Terms & Conditions

TERMS & CONDITIONS

In this Agreement, unless the contrary intention appears, or the context requires otherwise;

We or Us or Our means TDF Cloud Services Pty Ltd;

You or Your means the customer, person, entity, partnership or any other party, this includes any of Your employees, contractors, agents or anyone else acting on Your behalf;

Service means any service provided to You by Us, this includes facility, hardware, software or any other component used to provide the Service to You, except where You retain ownership;

Fees mean the fees for the Service as provided by Us to You and Includes GST;

Data or Information means any information, records or data provided by You to Us for the purposes of Service to You;

Termination means cease of Service to You.

  1. SERVICE
    1. We agree to provide and You agree to accept the Service based on these Terms and Conditions.
    2. You must be 18 years or older to use the Service.
    3. You must provide Your legal full name, valid email address, and any other information requested in order to complete the signup process.
    4. The “Mailbox” Service is limited to Microsoft Outlook 2007 or Higher, if You have subscribed to a “Premium Mailbox” a licensed version of Microsoft Outlook 2013 can be supplied for Your use during the period of Your usage of the Service.
    5. In order to provision the Service, Your DNS records for Your domain must be changed, You may provide Us access to Your DNS hosting service in order to setup the Service, or changes to Your DNS must be made by Your local support provider or domain registrar.
    6. To protect and maintain the security, integrity and availability of the Service, it is prohibited to use the Service in a manner that unnecessarily takes up capacity, weakens the performance of, or poses a security threat to the Service. This includes, but is not limited to, the use of programs that consume excessive server resources; use of server space for backup or storage of material unrelated to an account; any data streaming which is determined to be excessive, or distribution of spam, viruses, worms, or any other electronic destructive resource.
    7. We are not responsible in any way for Fees incurred as a result of incorrect or unauthorised information or instructions We may receive from You when You request a service.
  2. FEES AND PAYMENT
    1. The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account, no exceptions will be made.
    2. A valid credit card or direct debit is required for paying accounts.
    3. For any upgrade or downgrade in plan level, Your credit card or account that You provided will automatically be charged at the new rate on Your next billing cycle.
    4. Any changes to Your domain, requires cancellation of current Services and setup of new Services. You will be charged the current setup fee for change of domain.
    5. We may vary the Fees at any time, we will notify you of any change in Fees.
    6. If payment is not received from You by the due date, We may do any one or more of the following, in addition to any other steps We may take:
      1. charge You interest on the outstanding amount from the due date, at a rate equivalent to the ANZ Retail Index Rate as at the due date plus 2% per annum and compounded monthly;
      2. recover from You any reasonable costs, including legal costs, which We may incur in recovering any outstanding amounts due to Us;
      3. suspend all or any part of the Service until You have paid to Us all outstanding amounts;
      4. keep Your Data until You have paid Us all outstanding amounts;
      5. where invoices remain unpaid for a period of 3 months, We may, without further notice to You, destroy the Data in Our possession.
  3. VARIATIONS TO TERMS AND CONDITIONS
    1. We reserve the right to vary these Terms and Conditions at any time and without notice, any changes will be binding on You from the date on which the varied Terms and Conditions are first posted on Our website. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to these Terms and Conditions of Use.
  4. SECURITY AGREEMENT AND INTERESTS
    1. We retain a purchase money security interest taken over Your Data until such a time as the Fees have been paid to Us.
    2. You agree to, at Your expense, do anything which We ask and considers necessary for the purposes of:
      1. ensuring that a security interest is enforceable and perfected or otherwise effective;
      2. enabling Us to apply for any registration, or give any notification, in connection with a security interest so that the security interest has the priority required by Us; or
      3. enabling Us to exercise rights in connection with the security interest.
    3. We need not give any notice under the PPSA (Personal Property Securities Act of 2009) (including a notice of a verification statement) unless the notice is required by the PPSA and cannot be excluded.
  5. YOUR ACKNOWLEDGEMENTS
    1. You acknowledge and agree that:
      1. We are not responsible for ensuring that You comply with any statutory or other obligations that You may have regarding the preservation or maintenance of Your Data;
      2. You may not use the Service for any illegal or unauthorised purpose. You must not, in the use of the Service, violate any laws in Your jurisdiction, including but not limited to the Copyright Act of 1968;
      3. We are not responsible for the content posted, stored or transmitted via the Service, and therefore not liable for any claim You may have for exposure to illicit, offensive or any other content;
      4. The Service is provided “as is” and “as available” without warrantee or guarantee.
      5. The technical processing and transmission of the Service, including Your Data, may be transferred unencrypted and involve;
        1. transmissions over various networks; and
        2. changes to conform or adapt to technical requirements of connecting networks or devices
      6. You are responsible for all activity that occurs under Your account.
  6. TERMINATION & CANCELLATION
    1. Without limiting their other rights under these Terms and Conditions, either party may terminate these Terms and Conditions with immediate effect by giving written notice to the other party if:
      1. any winding up, dissolution or cessation of business, the appointment of an administrator, liquidator or similar event occurs in respect of the other party; or
      2. the other party materially breaches these Terms and Conditions and fails to correct the breach within 14 days after notice of that breach from the non-breaching party.
    2. Your Data will be deleted upon cancellation of the Service. Prior to cancellation, it is Your responsibility to export Your Data from the Service.
    3. If You cancel the Service before the end of Your current billing cycle, Your cancellation will take effect immediately and You will not be charged again.
    4. We reserve the right to suspend or terminate Your account and refuse any current or future use of the Service for any reason.
    5. Such termination of the Service will result in the deactivation of Your Account or access to Your Account, and forfeit any relinquishment of Data in Your account.
  7. CONFIDENTIALITY, PRIVACY AND SECURITY
    1. We will take all reasonable measures to ensure that all confidential information and personal information collected by Us pursuant to the Services, is protected from misuse, unauthorised access, modification or disclosure.
    2. You are responsible for maintaining the security of Your account and password. We are not liable for any loss or damage from Your failure to comply with this obligation.
    3. At all times when collecting personal Information from individuals We will manage that personal Information in accordance with the Privacy Act 1988.
    4. We may disclose your non-private, aggregated, or otherwise non-personal information, such as usage statistics of our Service.
    5. We may disclose to parties Data stored in Your account and information about You that we collect when we have a good faith belief that disclosure is reasonably necessary to;
      1. comply with a law, regulation or compulsory legal request;
      2. protect the safety of any person from death or serious bodily injury;
      3. prevent fraud or abuse of Our Service or its users; or
      4. to protect Our property rights;
    6. If we provide Your Data to a law enforcement agency as set forth above, we will remove any encryption from the files before providing them to law enforcement. However, We will not be able to decrypt any files that you encrypted prior to storing them on Service.
  8. LIABILITY
    1. To the extent permitted by law, any warranties not expressly included in this Agreement are excluded.
    2. We will not be liable for and You indemnify Us from all liability in tort, contract, or otherwise in respect of any loss, damage, injury or death arising out of or in connection with the performance, non-performance, breach or other matter arising out of these Terms and Conditions or the provision of Services, including but not limited to, duties, taxes, levies, charges, liability due to negligence, breach or the wilful act or default of Us, Our agents, employees or subcontractors.
  9. GENERAL
    1. These Terms and Conditions are governed by the laws of the state of New South Wales and the Commonwealth of Australia and the parties submit to the non-executive jurisdiction of the courts of those places.
    2. If any part of these Terms and Conditions are unenforceable, invalid or void then that part of these Terms and Conditions is severed and the rights and obligations of the remaining parts of these Terms and Conditions continue to apply.
    3. You license Us to host Your data for the purpose of the Service to You
    4. We reserve the right to refuse Service to You.

COPYRIGHT 2017 © TDF Cloud Services. ALL RIGHTS RESERVED.