1. Acceptance of Terms & Master Services Agreement
These Terms of Service ("Terms") govern access to and utilization of all technology products, software licenses, bare-metal servers, cloud migrations, and managed NOC/SOC support provided by Omnitrix Next Generation IT Solutions Pvt. Ltd. ("OMNITRIX"). By submitting an RFP, issuing a Purchase Order (PO), or signing a Statement of Work (SOW), your organization agrees to these Terms.
2. Scope of Services & OEM Deliverables
OMNITRIX delivers enterprise IT infrastructure as an authorized partner of tier-1 OEMs (including NVIDIA, Microsoft, AWS, Fortinet, Dell Technologies, and HPE). Deliverables, node counts, SLAs, and implementation milestones are defined in the specific executed Statement of Work or Official Quotation.
3. Service Level Agreements (SLA) & Uptime Commitments
For contracted managed hosting and mission-critical cloud instances, OMNITRIX guarantees a 99.99% monthly infrastructure uptime availability. In the event of an unexcused SLA breach, eligible enterprise clients are credited in accordance with the SLA penalty schedule specified in their Master Services Agreement.
4. Commercial Terms, GST Billing & Invoicing
- All commercial proposals are invoiced in Indian Rupees (INR) or approved foreign currencies with full 18% GST itemization for Input Tax Credit (ITC) reconciliation.
- Standard corporate payment terms are Net 30 days from invoice generation unless alternate milestones are executed in writing.
- Late balances may incur statutory commercial interest of 1.5% per month or the highest permissible rate by law.
5. Intellectual Property & Work Product
Client retains complete, unencumbered ownership of all proprietary data, database contents, and bespoke models uploaded to OMNITRIX infrastructure. OMNITRIX retains ownership of pre-existing architectural templates, deployment scripts, proprietary automation tools, and documentation.
6. Data Protection & Regulatory Compliance
Both parties agree to comply with applicable data protection laws, including the EU GDPR, UK GDPR, and India DPDP Act 2023. Our complete data processing commitments are set forth in our GDPR Compliance Notice and Privacy Policy.
7. Warranties & Limitation of Liability
OMNITRIX warrants that services will be performed in a professional, workmanlike manner in accordance with ISO 9001 and ISO 27001 standards. To the maximum extent permitted by applicable law, neither party shall be liable for indirect, incidental, consequential, or punitive damages. Total aggregate liability is limited to the fees paid by the client under the applicable SOW in the 12 months preceding the claim.
8. Governing Law & Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the Republic of India. Any legal dispute or arbitration arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the competent courts in Bangalore, Karnataka, India.