Terms and Conditions

1. As-Is Provision

All hardware, software, and services are provided “as is,” without any warranties (Except back-to-back OEM warranty or ISV support subscription as explicitly captured in proposal or quotation), either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. GBB shall not be held liable for any direct, indirect, incidental, consequential, or special damages, including but not limited to, loss of profits, data, business, or goodwill, arising out of or in connection with the use of or inability to use the supplied material.

2. OEM Support

For hardware and software with Original Equipment Manufacturer (OEM) support, the Customer is expected to reach out directly to the OEM in case of critical business functionality loss. While GBB may facilitate interactions with the OEM, it does not undertake the responsibility of the OEM’s commitments.

If the OEM fails to fulfill their obligations, including but not limited to, issue response, resolution, hardware replacement, expertise, or meeting the Service Level Agreements (SLAs) as specified in their licensing terms, data sheets, brochures, or marketing briefs, GBB shall not be held liable.

It is the Customer’s responsibility to articulate their expectations regarding support and SLAs directly to the OEM and to pursue any discrepancies or shortfalls in service delivery. GBB’s role may include assisting in expressing the Customer’s concerns to the OEM, but under no circumstances will GBB assume liability for the OEM’s deliverables or be expected to fulfill the tasks under the OEM’s scope.

GBB recommends that the Customer carefully reviews the OEM’s commitments and SLAs before entering into an agreement with the OEM. Any dissatisfaction with the OEM’s deliverables should be addressed directly with the OEM with GBB role limited to mediator between customer and OEM and nothing more.

3. Annual Maintenance Contract (AMC)

If an AMC has been quoted, this support is primarily for non-critical configuration assistance and is provided on a best-effort basis subject to engineer availability. GBB will strive to respond and provide assistance in a timely manner, but cannot guarantee immediate availability of engineers at all times.

The Customer should not assume that it is GBB’s responsibility to make an engineer available immediately upon request. For expectations of immediate availability or dedicated assistance, the Customer should specifically request for a dedicated resource.

If required and agreed upon, this dedicated resource can be deployed at the Customer’s site. Such an engineer would be available to the Customer during agreed office hours to work on tasks as prioritized by the Customer. Please note that the provision of a dedicated resource may incur additional costs and will need to be outlined in a separate agreement.

The terms of the AMC do not cover emergency response or immediate resolution of IT issues causing business interruption. For such requirements, a separate agreement detailing the scope of such services, the associated costs, and the response times is necessary. GBB disclaims any liability for the lack of immediate support if such an agreement is not in place.

4. Configuration Responsibility

The Customer is solely responsible for the correct configuration and validation of all system components, including but not limited to security components such as firewalls, endpoint security systems, data center disaster recovery (DC-DR) replication systems, backup systems, etc.

While GBB team members bring their experience, training, knowledge of best practices, and understanding of a variety of tools and technologies to the table, they provide configuration assistance based on the information provided by the Customer and the current understanding of best practices at the time of service delivery.

GBB team, when included as part of the project scope, will attempt to configure the appropriate tool or technology to the best of their ability and knowledge. Despite such configuration, any subsequent discovery of a lapse, shortfall, or error in the configuration does not imply liability on GBB’s part.

The engineers will endeavor to explain and demonstrate all the configurations performed as part of the project, as well as share all pertinent documentation. Following this, it is the responsibility of the Customer to ensure that all business requirements are satisfactorily met by the configurations.

The Customer acknowledges that the final authority and responsibility for verifying the correctness and appropriateness of all configurations lie with them, and any failure to meet business requirements or any resulting damage is not the responsibility of GBB.

We encourage Customers to undertake periodic reviews and validation of their system configurations to maintain optimal system performance and security.

5. Written Confirmation and Single Point of Contact

There may be instances during the course of a project when GBB requires written confirmation, such as an email, from the Customer before proceeding with specific tasks or decisions.

For each project, the Customer is requested to designate an appropriate single point of contact (POC). This POC should have the necessary authority to make decisions on behalf of the Customer related to the project. Any written communication or signature from this designated POC will be treated as formal acceptance or authorization from the Customer’s organization concerning the information or decision specified in the communication or document.

It is the Customer’s responsibility to ensure that the designated POC is equipped to provide timely decisions and responses to facilitate smooth project execution. If any task or decision requires written confirmation, GBB will proceed only after receiving this confirmation from the designated POC.

The Customer acknowledges that any delay or issues resulting from the failure to provide prompt and accurate written confirmation will not hold GBB liable. GBB also assumes no responsibility for any decisions made or actions taken based on the written confirmation provided by the designated POC.

The importance of effective communication in project management cannot be overstated, and the assignment of a capable POC is vital to the successful execution of a project. The Customer is therefore requested to assign this role judiciously.

6. Password and Key Management

The Customer is solely responsible for the management of all passwords and keys related to their systems. GBB strongly advises against sharing any sensitive credentials, such as passwords or cryptographic keys, with its team members unless absolutely necessary for service delivery.

If, in exceptional circumstances, credentials are shared with GBB personnel, the Customer is strongly encouraged to change all such passwords and keys as soon as their use is no longer required. In the event of periodic access requirements, the Customer should enable such access only at the start of the necessary interval and promptly disable it as soon as it is no longer needed. This ‘least privilege’ access approach helps reduce the potential risk of unauthorized access or security breaches.

GBB disclaims any liability for the security, management, and usage of the Customer’s passwords or keys. If such credentials are inadvertently retained, lost, or misused after being shared with GBB, the responsibility rests solely with the Customer. GBB cannot be held accountable for any issues or damages that may arise from such situations.

As a best practice, GBB recommends the use of a secure, centralized password management system or secret manager for maintaining and managing credentials. Regularly updating passwords and cryptographic keys also significantly enhances system security.

7. Access Rights and Security

GBB is not responsible for any access provided to it as part of a project, including but not limited to unattended access, VPN, email access, group membership, software or hardware portal access, license keys, etc. The Customer should restrict the sharing of such access to GBB engineers to only that which is necessary to fulfill the agreed-upon scope of work.

Post completion of tasks, the Customer is expected to promptly revoke all access rights granted to GBB. It is the Customer’s responsibility to monitor and manage these access rights, to ensure continued security and integrity of their systems. In case the Customer fails to revoke access and suffers any loss or damage due to unauthorized use of these rights, GBB shall not be held liable.

Additionally, GBB recommends that the Customer undertakes regular audits of their system access rights and permissions, as part of best practices in system security. This will ensure that only authorized personnel have access to sensitive information and resources, further protecting the Customer’s data and systems.

This enhanced provision reflects the shared responsibility model for IT security, in which the Customer maintains control over their IT systems, while GBB provides the agreed-upon services without exceeding the boundaries of access necessary to perform its duties.

8. Data Backup and Network Security

Considering the increasing risk of cyber threats and data loss, it is strongly recommended that Customers maintain at least one offline copy of their backups, not connected to any networked IT equipment. This ensures that an immutable copy of vital data is always available in case of a severe incident, such as a ransomware attack.

Regular data backups should be an integral part of the Customer’s data management and disaster recovery strategy. It is the responsibility of the Customer to conduct these backups frequently and test them periodically to ensure data integrity and availability. Any data loss or corruption occurring on a system where support is extended is expected to be restored by the Customer from these backups. GBB will not be responsible for such losses.  GBB will not be responsible for any loss of data due to reasons including but not limited to human error, hardware faults, or software bugs.

Alongside a comprehensive backup strategy, the Customer should regularly undertake Vulnerability Assessment and Penetration Testing (VA-PT) to ensure the robustness of their security posture. This will help identify and rectify potential security vulnerabilities in the network infrastructure, reducing the risk of unauthorized access and data breaches.

The Customer should also maintain stringent firewall policies, regularly updated and monitored, to guard against unauthorized network access. Implementing advanced security mechanisms such as Extended Detection and Response (XDR), Security Information and Event Management (SIEM) and Mobile Device Management (MDM) to address the continually evolving threat landscape effectively is advised.

GBB advises the Customer to work with cybersecurity experts or dedicated security service providers to establish and manage these security measures, ensuring the highest levels of protection against current and emerging cyber threats. However, GBB does not assume responsibility for the Customer’s network security and is not liable for any consequences of security incidents that may occur.

9. Limitation of Liability and Force Majeure

GBB’s total liability for all damages, whether in contract, tort (including negligence) or otherwise, shall not exceed the total compensation paid by the Customer for the Products and Services.

In addition, GBB shall not be liable for any failure or delay in the performance of its obligations under this Agreement due to events beyond its control, including but not limited to war, famine, flood, earthquake, pandemic, or other acts of God or force majeure events (collectively, “Force Majeure Events”).

Such Force Majeure Events may cause disruptions in the supply chain, delays in product delivery, fluctuations in pricing, and other unforeseeable impacts. Any commitment of pricing and supplying materials within given timelines is subject to such Force Majeure Events.

Upon occurrence of any Force Majeure Event, GBB will use reasonable efforts to notify the Customer of the circumstances causing the delay and to resume performance as soon as possible. However, if such circumstances result in a delay of more than 90 days, either party may terminate this Agreement upon 30 days’ written notice to the other party.

GBB disclaims any responsibility for any losses or damages experienced by the Customer as a result of such Force Majeure Events and the resulting cascading effects. It is recommended that the Customer take necessary precautions, such as maintaining sufficient stock levels and flexible timelines, to manage potential disruptions caused by such events.

10. Modification of Terms and Conditions

GBB reserves the right to modify these Terms and Conditions at any time as per evolving business needs, legal and regulatory requirements, or other pertinent circumstances.

GBB will notify the Customer of such changes through appropriate means of communication, such as publishing the updated Terms and Conditions on the GBB website, or by sending an email with the updated Terms and Conditions. The Customer should periodically review these Terms and Conditions to stay informed of any changes.

Any changes to the Terms and Conditions will become effective immediately upon being posted on the GBB website or otherwise communicated to the Customer, unless otherwise specified. By continuing to engage with GBB for Products and Services following the effectiveness of such changes, the Customer indicates their acceptance of the updated Terms and Conditions.

If the Customer does not agree to any changes, they must cease using GBB’s Products and Services and notify GBB in writing. GBB assumes no liability for any losses or damages experienced by the Customer as a result of changes to these Terms and Conditions.

This agreement shall be governed by and interpreted in accordance with the laws of the jurisdiction where GBB is located.

Please review these Terms carefully before proceeding with any purchases. Your acceptance of our Products and Services will signify your acceptance of these Terms and Conditions.