OkDmarc TERMS OF USE AGREEMENT



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DEFINITION

Authorized User: Every individual (client/employee/agent) who has unique credentials to access OkDMarc Services

Confidential Client Data: All user account information usually provided by client( username, email, password and so on)

Client Data: Information gathered (usually about clients) while providing OkDMarc services (including Confidential Client Data)

Documentation: Documents provided to OkDMarc clients for using the platform (might be edited/updated)

Order Form: OkDMarc order form can be online or hardcopy. OkDMarc order form contains detailed services a client can avail from the OkDMarc platform including charges, payment details and other commercial terms)

Platform Service: Web-based services of OkDMarc that clients are entitled to during subscription period.

Service Exhibit: List of additional or modified terms applicable to a specific OkDMarc Platform Service.

SLA: SLA implies service level agreement. OkDMarc SLA includes the following:

  • Description of the services to be provided
  • OkDMarc metrics to measure OkDMarc services
  • Duties and responsibilities of both OkDMarc team and client
  • Remedies/penalties for breach in OkDMarc terms of use agreement

OkDMarc Technical Data: OkDMarc Technical Data refers to the technical and analytic data used by the OkDMarc team. Technical and analytic data can be acquired independently or from third parties.

SUBSCRIPTION SERVICES

OkDMarc Order Form: Documentation is of utmost importance at OkDMarc. We offer the OkDMarc Order Form based on client’s compliance. OkDMarc Order Form states:

  • Terms and conditions of using OkDMarc platform
  • Access to and usage limits of OkDMarc
  • Client’s subscription period
  • Any paid renewals (if applicable)

Usage Limits: Usage Limitations of OkDMarc depends on the plan clients opt for. From micro limited plans to unlimited – we offer diverse platform usage plans to choose from Usage Limitation of each client is stated in the OkDMarc Order Form

OkDMarc Client Responsibilities:

1. Be confidential about OkDMarc passwords and other credentials

2. Be confidential about OkDMarc data and information related to Client’s Platform Services account

3. OkDMarc account activities

4. Maintain compliance with this terms of use agreement

5. Altering OkDMarc DNS records

6. Approve Platform Services email service API access

7. Restore OkDMarc settings to its original state before last subscription date

Restrictions for Clients:

1. Redo, redesign, edit, decompile, disassemble, or reverse engineer the OkDMarc Platform Services

2. Provide OkDMarc access to any third party

3. Breach security measures of OkDMarc

4. Remove copyright

5. Allow OkDMarc services to any non-human user like bot/web-crawler

6. Test availability and functionality of the Platform

Support and Maintenance: 1. Best services to all clients 2. Continues performance improvement for OkDMarc 3. Offer technical and seamless support to clients

DURATION, TERMINATION & RENEWALS

Duration of OkDMarc Services: Duration of subscription term is specified in the Order Form.

Renewal of OkDMarc Services: OkDMarc Platform Services automatically renew for one-year period (from last date of subscription. For discontinuation of services, client/OkDMarc gives the other party written notice at least 30 days in prior.

Termination of OkDMarc Services: Upon any breach/termination of any clause of this OkDMarc terms of use agreement, all Platform Services will automatically terminate. Termination notice in written must be offered to other 30-days in prior. On client’s receipt of written notice for termination of services, OkDMarc may suspend the Services within 10 business days.

FEES AND PAYMENT

Fees: Fees for all OkDMarc platform services are discussed with client, customized and quoted on the OkDMarc Order Form.

Renewal Fees: Renewal fees are an addition to the subscription-fee rates. (All OkDMarc subscription-fee rates are stated in the Order Form. Reminder mails/messages for Renewal fees are sent to clients at least 60 days prior.

Invoice Payment: OkDMarc Invoice is sent to client at the beginning of the subscription period or renewal date. OkDMarc invoice must be cleared in 30-days following the invoice date. Overdue payments include interest at 1.5% per month rate.

Taxes: OkDMarc fees specified in this terms of use agreement and Order Form are exclusive of duties, levies, taxes, tariffs, and other governmental charges Client shall be responsible for payment of all Taxes plus OkDMarc fees.

Refund: i. If any platform service impairment is not addressed by OkDMarc within 30-days of client’s written notice.
ii. In case OkDMarc terminates any terms purposefully as listed in this terms of use agreement

OkDMarc SECURITY (PLATFORM & DATA)

For complete OKMARC platform and data security, we abide by the following safety and facility procedures:

1. Use Secure Connection

2. Use File Transfer Protocol Secure (FTPS)

3. SSH Keys Authentication

4. Private Networks and VPNs

5. Check login attempts

6. Establish Password Requirements

7. Follow Password Expiration Policy

8. Update and Upgrade Software

9. Maintain Multi-Server Environment

10. Maintain Backup

PROPRIETORSHIP

  • Platform Services + OkDMarc Technical Data + data and technologies embodied in/used to provide the OkDMarc services + All intellectual property rights
  • Client Data + Intellectual Property Rights
  • Use OkDMarc solely for business purpose
  • Exclusive property of OkDMarc
  • Exclusive Property Of OkDMarc Client
  • Global, non-exclusive, permanent, license of clients granted by OkDMarc

**OkDMarc reserves all other rights.

PRIVACY & DISCRETION

Confidential Information Any non-public information exchanged by/from OkDMarc is meant to be considered confidential (including Client Confidential Data). All parties who get access to confidential information while working with OkDMarc will protect the Confidential Information with reasonable care, like its own. No party will disclose the Confidential Information to any third party without written notice in advance. Confidential Information must be used only for mandatory requirements as listed in this term of use agreement. If requested, any party is entitled to damage/destroy/delete confidential information the moment instructed.

Confidential Information Exceptions

a. Publicly available information

b. Information devoid of confidentiality restrictions

DISCLAIMER

The OkDMarc platform services and professional services are offered without warranty of any kind. Okdmarc rejects any warranties of merchantability or non-infringement purpose (exceptions as stated in this agreement).

INDEMNIFICATION

OkDMarc defends every client against any claims (rights, difficulties, legal proceedings) made by a third party against client for misappropriates use of any third party trade secret, infringe any third party copyright or trademark issues. OkDMarc will protect and hold Client harmless against such damages to the best possible extent. OkDMarc will not be liable to support client for the following indemnification processes:

i. 2+ years after termination/expiry of the OkDMarc Order Form

ii. Violation of OkDMarc terms of uses agreement Violation of any instruction/document given to client by OKDAMRC

iii. Combination of OkDMarc platform services with any other property (product or service) not established or recognized in prior by OkDMarc

Mitigation Measures: Clients are entitled to defend OkDMarc against any claims related to client data or client’s use of OKDAMRC. Clients will indemnify and hold OkDMarc safe against any such client related claims.

Indemnification for OkDMarc by Client: OkDMarc holds all rights to improvise alter or update our platform services in order to alleviate any claims made against OkDMarc. In this regard, we may also suspend/terminate OkDMarc platform services for particular client/clients (with legitimate notification).

Mutual Understanding Between Indemnifier And Other Party:

i. In any case of indemnification, the other party will immediately inform the other party (both verbally and in writing)

ii. In any case of indemnification, the indemnifier will be the main decision maker

iii. In any case of indemnification, the indemnifier will bear the expense of the case. However, the other party will offer complete support to the indemnifier to get defense of the case

MISCELLANEOUS

Beneficiaries of Agreement : There are no third party beneficiaries to this OkDMarc terms of use agreement. Neither OkDMarc nor clients make any commitment on behalf of each other when entitled to this OkDMarc terms of use agreement.

Performance: Neither OkDMarc nor clients are responsible for delay or failure in platform service performance (causes backed by legitimate reasons). This does not relieve either party of its offerings mentioned in the Order Form.

Export Compliance: OkDMarc client must abide by the export laws and regulations of the Indian Government. This is to ensure-OkDMarc platform services are exported/re-exported on par with local export laws and regulations(b) OkDMarc platform services are not used for any purposes prohibited by the local export laws and regulations

Government Rights: All public/government/official sector clients need to abide by the clauses mentioned in this terms of use agreement during their tenure of using the OkDMarc services.

Severability: If any portion of this OkDMarc terms of use agreement is not applicable at any place due to emergency, law or local rules, the rest of the agreement remains applicable to its maximum permissible extent.

Waiver of Provision: The waiver of a breach of any provision of this terms of use Agreement will not impact the waiver of any other breach (of same or any other provision.)

Notices: All written documents, notices, references related to this agreement from either party can be delivered in the form of types, hand written or email document. For address (postal/email), only the one mentioned in the Order Form is valid. For anything further, please contact us at info@okdmarc.com.

Legal Enforecement: Any legal action or proceeding related to this agreement will be following the course, repercussions and legal actions of India. The associated party will be entitled to recover the monetary damages and attorneys’ feesAt any point of legal action, the aggrieved party can use this Agreement as specimen/support for legal remedies.

OKDMarc Agreement Modification: The OkDMarc terms of use agreement can only be edited updated or altered by notifying all parties involved in writing.

LIMITATION LIABILITY

Disclosing Client Identity : OkDMarc may use client details (name and logo) for promotion purpose on OkDMarc’s website and other marketing materials (upon client’s approval). Client will logically cooperate for the same.

Case Study: The OKDMarc terms of use agreement is only transferrable (by client and OKDMarc) when accompanied with all Order Forms. OkDMarc Terms of Use Agreement can be transferred to third party (in the occasion of selling, business transfer, merger & so on) only with prior written notice and consolidation by OKDMarc, client and third-party.

TECHNICAL SUPPORT

Assistance : OkDMarc will provide technical assistance and engineering-to-engineering level support to all Clients using the platform services. Technical assistance is offered via phone, web access and email.

Initial Response: All OkDMarc technical glitches, breaches and issues of clients will be acknowledged within 24 hours. Clients will be given OkDMarc’s case tracking number based on tracking system. Remedies and solutions will be provided on priority depending on severity of client issue.

Resolution & Response Times: Clients facing technical glitches shall be assisted based on the severity of client issue. Severity level of each client will be considered unbiased. Technical support and services of OkDMarc are only available on working days.

For anything further or more information about the OkDMarc Terms of Use Agreement, please write us at info@okdmarc.com