement includes the Service Order Form, this Hosting Services Agreement, any Service Level Agreements (SLAs), and OneMind's Acceptable Use Policy (AUP), collectively. Conflicts between documents are resolved by precedence order.
AUP: OneMind’s Acceptable Use Policy, found on OneMind’s website, as may be amended.
Business Day: Monday through Friday, 8:00 AM to 5:00 PM, excluding public holidays.
Effective Date: The date Customer signs or uses the service.
Service Commencement Date: The date OneMind provides access to the service.
Service: The hosting and any additional services as described in the Service Order Form.
Term
The Agreement’s term starts on the Service Commencement Date and renews automatically for successive terms unless canceled in writing at least 30 days before the current term ends.
Services
OneMind will provide hosting services with Customer’s acceptance and credit approval. Additional services (Supplemental Services) may be provided at the Customer's request on an hourly basis.
Payments
Fees: Customer agrees to pay the fees as outlined in the Service Order Form. Fees may increase after 12 months in line with market adjustments (e.g., consumer price index).
Payment Terms: Fees are due monthly in advance, and Customer must pay on or before the first day of each month.
Late Payments: A late fee of 5% and interest may apply for overdue payments.
Early Termination: If terminated early, Customer is responsible for all fees through the end of the term.
Customer Obligations
Security: Customer must ensure secure use of services and back up content regularly.
Compliance: Customer agrees to comply with all applicable laws and the AUP.
Cooperation: Customer must cooperate in investigating any suspected AUP violations.
AUP (Acceptable Use Policy)
OneMind reserves the right to modify the AUP at its discretion. If amendments materially affect the Customer, they can terminate the Agreement as outlined in Section 13.
Suspension of Services
OneMind may suspend services if Customer violates the AUP, fails to pay, or if required by law enforcement or due to a security issue.
Warranties
OneMind: Provides services with reasonable effort but does not guarantee uninterrupted or error-free services.
Customer: Ensures that provided information is accurate and that no unlawful or embargoed use occurs.
Unauthorized Use
Customer is responsible for the security of the servers under this Agreement, with OneMind Services only handling the specific security tasks outlined in the Service Order Form or other Agreement sections. Customer will be liable for any unauthorized use of the Services, including any associated fees, unless the unauthorized use is due to OneMind Services’ failure to fulfill its obligations.
Indemnification
Customer agrees to indemnify OneMind against third-party claims resulting from violation of laws, AUP, or unauthorized use. OneMind agrees to indemnify Customer against third-party claims related to intellectual property infringement.
Disclaimer of Warranties
OneMind does not guarantee error-free, uninterrupted services and limits liability to the amount paid for the service during the three months prior to any event causing damage.
Limitation of Liability
OneMind's liability is capped at the fees paid for services within the three months prior to the claim. No liability for lost profits or indirect damages.
Termination
Customer's Termination Rights: The Customer can terminate without liability if OneMind Services fails to meet its obligations or materially violates the agreement, provided the issue isn't resolved within the given cure periods.
OneMind Services' Termination Rights: OneMind Services can terminate if the Customer is overdue on payments or violates the agreement, with certain specified cure periods or conditions for immediate termination.
Confidentiality
Definition: Defines what constitutes confidential information and the obligations of both parties to protect it.
Use of Customer’s Name and Logo: OneMind Services may disclose that it provides services to the customer and use their name and logo in promotional materials.
Requests for Customer Information: OneMind Services may disclose information to authorities or in response to legal requests.
Software
The Customer agrees not to remove any proprietary notices on OneMind Services software and cannot reverse-engineer it unless permitted by law.
Third-Party Products
OneMind Services may provide third-party products but disclaims any warranties or representations regarding those products.
Notices
Describes how notices must be sent (via mail or email) and when they are considered received.
Miscellaneous
Various standard contract provisions, such as:
Solicitation of Employees: The Customer cannot hire OneMind Services employees for 12 months after termination.
Governing Law: The agreement is governed by California law.
Force Majeure: Neither party is liable for failure to perform due to events beyond their control.
Assignment: The Customer can't transfer the agreement without OneMind Services' consent.