AVEVA Cloud Services Agreement

Hostway|HOSTING’s Intellectual Property includes any data relating to Hostway|HOSTING, the Hostway|HOSTING Services, or Hostway|HOSTING Systems, including (a) Internet Protocol addresses, Uniform Resource Locators, Web pages and other website data, (b) source codes, digital files, encryption keys, and digital certificates, (c) user identifications, account access, log-in information, and passwords, (d) usage data collected by Hostway regarding Client’s use of Hostway|HOSTING Services, and (e) all other data owned or controlled by Hostway. Renewal of service agreements are subject to potential price increases due to software licensing increases, data center power or data center space cost increases. Upon expiration of the Minimum Term, the Order Form will automatically renew for successive Renewal Terms until either Party terminates the Order Form, or the Client Account and the MSA in their entirety, in accordance with the termination provisions herein. And a Type 2 report provides a view of the vendor’s performance over a defined period, like the whole year, as opposed to a snapshot in time (which you get in a Type 1). Customer is solely responsible for obtaining the log files prior to deletion. Contingent upon Customer’s satisfaction of ATLANTIC. Some AWS Content and Third-Party Content may be provided to you under a separate license, such as the Apache License, Version 2. Because it is often very expensive and time consuming to choose a new Cloud provider, or an alternative to the Cloud, you should seek to include in the Cloud service agreement limits on future price increases.

Department of Health and Human Services, as they may be amended from time to time, 45 C. The prevailing party in any action to enforce this Agreement, including an action for equitable relief, may recover its costs and expenses of the action from the other party, including reasonable attorney fees. We may change, discontinue or add Service Level Agreements from time to time in accordance with Section 12. 4 Conditions. 2 Jurisdiction, Venue. Time estimates and authorizations are only valid for five (5) business days from the date provided, unless otherwise written by Metisentry. How will a cloud computing service contract differ from a traditional software purchase?

  • 2 Your Account.
  • One article cannot cover all cloud computing contract issues.
  • Metisentry reserves the right to omit (iii) for repeat offenders and/or accounts not kept in good standing.
  • Fees and Payment.
  • A deleted functionality could be one that you depend on, so a cloud computing contract should include a clause requiring the vendor to provide notice prior to discontinuing a feature or functionality of its service.

Services

(00) will be assessed for suspended Services and must be collected with the overdue Fees for the account to be reinstated. You may use AWS Confidential Information only in connection with your use of the Service Offerings as permitted under this Agreement. NO ADVICE OR INFORMATION GIVEN BY METISENTRY, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE A WARRANTY. “Confidential Information” shall include, without limitation: Initial payment is due upon activation of account. Additional consulting and specific support for LabCollector may be covered by separate fees for support/maintenance. This is expressed in terms of the duration between successive values stored by the Product.

23 "Personal Data" means any information relating to an identified or identifiable natural person. Clarity may prevent Customer from retrieving data stored in relation to the Service if any outstanding payments for service or other fees are due to Clarity. FROM YOU Except as otherwise provided herein, notices you send to us under this Agreement must be in writing and sent at your own cost either by email to [email protected] by registered post, return receipt requested, or nationally recognized courier with a signature required to the following address: Some enterprises are "de-clouding," or moving certain applications from the public cloud to private clouds or traditional IT, for reasons that include security, cost, and manageability.

Such required third party software notices and/or additional terms and conditions are located at https: Customer retains all right, title, and interest in and to the Customer Content. Contracts are no substitute for due diligence. Accelera shall provide reasonable assistance to Customer enabling it to retrieve any Customer Data within thirty (30) days after expiration of the Cloud Services term hereunder and provided that Customer has paid in full at said time any amount owed hereunder. Disposition of data: ClearDATA may suspend all Services if the charge to your payment card or ACH is refused, and you do not pay the amount due within 4 business days of our written notice to your billing contact. Client hereby also consents to Hostway|HOSTING charging Client the chargeback fee assed against Hostway|HOSTING from the credit card company for each credit card chargeback received by Hostway|HOSTING. The parties represent to each other that they have not entered into the Agreement in reliance on any statement other than those included in the Agreement.

1 Agreement Term.

Key Takeaways

The terms on either party’s purchase order or other business forms are not binding on the other party unless they are expressly incorporated into a formal written agreement signed by both parties. All authorized users must be identifiable by first and last name, place of employment or purpose for accessing Servers, a physical street address and telephone number, and an e-mail address. All time available may be used within one year of the order date. Accelera will provide Customer advance notice of a suspension under this Section 4 of at least twelve Business Hours unless Accelera determines in its discretion that a suspension on shorter or contemporaneous notice is necessary to protect Accelera or its other customers from imminent and significant operational or security risk. Indemnification. Currently available examples of the latter include those provided by: It is standard in the industry to offer indemnity for patent infringement, so your focus should be on how broad to make the indemnity language. “Acceptable Use Policy” means the policy located at http:

Amounts due under this Section shall be paid as incurred and may be offset against other amounts due under the Agreement. Prime free trial – register now! It is second most using hosting provider in India. Hostway|HOSTING may delete all content and data stored in any of Client’s spam folders, junk mail folders, and email accounts for 30 calendar days or more. Customer will be charged an insufficient funds fee for any returned check. For as long as any Transaction Document remains in effect, AVEVA will maintain, at its sole cost and expense, comprehensive general liability and property damage insurance in an amount not less than $1 million USD in the aggregate.

Reseller will not resell Metisentry Services for a cost less than Metisentry’s then-current list price. (Are there any fees?) ” Since it has been the EBS and RDS services rather than EC2 itself that has failed (and all the failures have been restricted to Availability Zones within a single Region), the SLA has not been breached, legally speaking. Google will post any modification to this Agreement to the Terms URL. Client will pay the Service Fees via the payment method indicated in the Order Form, which will be selected from one of the following: We may update the facsimile number or address for notices to us by posting a notice on the AWS Site. Metisentry provides the following SLA’s for responding to Client issues and requests, and critical monitoring alerts:

Post Navigation

Customer may not reverse engineer, decompile or disassemble any Accelera Provided Software. Does the contract say we own our data? 1 Unless other specified in the The initial term of the "Free Tier", it applies for a 1 year (12 month) introductory period. BroadAspect may post changes or modifications to be referenced policies ad guidelines without notice to you. By continuing to use the Service Offerings after the effective date of any modifications to this Agreement, you agree to be bound by the modified terms. To receive an SLA credit for any guarantee, Customers must open a Metisentry Billing Support Ticket from the Metisentry Portal, requesting an SLA Credit within 30 days of the incident in question.

Cloud computing contract terms that clearly define each party's rights and responsibilities will facilitate a more effective relationship between the institution and the service provider.

This restriction shall survive expiration or termination of the Agreement for a period of 12 months. Upon conclusion of work, as a proactive security precaution Metisentry recommends that Clients change all provided access credentials. Limited to one hour per month unless otherwise decided in Metisentry’s sole discretion. 1 Free Quota.

  • We and you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.
  • In counting the five hours or one hour repair or replacement window specified in the immediately preceding sentence any time required to rebuild a RAID array, reconfigure devices from their default settings or reload operating systems and applications is specifically excluded.
  • The consumer does not manage or control the underlying cloud infrastructure but has control over operating systems, storage, deployed applications; and possibly limited control of select networking components (e.)
  • User consents are in place.

Tools & Services

The service agreement should include provisions under which you are provided at least 90-days, and preferably 180-days, notice of the date your data will be locked or deleted. Customer authorizes Clarity to automatically bill and charge the credit card provided, if applicable, for each billing cycle up to five days prior to the start of the billing cycle unless the Service is terminated or cancelled by either party prior to the billing cycle's start date. Some institutions are attracted to cloud computing benefits such as rapid deployment, flexible scalability, and low initial start-up cost, while others are concerned about cloud computing risks such as those related to data location, level of service, and security infrastructure. Increases in Service Fees of $600 or more will require an amendment to the Order Form reflecting the change in scope of Professional Services. Customer must comply with the following during the term of these Terms and Conditions: Section 3 (Acceptable Use), 4 (Intellectual Property Ownership), 5 (Orders, Delivery, Payment and Taxes), 7 (Term and Termination), 9 (Disclaimer), 11 (Limitation of Liability), 12 (Confidential Information), 13 (General), 14 (Definitions), 15 (Provisions for Specific Data Centers), and the Privacy Policy will survive the termination of this Cloud Computing Agreement. Restrictions on Use. More people than you'd think.

9 This Agreement shall be binding on the successors-in-title and permitted assigns of the Client and on the successors-in- title and assigns of PROGENET. Have we researched other customers’ experiences? Location of data:

For example, providing a read-only catalogue for customers is fairly simple. All subscription renewals will be final and no refund is available regardless of the service plan term. (2) AGILEBIO reasonably believe the service has been accessed or manipulated by a 3rd party without consent.

If you reasonably and in good faith dispute any invoiced fee, and submit a reasonably detailed explanation of the dispute prior to the day the fee is overdue, ClearDATA will not exercise any rights or remedies available to it for non-payment for thirty days from your notice, provided that you cooperate with ClearDATA’s requests to resolve the fee dispute and you pay the undisputed part of the invoice before it is overdue.

Disaster Recovery And Backup

During the sixty day period Customer may terminate the term of the Services Description without any termination fee notwithstanding any other provision to the contrary. NET represents and warrants to Customer, and if Customer is not an individual, Customer represents and warrants to ATLANTIC. If you have a confidentiality clause in your agreement, pay close attention to the other standard clauses which may state, “this agreement supersedes any prior, written agreements and any other language or agreements related to the subject matter of this Agreement are null and void. Any changes to the customer’s service package shall be billed accordingly. When you sub-license that right, it becomes attached to the particular client. Why is 10web the perfect hosting provider for your university website?, this hosting service reduces costs university-wide by removing the need for a department to invest in Web server hardware and staff to manage it. 15 Definitions.

Term; Termination. You may also purchase time with our Managed Hosting department, which is a group of Systems Administrators and may be able to provide guidance. 1 without any further action required by either party. Identify the location of videos or tutorials, dates/times for training, and who can access the training. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. Client acknowledges that the Hostway|HOSTING Services and Third Party Products may be provided from the U. Any dispute resolution proceedings, whether in arbitration or court, will be conducted only on an individual basis and not in a class or representative action or as a named or unnamed member in a class, consolidated, representative or private attorney general legal action, unless both you and Inflectra specifically agree to do so in writing following initiation of the arbitration. Best email and domain hosting, next, search to see if it is available. No change request is a binding commitment by either you or ClearDATA unless it is agreed in a ticket.

Service Level Agreements

Termination by Clarity without Cause. While not specifically written for cloud computing, Article 6 of the existing University of California "Appendix — DS" serves as a helpful illustration of contractual language regarding vendor security breach obligations: Legal and Regulatory Requirements. What to Expect and What to Negotiate V2.

1 will be void. Deletion and retrieval of the Client's Content will be handled as set forth in the Privacy Policy. The arbitrator may render a summary disposition relative to all or some of the issues, provided that the responding party has had an adequate opportunity to respond to any such application for such disposition. Hostway|HOSTING has no responsibility to act as an arbiter, mediator or other authority in the event of a dispute over the ownership of the Client Account or domain name associated with the Client Account or any other dispute between Client and a third party (including Client’s current or former employees, contractors, agents or vendors). Client is required to use the Cloud Services in accordance with the provisions of this Agreement. BroadAspect may also charge you for an administrative fee for any returned checks or if your Payment Processor declines payment. But that definition doesn’t say whether the data gets fully anonymized or just “de-identified.

Customer covenants, on behalf of itself and its successors and assigns, not to assert against AVEVA, its Affiliates or licensors, any rights, or any claims of any rights, in any Products and Documentation, and Customer hereby voluntarily waives any right to demand from AVEVA, its Affiliates or licensors any rights to any Products and Documentation, except the rights which are expressly granted to Customer under the Agreement. Contact info, also, my site loads up real quick (may be due to the speed optimization I did.). The consumer does not manage or control the underlying cloud infrastructure including network, servers, operating systems, or storage, but has control over the deployed applications and possibly application hosting environment configurations. 1 (Changes to Online Terms) of this CCSA. Please see Section 14 for definitions of certain capitalized terms used in this Agreement. 10 Governing Law: Unless otherwise specified, all fees are stated without any applicable excise, sales, use, value, added, or other tax imposed upon the production, sales and/or delivery of Services, software or hardware provided hereunder.

The award may include equitable relief.

Indemnification

AGILEBIO will notify customers 60 days in advance of any material change to or discontinuation of API features and functionality. “Third Party Vendor” means a third party vendor who provides Hostway|HOSTING with Third Party Products to be, in turn, provided to Client by Hostway|HOSTING as part of, or in combination with, the Hostway|HOSTING Services. If the Product has been subscribed to on a Daily Active User Model basis, then during any calendar day (as measured in Coordinated Universal Time (UTC)), Customer's access to and use of the Product shall be limited to and not exceed the number of Daily Active Users set forth in the Transaction Document. 1 Data Protection: 1 to the Part 740 of the United States Export Administration Regulations, nor may Customer provide administrative access to the Cloud System to any person (including any natural person or government or private entity ) that is located in or is a national of any country that is embargoed or highly restricted under United States export regulations. Current pricing for the Hosted Applications is on Summit Hosting’s Website. Customer does not acquire any rights, express or implied, other than those expressly granted in the Agreement.

” Give examples of what would define a material breach, such as, “including but not limited to non-payment, breach of AUP, etc.

Negotiate Banded Pricing

In the event that Customer authorizes Application Hosting to be accessed by third parties, Customer acknowledges and agrees that Summit Hosting has no obligation to provide connectivity support to such third parties and further, that Summit Hosting has no obligation to prevent such third parties from accessing Customer’s Data and no responsibility or liability whatsoever if Customer Data is disclosed to such third parties or to any other person or party as a result thereof. If the Client sets up an Account for an organization, one must require that all Authorized Users of that Account keep confidential their login credentials. Client may terminate this MSA, a particular Order Form, or the Client Account in its entirety, only in accordance with the terms herein. Best vps hosting for developers, whether you are a beginner just starting your first website, amateur designer looking to try out the service and support of another hosting company, or an expert developer looking for hosting provider for your new project, there are a lot of options for you. 3 Exceptions to Limitations. Neither party may publicly use the other party’s logo or other trade or service mark without that party’s permission. The following Sections will survive expiration or termination of this Agreement: Any other amendments to the Agreement must be expressly done by formal writing and signed by both parties. 1 (Confidential Information).

The validity of the Agreement and the rights, obligations and relations of the Parties under the Agreement and in any dispute between them will be construed and determined under and in accordance with the substantive laws of the State of Texas, without regard to such state's principles of conflicts of law.