Terms of Service
Date Published: 22 July 2013
Previous Version: 12 October 2011
This agreement is our standard 'Limited Liability' agreement as per the terms listed below. The limitations on liability included in this agreement are an essential aspect of this agreement, the prices of services offered to Customer are based on acceptance of these terms. If Customer requires a higher level of commitment in term of liability, BitCloud offers an extended liability version of this agreement that can be negotiated on an individual basis.
By using these services, you agree to be bound by the terms and conditions in this document; you agree to indemnify and hold harmless BitCloud from any loss, liability, claim, damage and expense arising from or related to your use of any services provided by BitCloud. If you are not satisfied with these terms and conditions then you must discontinue use of our services.
In addition to this agreement, Customer is also bound by the following documents:
- BitCloud SLA (http://www.bitcloud.com.au/terms/sla.php)
- Customer Rights and Responsibilities (http://www.bitcloud.com.au/terms/customerrr.php)
Where applicable, Customer is also bound by the following service specific terms:
If BitCloud and Customer agree to amend any of the combined terms, these amendments will be detailed in a document titled "Service amendment schedule" and signed by both parties.
Customer warrants that in entering into this agreement, Customer is relying solely on information contained in this agreement and the documents listed above and not in reliance on any other information.
BitCloud services are provided under the SLA terms as listed on the above link. These SLA terms specifically set out the maximum amounts of compensation Customer is entitled to as a result of any type of claim by Customer in relation to the performance of services provided by BitCloud. If the compensation offered under our SLA is not adequate for Customer needs, Customer must have independent and external insurance that does meet their needs.
Customer understands and agrees that BitCloud does not warrant our service will meet all of your requirements or that it will be uninterrupted or error free.
BitCloud shall maintain commercially reasonable and appropriate administrative, physical and technical measures in place to protect Customer data, but we specifically state that it is not possible to absolutely guarantee against security breaches or data loss.
To the fullest extent permitted by the Law, neither party shall be liable for any consequential or indirect loss including but not limited to loss of profits, business interruption or indirect costs suffered by the other party or any third-parties in connection with any service provided by BitCloud.
This agreement is between BitCloud and the Customer only, there are no third-party beneficiaries to this agreement. Customer agrees to indemnify BitCloud against any third-party claims arising out of your use of our services.
You are responsible for any misuse of your services, even for example, if the misuse was committed by a friend, family member, guest, employee or customer with access to your account. You are also responsible for any such misuse regardless of whether it was with or without your consent. Therefore, you must take steps to ensure that others do not gain unauthorised access to your account or cloud services. BitCloud is entitled to assume that any access of a Customer account using a valid password is authorized by the Customer.
The services must not be used for unlawful purposes. Any use of these services which violates any local, state, federal or international laws applicable to BitCloud, your jurisdiction, or any jurisdiction that your organisation is subject to is strictly prohibited.
BitCloud does not tolerate SPAM. If you use spam, unsolicited emails or message board posting, or any other similar method to promote your site, then your access to our services may be immediately suspended or in the case of repeat offenders, terminated.
BitCloud reserves the right to take action, including legal or suspension of or termination of a service, against a customer who interferes with the rights of another user online, or attempts to interfere with the smooth running of the internet or BitCloud's services.
BitCloud allocates significant resources aimed at keeping data stored on our systems secure and free of defect, including where appropriate, SAN replication or snapshots. These measures are intended to protect against data loss as a result of hardware failure, they are not capable of guaranteeing against data corruption or accidental deletion or damage. It is therefore an essential term of service that customers do not store any data that cannot be re-created or is unique on BitCloud services that do not have a backup service attached.
Where a backup service is purchased, Customer agrees that such backups are still not an absolute guarantee against data loss or corruption.
You understand that no intellectual property rights are assigned to you in the use of a service provided by BitCloud unless otherwise specifically contracted. Likewise none of your intellectual property rights are assigned to BitCloud via the use of a service provided by BitCloud unless otherwise specifically contracted.
Where BitCloud provides software licences to be used on Customer managed servers, Customer agrees to allow BitCloud to use any licence verification methods necessary to fulfill our reporting responsibilities to our vendors, including direct access to the servers.
All invoices must be paid by due date. Customers who fail to pay their invoices before the due date are not entitled to SLA credits. BitCloud reserves the right to suspend services of customers who fail to pay invoices within 14 days of due date.
Deposits or pre-payments for services are binding, refunds can only be requested if BitCloud fails to provide the agreed service.
BitCloud provides Customer with access to information and communications technology resources. Customer warrants that they have the knowledge and expertise necessary to configure, maintain, and secure their server. Unless Customer selects a management plan, BitCloud's responsibility is limited to providing access to resources contracted by the customer and through online control panel and shell access. BitCloud takes no responsibility whatsoever in regards to the performance or function of the software within each server instance, even if it is pre-installed by us.
BitCloud reserves the right to refuse new orders at its sole discretion. BitCloud reserves the right to terminate the services of any existing customer which does not have a minimum term in place by providing 30 days written notice. Services that do have a minimum term can be terminated by BitCloud only at the end of such term and by giving 30 days advance written notice.
Customer acknowledges that if Customer does not wish to continue with the service, it is Customer's responsibility to request cancellation of the service. Cancellation requests must be made in writing and submitted by fax or email to the contacts listed on the BitCloud website at least 7 days before the required cancellation date. Where services have an agreed minimum term, the service can only be cancelled prior to the expiry of this term if Customer pays in full the fees that would be incurred for the remainder of the period.
Customer can at any time, by giving 7 days written notice, request an off-line copy of any and all data held by BitCloud on behalf of the Customer. BitCloud will provide this data on a removable disk. A fee of $1 per GB of data will apply with a minimum of $500 per request.
Unless BitCloud has explicitly agreed to provide additional security services for a Customer, BitCloud will not provide or be responsible for any security within a Customer server environment. Customer is solely responsible for determining and implementing the appropriate security requirements of their servers.
If Customer engages BitCloud to provide management services to a Customer server, Customer warrants that they have undertaken appropriate steps to ensure the security of their systems and will therefore indemnify BitCloud against any claims as a result of a breach of security on such servers including data theft and data loss.
BitCloud may revise these terms and conditions from time to time by posting a new version of this document on our website, and providing a minimum of 30 days written notice. Customers on monthly agreements will be bound by such revised terms once the notice period expires. Customers with agreements spanning more than one month will be bound by such revised terms from the date their initial term expires.
Customer warrants that the person authorizing the creation of the Customer account is at least 18 years of age, is legally capable of entering into a binding contract and is authorized by Customer to act on its behalf. This agreement is governed by the laws of the state of New South Wales in Australia.
Any provision or term of this agreement that is illegal or unenforceable will be severed from this agreement and will not affect the continued operation of the remaining provisions of this agreement.
If you are aware of any violations of the terms and agreements, please report them to: abuse@BitCloud.com.au