MyQuickCloud User Agreement
The terms and conditions set forth herein constitute the full and complete agreement between you and MYQUICKCLOUD. By using MyQuickCloud applications, services, website, web services or any other products or services of MYQUICKCLOUD (together the “MyQuickCloud Services”), you agree to be bound by the terms of this Agreement for the use of MyQuickCloud Services both past and present. The terms contained herein supersede and replace any other agreement or negotiation between you and MYQUICKCLOUD, whether oral, written or otherwise, including any statements made to you by any representative of MYQUICKCLOUD at any time with the sole exception of agreements physically signed by managing partners of MYQUICKCLOUD and delivered by hand, mail, or FAX.
MYQUICKCLOUD charges Service fees for the MyQuickCloud Services and Set-up/License fees as applicable for additional options. These fees are subject to change with 30 days notice. A list of current fees is available on the MyQuickCloud website. Unless otherwise specified in any offer or promotion, these fees published on the website are applicable to all transactions between you and MYQUICKCLOUD. Setup fees apply from the moment you place an order with MYQUICKCLOUD. Service fees apply from the moment the setup work is completed until Termination, (below) regardless of your use of the MyQuickCloud Services or whether your access has been suspended. Service fees will be due for a full month (or year if paying yearly) when users are added to or removed from the system in course of the month (or year). The charges will be charged to the payment method on file on the date the user is added to the system.
MYQUICKCLOUD reserves the right to offer subsequent promotional rates, which may or may not be more favourable than the terms under which you entered this Agreement. Any such periodic special rates shall not affect the then existing rights and responsibilities of each Party. MYQUICKCLOUD reserves the right to change the rate charged for any such fee under this Agreement upon 30 days notice. Promotional offers and special rates may not be combined.
To the extent that you qualify for any promotional offers or special rates offered by MYQUICKCLOUD, these terms and conditions may be modified by the terms and conditions of the promotion or special offer. In such a case, the terms and conditions of the promotion, to the extent they differ from the terms and conditions expressed herein, govern.
MYQUICKCLOUD specifically reserves the right to institute additional charges upon notice to you. MYQUICKCLOUD reserves the right to alter, change, amend or delete charges at its sole discretion. MYQUICKCLOUD further reserves the right to institute new services and charge fees in association with the provision of such new services as it deems appropriate. MYQUICKCLOUD does not charge for your use of software when you are using software licenses that you have purchased from a third party software manufacturer or their distributor. MYQUICKCLOUD charges for use of software that you lease through MyQuickCloud Services including any use of Microsoft Products with the MyQuickCloud Services cloud hosting options. In the event you believe that MYQUICKCLOUD has charged you in error, you must contact MYQUICKCLOUD’s customer services by email at email@example.com within 60 days after such charge. No refunds will be given for any charges older than 60 days.
2. PAYMENT OF FEES
Payment of Service Fees must be made by credit card (Visa, or MasterCard), or Paypal, or bank transfer (bank transfer is available only upon approval, additional fees apply) or other method at MYQUICKCLOUD sole discretion. Payment for all Services are due at the commencement of any service period, unless specifically stated otherwise in the offer or promotion pursuant to which you have ordered or are ordering the MyQuickCloud Services.
Payment by Credit Card or Paypal: prior to activation of your user account and at any applicable time thereafter you authorize MYQUICKCLOUD to charge the credit card or Paypal provided by you for the amount of the fees due for the agreed upon services, together with any applicable set-up charges, registration fees, bank transfer fees, or fees resulting from services provided in addition to or in excess of the previously agreed-upon limits, or any other charges outlined herein as may be applicable.
You further authorize MYQUICKCLOUD to perform like transactions for all subsequent service periods and other applicable fees on or during a reasonable period in advance of the commencement of any such subsequent period until such fees are collected. It is your responsibility to provide MYQUICKCLOUD with up-to-date credit card or payment method that is sufficient to pay all fees due to MYQUICKCLOUD when those payments are due. If for any reason the credit card or payment method you provided is insufficient to pay any fees at the commencement of any service period, MYQUICKCLOUD at its sole discretion will have the right to suspend and/or terminate your account under the TERMINATION section of this Agreement. Refusal or rejection of any charge or any portion thereof is grounds for account suspension and/or termination at the sole discretion of MYQUICKCLOUD under the TERMINATION section of this Agreement.
Refunds of Service Fees will not be made for pre-payment of Service Fees. MYQUICKCLOUD does not refund fees paid for the MyQuickCloud Services or software licenses. MYQUICKCLOUD may grant credits or refunds under any other circumstance it deems appropriate without waiving any other rights hereunder. MYQUICKCLOUD is not responsible for refunds of any fees paid by you to any third party or delivery of any services purchased by you from any third party. The party that MYQUICKCLOUD bills for use of the Services has the right to limit access to those Services. In case of disputes regarding access or usage of the MyQuickCloud services, MYQUICKCLOUD has the right to limit access to the MyQuickCloud Services at its sole discretion. If you pay for the MyQuickCloud Services through a reseller, terms for payments to resellers supersede this section with respect to payment terms.
3. ACCEPTABLE USE
You agree to use the MyQuickCloud Services in full compliance with the terms set forth below. You agree that you are solely responsible for the actions and behaviours of your users. Failure to comply may result in termination of your use of the MyQuickCloud Services. You agree not to:
- Violate the laws, regulations, ordinances or other such requirements of any applicable Federal, State or local government, or country you are connecting or using the MyQuickCloud Services from;
- Take any action which encourages or consists of any threat of harm of any kind to any person or property;
- Make or attempt any unauthorized access to any MyQuickCloud Services or Customer Data or disclose any such information without authorization;
- Attempt to install any software on any MyQuickCloud Services with a cloud hosting system without prior written authorization from MYQUICKCLOUD;
- Transmit any unsolicited commercial or bulk email, engage in any activity known or considered to be “spamming” and carry out any “denial of service” attacks on any website or internet service;
- Infringe any copyright, trademark, patent, trade secret, or other proprietary rights of any third party;
- Undertake any action which is harmful or potentially harmful to MyQuickCloud Services, MYQUICKCLOUD, or its infrastructure;
- Allow two or more users to share a single account and set of login credentials;
- Reverse engineer, decompile or disassemble the MyQuickCloud services and software you have been provided access to.
Payment and Ownership: Your payment for the MyQuickCloud Services used by a third party does not constitute your ownership of that party’s data and that you will provide a copy of that party’s data to that party on their written request as soon as practicable after receipt of such request.
4. SOFTWARE LICENSE AGREEMENTS
You agree to comply with software license agreements for software that you lease through MyQuickCloud Services with cloud hosting options, such as, but not limited to, Microsoft Office, and will pay for all use of any such applications.
You agree to comply with software license agreements for all software that you use with the MyQuickcloud Services but do not lease through MyQuickCloud Services, herein called “Manufacturer Licensed Software”. You attest that you are the legal owner of all license information that you have provided or will provide to MYQUICKCLOUD.
You grant MYQUICKCLOUD the right to signal your acceptance of license agreements for Manufacturer Licensed Software. You agree that such license agreements are strictly between you and the software manufacturer and that MYQUICKCLOUD has the right to signal acceptance, including your acceptance, of such software license agreements. You understand and accept that it is your sole responsibility to ensure that your use of Manufacturer Licensed Software with the MyQuickCloud Services is in compliance with all such software license agreements.
You understand and agree that MYQUICKCLOUD is not offering Manufacturer Licensed Software through the MyQuickCloud Services on an application service provider or time-sharing basis. In the case of the MyQuickCloud Services with cloud hosting options, MYQUICKCLOUD just leases the platform on which you use such software.
You grant MYQUICKCLOUD the right to share with the software manufacturer of the third party licensed software your respective license information including all license-related keys and numbers for all licensed software and all related services provided by the software manufacturer.
When using Manufacturer Licensed Software, including but not limited to Microsoft software licenses, you disclaim, to the extent permitted by applicable law, all warranties by such Software manufacturer, including but not limited to Microsoft, and any liability by such Software manufacturer, including but not limited to Microsoft, or its suppliers for any damages, whether direct, indirect, or consequential, arising from using the MyQuickCloud Services.
If leasing a Microsoft software licenses as part of the MyQuickCloud Services with cloud hosting options, you grant MYQUICKCLOUD the right to disclose your information as required for reporting to Microsoft under the terms and conditions required by the Microsoft SPLA program.
5. OWNERSHIP OF INTELLECTUAL PROPERTY
You acknowledge that MYQUICKCLOUD owns all right, title and interest in and to the MyQuickCloud Services and technology, and that you shall not acquire any right, title, and interest in or to the MyQuickCloud Services, technology or any customizations. You shall not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any software or documentation provided by MYQUICKCLOUD.
MYQUICKCLOUD acknowledges that you own all right, title and interest, including without limitation all trade secret rights, in and to your files and data while using the MyQuickCloud Services.
When using the MyQuickCloud Services with cloud hosting options, MYQUICKCLOUD uses commercially reasonable efforts to backup the data while on the cloud server provided and managed by MYQUICKCLOUD. In the event of termination, you take full responsibility for retrieving your data from the cloud server provided by MYQUICKCLOUD during the period available before the expiry of your account. For computers/servers/devices not provided and managed by MYQUICKCLOUD, you take full responsibility for backing up your data. The MyQuickCloud Services do not provide backups for hosts/computers/servers/devices that MYQUICKCLOUD has not provided and managed.
6. PRIVACY AND CONFIDENTIALITY
MYQUICKCLOUD makes every reasonable effort to maintain the confidentiality of the Customer data that is transferred to, created on, and modified using the MyquickCloud Services. These efforts include but are not limited to encryption, username-based authentication, access control lists, and user rights restriction. You may at your discretion encrypt or password-protect data on the cloud servers provided and managed by MYQUICKCLOUD, using encrypted ZIP files, etc. MYQUICKCLOUD will provide access to such hosted data only to those users you authorize (by username) and to MYQUICKCLOUD support personnel. MyQuickCloud will not disclose hosted data to any other party except as required by law. Ownership of your hosted data remains exclusively with you and no rights to said data are transferred to MYQUICKCLOUD unless so agreed separately. MYQUICKCLOUD will not retain hosted data beyond the latter of either the end of the backup retention period (30 days) for said data or the termination of the last account associated with said data. You are responsible for verifying the integrity of your hosted data at least every 30 days.
You are solely responsible for ensuring that your login information is utilized only by you. Your responsibility includes ensuring the secrecy and strength of your passwords. MYQUICKCLOUD shall have no liability resulting from the unauthorized use of your login information. If you use weak passwords or do not change your password frequently, you increase the risk of your password being discovered by unauthorized parties. If login information is lost, stolen, or used by unauthorized parties or if you believe that your data has been accessed by unauthorized parties, it is your responsibility to notify MYQUICKCLOUD to request the login information be reset or unauthorized access otherwise be prevented using the MyQuickCloud services. MYQUICKCLOUD will use commercially reasonable efforts to carry out such requests as soon as practicable after they are received.
The agreement will be effective as of the date of your acceptance thereof or as of the date of your first use of any of MyQuickCloud services, and will remain effective until terminated by either party.
For any reason set forth herein or in the event that you breach any term of this agreement, MYQUICKCLOUD may suspend or terminate your account by deactivating any access to any information contained on the cloud servers provided and managed by MYQUICKCLOUD related to your account as well as suspend your usage of the MyQuickCloud Services. Suspension hereunder shall specifically include the disabling of your access to MyQuickCloud Services or any access to information or data related to your account. Service charges will continue to accrue on suspended accounts and you continue to remain responsible for the payment of any such charges during the period of suspension. MYQUICKCLOUD reserves the right to terminate your account forthwith and without notice for any breach of this Agreement.
In the event of termination, you take full responsibility for retrieving your data from the MyQuickCloud cloud hosting servers during the period provided to you for retrieval, which is the time left on your account from the last payment received and/or until your account has expired, after the specified period we charge a data restoration fee. You also take full responsability for retrieving your data from any other computer/host/server/device that you used the MyQuickCloud Services to access.
Either party may terminate this Agreement immediately and without further notice for cause. Cause for immediate termination exists (a) if any payment for MyQuickCloud services, including renewals is more than seven (7) days overdue. (b) in case of any material breach of any of the provisions of this Agreement that is not cured within seven (7) days of the breaching party receiving notice thereof from the non-breaching party, or (c) any breach of the provisions of the ACCEPTABLE USE section of this Agreement.
If your use of the MyQuickCloud Services is paid for by or through a third party, you understand and agree that the third party has the right to have your account suspended or terminated at any time for any or no reason and that their failure to pay for services that you use could result in termination or suspension of your access to the MyQuickCloud services and/or your hosted data in case of the MyQuickCloud Services with cloud hostng options.
Any notice under this Agreement given by MYQUICKCLOUD to you shall be via email at the address provided by you to MYQUICKCLOUD at the commencement of this Agreement or as MYQUICKCLOUD is subsequently advised. Notice to you at this address is deemed sufficient regardless of your receipt of such email.
You warrant that the email information you have provided to MYQUICKCLOUD is and will remain accurate. You agree that you will inform MYQUICKCLOUD of any changes to it within 15 days or keep your MyQuickCloud services profile up to date .
Any notice under this Agreement given by you to MYQUICKCLOUD shall be via email at firstname.lastname@example.org. Notice to MYQUICKCLOUD by email is deemed sufficient only upon confirmation from an employee of MYQUICKCLOUD by email receipt. Notice given by you to cancel the MyQuickCloud Services shall be via email no less than 7 days prior to your renewal period.
10. WARRANTEES; LIMITATIONS OF LIABILITY
MYQUICKCLOUD makes every reasonable effort to maintain operation of its services. However because many events and circumstances are beyond the control of MYQUICKCLOUD, MYQUICKCLOUD does not in any way warrant or otherwise guarantee the availability of the MyQuickCloud Services, system or servers and is not responsible for any delay or loss of data, lack of connection, slow connection, or any other such issues whether due to the active or passive negligence of MYQUICKCLOUD. MYQUICKCLOUD may, at its sole discretion, limit or deny access to its services and servers, if, in the judgment of MYQUICKCLOUD, such limitations or denials of access are required to assure the security of the network, the integrity of the network structure, or to prevent damage to the network, the software or the data stored on the MYQUICKCLOUD servers.
MyquickCloud Services are provided to you on an “as is” basis, and without any warranty of any kind, whether express or implied, including, but without limitation, any implied warranty of merchantability, or fitness for a particular purpose.
Information obtained by you from the Internet may be inaccurate, offensive or in some cases even illegal. With the exception of the content found on the MYQUICKCLOUD website, MYQUICKCLOUD has no control over information contained on the Internet. MYQUICKCLOUD, therefore, accepts no responsibility for any information which you may receive from the Internet or links to 3rd party websites. You accept full responsibility to verify the truth and accuracy, legality and ownership of the information that you obtain from the Internet as well as the reputation of the individuals with whom you may deal. MYQUICKCLOUD provides no warrantee for any goods or services which you obtain over the Internet, nor the compatibility of any such services with the MyQuickCloud services.
In the event of MYQUICKCLOUD being in breach of any of its obligations towards you under these Terms and Conditions, MYQUICKCLOUD will accept liability to pay damages only to the extent laid below:
MYQUICKCLOUD can only be held liable for direct damages resulting from an attributed failure to perform its obligations under these Terms and Conditions. Direct damages in this respect exclusively mean all reasonable costs incurred by you in order to:
- (I) Have MYQUICKCLOUD perform its obligations under the Terms and Conditions or
- (II) Prevent or limit such costs.
You agree to fully defend and indemnify and hold harmless MYQUICKCLOUD, its officers, directors, agents and employees, in their official and personal capacities, of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorneys fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any violation or claimed violation of any copyright or other intellectual property right of any third party which is in any way related to your use of the MyQuickCloud Services or any portion thereof. Choice of counsel remains exclusively that of MYQUICKCLOUD.
You agree that upon the assignment of your login information such as a username and password that you will maintain the confidentiality of your account information and assume all responsibility of and from any loss, theft or other destruction of any data as the result of any access to your account via the use of your login information. You further agree to defend and indemnify and hold harmless MYQUICKCLOUD of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorneys fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any claim for damages in any way related to the disclosure of your confidential login information. Choice of counsel remains exclusively that of MYQUICKCLOUD.
12. FORCE MAJEURE / WITHDRAWAL FROM BUSINESS
Either party to this agreement shall be excused from any delay or failure in performance hereunder caused by reason of any occurrence or contingency beyond its reasonable control, including but not limited to, acts of God, earthquake, labour disputes and strikes, riots, war, and governmental requirements. The obligations and rights of the party so excused shall be extended on a day-to-day basis for the period of time equal to that of the underlying cause of the delay.
In addition to any event of force majeure as described in the foregoing paragraph, MYQUICKCLOUD may also terminate this Agreement in the event that MYQUICKCLOUD elects, at its sole discretion, to cease doing business in the United States and/or United Kingdom or any other country where MyQuickCloud services are provided for economic reasons or for any other reason whatsoever. Customers who, at the time MYQUICKCLOUD ceases doing business in the United States and/or United Kingdom or any other country where MyQuickCloud services are provided, are taking advantage of any MyQuickCloud Services offer for paid or free services or any other services that were intended to go beyond the date of cessation may not recover any damages from MYQUICKCLOUD (or any of its affiliated entities) in the event that they incur costs and expenses related to the cessation of the services, nor do such customers have, nor may they bring, any claim for repayment of such costs and expenses, including without limitation, fees paid for the balance of time remaining with respect to any MYQUICKCLOUD offer of services.
This agreement and the rights hereunder is not assignable or transferable except that MYQUICKCLOUD may freely assign any or all of its rights hereunder to any person or entity who shall become a principal owner, or shareholder of MYQUICKCLOUD, or to any affiliated company or successor in interest of MYQUICKCLOUD. Any other attempted transfer or assignment of rights hereunder shall be null and void ab initio.
If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of this Agreement shall remain in full force and effect.
15. TRADEMARKS AND COPYRIGHT
MYQUICKCLOUD and MyQuickCloud’s trademarks, websites, corporate names, trade names, domain names, logos, and service marks (“Marks”) are the property of MYQUICKCLOUD. You are not permitted to use or display any of the Marks without the prior written consent of MYQUICKCLOUD.
Third party trademarks are the property of their respective owners.
You acknowledge that content, including but not limited to the services, text, software, music, sound, photographs, video, graphics or other material contained on or with MyQuickCloud Services, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You are permitted to use this Content only as expressly authorized by MYQUICKCLOUD. You may not copy, reproduce, distribute, or create derivative works from this content without express written authorization by MYQUICKCLOUD.
16. NO AGENCY
Nothing contained herein shall be interpreted as creating an agency, partnership or joint venture between MYQUICKCLOUD and you.
MYQUICKCLOUD may without advance notice amend this Agreement from time to time, and will do so by posting the new Agreement on the MYQUICKCLOUD website in place of the old. Each and every such amendment shall be become effective immediately for users of MYQUICKCLOUD including but not limited to all pre-existing and future accounts. It is your responsibility to periodically check the MYQUICKCLOUD website for updates of this Agreement.
Entire Agreement: These Terms and Conditions together with the End User License Agreement constitute the entire agreement between you and MYQUICKCLOUD with respect to the subject matter of this agreement, and will supersede and replace all prior understandings and agreements, in whatever form, regarding the subject matter.
Our failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.
Applicable law and competent Court: The agreement shall be governed by and construed in accordance with the laws of the United Kingdom without giving effect to the conflict of laws or provisions of the United Kingdom or your actual state or country of residence, and without prejudice to the applicable mandatory laws of your country of residence. Any legal proceedings arising out of or relating to agreement will be subject to the jurisdiction of the courts of the United Kingdom.
Language: The original English version of this agreement may have been translated into other languages. In the event of inconsistency or discrepancy between the English version and any other language version of this agreement, the English language version shall prevail.