Hosted Exchange Terms & Conditions
Client – the entity who engages our services. The entity may be an individual, partnership, trust or incorporated body.
Provider – the entity that provides the products, services and solutions to the Client and includes Crystal Integrated IT Solutions or CloudM8.
Sites – includes any website or cloud-based system which the Provider and/or Client accesses as part of the Subscription Service, and may include sites which the Provider has either full control over or for which it may be a reseller or partner of.
Services– includes all services, products and solutions provided by the Provider to the Client.
Subscription – A service (or collection of services) offered by the Provider, which the client has subscribed to.
Subscriber – A client who has subscribed to a service(s)
Subscription Fees – Annual fees charged by the provider for subscriptions
Subscription Period – the duration of the subscription (in most cases this will be annual).
As a Subscriber, you agree to pay our then-current and applicable subscription fees for the Service(s), based on the level of Services for which you sign up. Your use of the Services are limited to the restrictions established in your applicable plan (e.g. number of accounts or storage quotas). The Provider charges and collects subscription fees in advance for all Services offered. Unless you designate in your Subscription preferences or notify us that you do not want your subscription to be auto-renewed, you agree that we may automatically renew your Subscription to the Services and automatically charge you the then-current renewal fees for such renewed subscriptions and that we may use the credit card associated with your subscription, at the beginning of each recurring period.
You further acknowledge, that our annual subscription fee includes support for any requested changes, modifications and/or troubleshooting of the Hosted Exchange back-end (limited to alterations or reconfiguration within the Hosted Exchange Administration portal, and excludes support for Desktop related issues), and that any support required which involves trouble-shooting or reconfigurations outside of the Hosted Exchange back-end, are not covered by your subscription and are separately chargeable at our prevailing hourly rates. You further acknowledge that prices may change over time due to exchange rate fluctuations.
You agree that we may cancel or suspend your access to any Services if, at any time, you have not paid all fees that you owe to us. Strict adherence to payment terms must be observed by the Client to ensure continuity of service. In the event we are unable to collect the fees you owe us, we may take any other steps we deem necessary to collect such fees from you, and that you will be responsible for all costs incurred by us in connection with such collection activity, including collection fees, court costs and legal fees. Any amounts not paid when due, shall bear interest at the rate of one and one half percent (1.5%) per month, or the maximum legal rate, if less.
Changes to Services or Subscription:
Clients are able to increase or upgrade their subscription at any time during the subscription period, in order to add capacity or the number of user accounts or to add additional services to their subscription, by providing a written request of their requirements to the Provider. Upon receipt, the Provider will make the necessary adjustments. Pro-rata charges will be raised for the balance of the subscription period. Requests to reduce the subscription will only take effect from the end of the current subscription period. Please note that the majority of Hosted Exchange and related applications have an annual commitment.
Notice for Termination of Service or Subscription:
The Client or Provider may terminate the subscription or a service offered under a subscription, at any stage by providing 60 days written notice to the other party, except where the Provider terminates a service due to non-payment.
Some ISP’s add uploaded data to your monthly download allocation (please check with your ISP). The Provider accepts no responsibility for excess upload or download charges.
Data Availability/Data Loss:
Limit of liability
You acknowledge and agree that we are only willing to provide access to the Services if you agree to certain limitations of our liability to you and to third parties. You understand that to the extent permitted under applicable law, in no event will we or our officers, employees, directors, parent companies, subsidiaries, affiliates, agents or licensors be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of revenues, profits, goodwill, use, data, lost opportunities, or business interruptions or other intangible losses (even if such parties were advised of, knew of or should have known of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy), arising out of or related to your use of or access to, or the inability to use or to access, the site, the services or your backed up data, regardless of whether such damages are based on contract, tort (including negligence and strict liability), warranty, statute or otherwise.
If you are dissatisfied with any portion of the Service(s), your sole and exclusive remedy is to discontinue use of our services. Our total liability to you for all claims arising from or related to the Service(s) is limited, in aggregate, to the greater of (i) the amount of fees actually paid by you for use of our services in the preceding month prior to the date the claim arose; or (ii) ten dollars (AUD $10.00).
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
Without limiting the foregoing, under no circumstances WILL WE be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond our reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, OR non-performance of third parties