1. Services and infrastructure to be provided by Communicat
Communicat is a provider of software and data hosting services for Microsoft and MYOB including data storage and data backup services. Communicat undertakes to provide a secure, reliable and business-grade online system hosting service including the performance of daily backups.
2. Services and infrastructure to be provided by the client
The client needs to provide adequate internet connections and equipment as recommended by Communicat from time to time. Support and configuration of client equipment is the client’s responsibility. If the client requires Communicat to provide assistance for the configuration of the client’s systems then this will incur a cost in addition to the fees payable under this agreement
This Agreement sets out the entire agreement and understanding between the parties in relation to the hosting service. No party has entered into the Agreement in reliance upon any representation, warranty or undertaking of any party which is not set out or referred to in this Agreement. This agreement may only be varied by written notification, authorised by the Directors of Communicat.
This agreement may be terminated by either party by giving 30 days written notice to the other party. If the client advises their intention to terminate the service then all outstanding amounts will be payable immediately, including fees for the period up to the end of the calendar month in which termination is requested.
The rights of either party under this agreement may be assigned to another organisation or related party by the giving of 30 days written notice to the other party.
Hosting prices are subject to variation from time to time according to costs incurred from Communicat’s suppliers including Microsoft and other software, equipment and internet service providers.
Hosting fees are payable monthly in advance and are due for payment 7 day terms after receipt of the invoice. Fees which remain outstanding beyond 30 days after the due date will be subject to notification to the client of impending cancellation. If the account remains outstanding beyond 60 days after the account becomes due then Communicat may cancel login access rights to the client without further notice.
8. Ownership of Licences for Software and data provided by the client
Business software and licences for software such as MYOB AccountRight, MYOB Exo and Crystal will be provided by the client for loading onto Communicat’s servers. Software provided by the client will at all times continue to be licensed to the client. The client is entitled to decommission the operation of the client’s software from Communicat’s servers by giving 30 days notice to Communicat and advising of termination of the agreement as defined in this document. Ownership of the client’s data always remains with the client. If Communicat is required to transfer the data to electronic media as part of a termination of service or for any other reason, then Communicat shall be entitled to payment by the client for the cost of time and materials incurred in providing this service.
9. Ownership of Licences for Software – provided by Communicat
Business software such as Microsoft Server Operating Systems, Microsoft SQL and Microsoft Office that is provided to the client subject to a monthly rental agreement shall at all times remain the property of Microsoft or other relevant licensor of the software.
10. Hours of operation
Hosting and support services are provided during regular business hours 8.30am – 5pm EST (Victoria, Australian time zone) and excluding public holidays for the State of Victoria. In most cases the hosted system will also be available for access outside regular business hours however support is only available within regular business hours.
Regular maintenance will be carried out by Communicat for system upgrades, maintenance, enhancement and backup. During these times the system will be unavailable for access by the client. In most cases maintenance will be scheduled to be undertaken outside business hours so as to minimise inconvenience to the client. In the unlikely event of an emergency whereby a service outage must take place during business hours the client will be given notice where possible.
11. Support response
If the client experiences a service interruption this should be advised by phone to (03) 9320 0000 or by email email@example.com. The target for service response will be two hours during regular business trading hours as defined herein. The target for restoration of service is four hours.
Communicat’s limit of liability in relation to the services described by this agreement shall be to the amount of three months hosting fees. Communicat will not be liable for any consequential losses, costs, or expenses which the client may incur.
This agreement is governed by the laws of the Commonwealth of Australia and the State of Victoria.
14. Intellectual Property
The customer must not infringe any person’s intellectual property rights (such as by using, copying or distributing data or software without the permission of the owner) in the process of using the services provided within this agreement. If the customer breaches this clause Communicat may suspend or cancel the service without notice.
Notices under this agreement may be provided in the form nominated by each party. Notices to Communicat may be made by email to firstname.lastname@example.org In the absence of the client providing any specific advice to the contrary all notices under this agreement will be provided by email to the client’s most recent email address for account rendering purposes. Alternatively the client may advise a preferred postal or fax address.
Any such notice shall be deemed to be received:
- In the case of an email, on production of an email header indicating delivery without error
- In the case of a fax, on production of a transmission control report indicating delivery without error
- In the case of delivery by post, at the expiration of 48 hours from time of posting (if sent to a local address) or 10 days from the time of posting if sent to an overseas address, notwithstanding that it may subsequently be returned through the post office unclaimed.