01 SEP 2012
1. ABOUT THIS AGREEMENT
1.1 Your (in this agreement referred to as "you", "your", "client" or "customer") use of the ibCom mydigitalstructure platform ("Service") provided by ibCom (in this agreement referred to as "us", "we" or "our") is subject to the terms and conditions of this agreement. Please read these terms and conditions carefully.
1.2 This agreement begins with your sign up and continues for at least one month until terminated by either party.
2. WHAT WE MUST DO
2.1. We must use our best efforts to provide you with the service and notify you by email of any variation to this agreement or the charges payable by you.
2.2. ibCom will permit you to use the service, provided you remain a paid up subscriber of mydigitalstructure and duly pays the fee in accordance with the level of service selected.
2.3. The service allows the user to attach files to information within the system. Unless agreed to otherwise in writting, total included data storage amount per space is 0.5Gb and increased storage is available for an additional fee of $11/0.5Gb.
2.4. We must make all reasonable efforts to ensure the continuity of the service. However we are not liable for negligence or breach of contract as a result of our failure to provide the service or any part of it, or for any problems with the service except to the extent, at our option, of resupplying the service to you or to paying for resupply of the service to you. We must comply with any Industry Code to which we subscribe.
2.4.1. All statutory or implied conditions and warranties are excluded to the extent permitted by the law.
2.4.2. To the extent permitted by law, liability under any condition or warranty which cannot legally be excluded is limited to resupplying the service to you or paying the cost of having the service resupplied to you.
2.6. We must perform scheduled maintenance to the service from time to time. We will attempt to perform all scheduled maintenance at times which will affect the least amount of users.
2.7. We will archive your data onto backup mechanisms on a regular basis for the purpose of disaster recovery. In the event of equipment failure or data corruption, we will restore from the last known good archive. In the event of corruption of all of our archives, or in the event that an old archive is used to restore data, you should be prepared to update your data. We will not be liable for incomplete, out of date, corrupt or otherwise deficient data.
3. WHAT WE MAY DO
3.1. There may be different fee structures ("membership") for the use of the Service. You are able to manage your membership as required.
All changes are effective at the end of the month. ibCom reserves the right to increase service costs.
3.2. If you breach any term or condition of this agreement, we may, without prejudice to our other rights including the right of termination, suspend your access to the service. In such circumstances you are not entitled to a credit or refund for loss of access during the suspension period.
3.3 If we have not received payment following a two week grace period, the service may be disabled. After 7 days overdue, the billing contact will be given a warning by eMail. After 14 days overdue, the user logon will be disabled. Your data will be retained for a period of three months. You can reactivate the service at any time once full payment of the outstanding amounts (including applicable data storage charges since disconnection).
3.4. We may delete any electronic mail message sent by you or addressed to you if at the time any electronic mail message passes through our email systems:
3.4.1. the size of the message (including attachments) exceeds 5 Megabytes;
3.4.2. the size of the message (including attachments) when multiplied by the number of recipients of the message exceeds 20 Megabytes;
4. WHAT YOU MUST DO AND WHAT YOU AUTHORISE US TO DO
4.1. You authorise us to disclose your credit card details to, and obtain information from, any financial institution or credit card issuer to verify the credit card details that you provide to us. You authorise us to take steps to verify that there is sufficient credit on your credit card account to meet likely fees.
4.2 You authorise us to charge your credit card with all fees incurred for use of the service. If we do not receive payment from your bank or card issuer or its agents for any reason, you agree to pay us all amounts due on demand
4.3. A minimum of $250 is required to pay on invoice, this can be made up by paying for service in advance.
4.4. You must take responsibility for the content of all data and its subsequent use.
4.5. If there is any claim against ibCom, its employees, agents or contractors, due to a breach of the your warranties, or otherwise attributable to your data, you must indemnify and hold ibCom harmless against all liabilities, losses, damages, costs and expenses (including legal fees and expenses) associated with, or arising out of, the claim. You must at ibCom request, defend or settle any such claim entirely at your own expense.
4.6. You indemnify us from and against all loss and damage incurred by any third party arising out of or in any way connected to the use of the Service by you or any other person using your user logon and password.
4.7. You will warrant that you conduct such tests and computer virus scanning as may be necessary to ensure that data uploaded by it onto or downloaded by it from the service does not contain any computer virus and will not, in any way, corrupt the data or systems of any person.
4.8. You are responsible for all equipment and software necessary to access the service as well as for the security and integrity of your data.
4.9. You are responsible for and must pay all charges incurred whilst connecting to the Internet for the purpose of accessing the service.
4.10. Your use of the Service is your responsibility and entirely at your own risk. We do not check the content of information available from the service, and we are not liable for loss or damage that you or anyone else suffers as a result of using this information including, but not limited to, any damage to, or loss of, data caused by a virus or similar program.
5. WHAT YOU MUST NOT DO
5.1. You must not send or disclose your user logon or password to anybody. You must not store your user logon or password in any form, whether coded or unencoded, in a location where it is capable of being read by anybody other than yourself.
5.2. You must not use the service for any activities which breach any laws, infringe a third party's rights, or breach any standards, content requirements or codes promulgated by any relevant authority including activities which will require us to take remedial action under any Industry Code to which we subscribe. You must not use the Ssrvice in a way that interferes with other users or defames, harasses or menaces anyone.
5.3. You must not novate, or assign any of your rights under this agreement to a third party.
6. ENDING THIS AGREEMENT
6.1. You may end this agreement at any time.
6.2. ibCom has the right to terminate this agreement or disable user logon if the service is used for illegal activity or no payment for service has been received.
6.3. The provisions of this agreement regarding indemnity and limitation of liability survive the termination of this agreement.
7. GENERAL CONDITIONS
7.1. We may novate or assign any of our rights and obligations under this agreement at any time by giving you reasonable notice.
7.2. We may vary any terms or conditions of this agreement at any time by giving one month's notice to you. Your continued use of the Service after such notice will constitute acceptance of the variation.
7.3. This agreement is governed by the law in force in the State of New South Wales, Australia, and the parties irrevocably submit to the non-e xclusive jurisdiction of the courts of New South Wales and courts of appeal from them for determining any dispute concerning this agreement.
7.4. Whilst all checks are made to ensure integrity within the system, ibCom does not warranty that the system is free of any errors in calculations or in information provided. ibCom does not accept liability for any loss and / or damage sustained as a result of decisions you have made based on calculations performed, or information provided within the ibCom system.