DEED OF AGREEMENT FOR CLOUD SERVICES/ CONNECTIVITY


This Deed of Agreement is prepared and executed on this date the……of…..of the Christian Era.

BETWEEN


MetroSky a private company incorporated in Bangladesh under the Companies Act 1994, bearing Certificate of Incorporation No…. dated …………, having its head office at ……., Bangladesh, duly represented by its…….. (hereinafter referred to as the “Service Provider”) which expression unless otherwise repugnant to the context hereof, shall mean and include its successors-in- interest, assignees, nominees, administrator, officer & legal representatives of the One Part.

AND


MetroNet Bangladesh Ltd., a private limited company duly incorporated under the Companies Act 1994 of Bangladesh, bearing Certificate of Incorporation No…. dated …………, an internet & data service providing company incorporated in Bangladesh under the Companies Act, 1994 and having its registered Office at……., Bangladesh, duly represented by its………….(hereinafter referred to as the “Subscriber” which expression, unless excluded by or repugnant to the context shall mean and include its successors-in- interest, executors, legal representatives, administrator and assigns) of the Other Part.

The Service Provider and the Subscriber are hereinafter referred individually as a “Party” and collectively as the “Parties.”


RECITALS/ PREAMBLES:

Whereas, the Service Provider being licensed by the relevant authority of Bangladesh is engaged in the business of providing telecommunications and related services in Bangladesh.

And whereas, the Subscriber is involved in the business of providing high-speed data communication and Communication device(s) and solutions through its own communication network to various the Subscribers.

And whereas, the Subscriber is desirous of obtaining certain Services from the Service Provider and the Service Provider represents that it has the necessary expertise, skills, experience, competence and personnel required to deliver the Services desired and required by the Subscriber and is willing to enter into this Agreement with the Service Provider to provide the Services in accordance with the terms and conditions specified herein below.

in consideration of the foregoing premises and the mutual promises, covenants, and conditions hereinafter set forth, the Service Provider and the Subscriber hereby agree as follows:

The Service Provider Terms of Service & Privacy Policy

        Terms of Services:
      • The initial term of this agreement shall begin on the date that the Service Provider generates an email message to the Subscriber stating the service is now active and will continue for the number of calendar months specified in the order.
      • The Subscriber agrees explicitly that the Service Provider will activate the service in receipt of cleared payment and that service will commence without delay.
      • Upon expiration of the initial term, this agreement will renew automatically for successive renewal terms each the same as the initial term unless the Service Provider or the Subscriber provides the other with written notice of non-renewal at least thirty (30) days prior to the expiration of the initial term or then-current renewal term, as applicable.
      • The Terms of Service and the relationship between you and the Service Provider shall be governed by the laws of People's Republic of Bangladesh. You and the Service Provider agree to submit to the personal and exclusive jurisdiction of the courts located in the Service Provider.
        Subscriber Duties:
      • In order to use the Service Provider services, you are required to provide current and factual identification, contact and other information as part of the registration process. You are responsible for the confidentiality of your account information and solely responsible for all content and Data within your account.
        Acceptable Use of Network and System Resources:
      • Deployed servers on Public Cloud, include a set amount of data transfer, based on a generous 1.5TB of outbound transfer per month, per GB RAM allocated to your server for most locations, and 1TB outbound transfer for Premium Locations (see note 13). Maximum / Peak usage is 5Mbps per GB RAM allocated to your server for most locations and 2Mbps per GB RAM for Premium Locations. For the purposes of Example, a server with 10GB RAM allocated, is permitted a maximum of 50Mbps transit or 15TB transfer, whichever limit is reached first, or in Premium Locations, the same server is permitted 20Mbps or 10TB on the same basis.
      • Hybrid and Bare metal Servers are also provided with an inclusive generous set amount of data transfer, which is 50Mbps at 95th percentile metering for most locations, and 25 Mbps at 95th percentile metering for Premium locations (see note 13).
      • The Subscriber significantly or repeatedly exceeding these guidelines will have their connections to the Public Internet throttled to the guideline limit without notice, may be subject to overages if usage is quite significant and will have the option to upgrade or purchase dedicated transit at the sole discretion of the Service Provider.