Terms of Use, Acceptable Use Policy, Customer Agreement & Privacy Policy
You should regularly refer to www.nexisict.com for the Terms of Use,
Acceptable Use Policy, Customer Agreement and Privacy Policy and other relevant
information regarding the use and subscription of hosted and professional services
provided by Nexis ICT Pty. Ltd. If you do not
agreement you should cancel your subscription immediately and cease using the
service. By using services provided by Nexis ICT you
agree to be legally bound by the conditions detailed below.
For additional information please
email: support@nexisict.com
1 TERMS OF USE
1.1 DEFINITIONS
1.1.1 For the purpose of clarity
throughout this document, Terms have the following meaning:
• Nexis ICT Pty. Ltd. is the trustee for Nexis
ICT Unit Trust with the ABN: 33 492 769 796
• a
reference to “‘Nexis ICT” is a reference to Nexis ICT Pty. Ltd., our distributors, resellers, agents,
licensor's or any party offering or providing Services by Nexis
ICT Pty. Ltd.
• a reference to a “Customer” is any subscriber or user of a
Service provided by Nexis ICT
• any
reference to “Service” or “Services” is any product or solution provided,
hosted or published by Nexis ICT including but not
limited to the website, hosting platform, Remote Desktop or the material
contained on it including configurations, computer code, software and systems.
It includes the website and/or any of the linked websites
• any
reference to “Subscription”, “Subscribe”, “Subscriber” and “Subscribing” is an
unauthenticated connection or authenticated login to a Service provided by Nexis ICT
• any reference to “Terms” is collectively these Terms of Use,
the Acceptable Use Policy, the Customer Agreement and the Privacy Policy.
1.2 OVERVIEW
1.2.1 These Terms make up a legal
agreement between the Customer and Nexis ICT. By
Subscribing to Services provided by Nexis ICT the
Customer has accepted these Terms. Furthermore, the Customer agrees to comply
with all applicable laws and regulations. If the Customer does not agree to the
Terms, the Customer should not use Nexis ICT Services
or Solutions.
1.2.2 Nexis
ICT may change all or any part of the Services and the Terms and any other
information without notice.
1.2.3 If a Customer Subscribes to the
Services after Terms are updated, the Customer will be considered to have
accepted the revised Terms.
1.2.4 Information accessible on the
website and Services is copyright © 2021 Nexis ICT
and/or other copyright owners.
1.3 USE THE SERVICE
1.3.1 Generally
• The
Customer may not use the Services for any purpose other than as agreed and set
out in the Terms
• The
Customer may not modify or copy the Services.
• Nexis ICT reserves all intellectual property rights,
including, but not limited to, copyright in material and/or services provided
by it. The material provided on the Services may not be:
·
re-sold and/or re-distributed in any material form;
·
stored in any storage media; and/or
·
re-transmitted in any media without prior written consent
or otherwise in accordance with these Terms as varied by Nexis
ICT Pty. Ltd. from time to time.
1.4 COPYRIGHT AND TRADEMARKS
1.4.1 This Services contain copyright
material, brand names and other trademarks, logos and service marks that are
protected by law. The Customer must assume that all names and logos are the
property of Nexis ICT Pty. Ltd. or a third party, and
that all content on this site is subject to copyright. Except as expressly
authorised, the use of any material on this site (including reproduction,
modification, distribution, republication, display or communication of any
kind) is strictly prohibited.
1.5 THIRD PARTY SITES
1.5.1 Services may provide links to
third party websites and access to content, products and services of third
parties. Nexis ICT is not responsible for any third
party content provided or the operation, security levels, or any other aspect
of any third party sites. Links are provided solely for your convenience and do
not indicate Nexis ICT ‘s endorsement of any third
party sites or the products or services provided, advertised or otherwise
mentioned on those sites.
1.5.2 Nexis
ICT is making the Services available for others to publish information without
assuming a duty of care to users. Nexis ICT is not in
the business of providing professional advice and gives no warranty, guarantee
or representation about the accuracy, reliability or timeliness or otherwise,
of the information contained on Services.
1.5.3 To the full extent permitted by
law Nexis ICT disclaims any and all warranties,
express or implied, regarding:
• the accuracy, reliability, timeliness or otherwise of any
information contained or referred to on the Services;
• the accuracy, reliability, timeliness or otherwise of any
information contained or referred to in written or verbal correspondence; and
• merchantability or fitness for any particular purpose for
any Service
1.5.4 Nexis
ICT will not be liable under any circumstances for any loss of profits or any
damages of any kind recognised by law (even if it has been advised of the
possibility of such loss of profits or damages) which are the consequence of
the Customer:
• acting, or
failing to act, on any information published, contained on or referred to on
the Service;
• acting, or failing to act, on any information provided
verbally or published (be it written or electronic); and
• using or
acquiring, or inability to use or acquire, any Service offered by Nexis ICT.
1.5.5 Nexis
ICT does not warrant guarantee or make any representation that:
• that Services are free of software viruses;
• the functions contained in any software contained on the
Services will operate uninterrupted or are error-free; and
• errors and defects in the Services will be corrected.
1.5.6 Nexis
ICT is not liable for:
• errors or omissions in the Services;
• delays to, interruptions of or cessation of the Services;
and
• defamatory, offensive or illegal conduct of any user of the
Services whether caused through Nexis ICT’s
negligence or through any other cause.
1.5.7 The Customer agrees to accept
the full cost of any necessary repair, correction and maintenance of any of the
Customers computer software or hardware, which may be necessary as a
consequence of accessing the Services.
1.6 MONITORING
1.6.1 Nexis
ICT maintains the right but not the obligation to monitor the content of the
Services to determine compliance with the Terms. Nexis
ICT has the right in its sole discretion to edit, refuse to post or remove any
material submitted to or posted using the Services. The Customer is solely
responsible for any information posted, transmitted or otherwise made
available. The Customer acknowledges and agrees that Nexis
ICT does not have any liability for any action or inaction with respect to any
conduct, communication or posting on these Services.
1.7 DISCLAIMER OF WARRANTY AND
LIMITATION OF LIABILITY
1.7.1 Although Nexis
ICT has attempted to provide accurate information on this website and though
other correspondence, information may contain technical inaccuracies or
typographical errors. The contents of any documents are believed to be current
and accurate as at their publication dates. Nexis ICT
assumes no responsibility for the accuracy of the information. Nexis ICT may change the Services referred to at any time
without notice.
1.7.2 THE SERVICES OFFERED INCLUDING ALL CONTENT, MATERIALS, INFORMATION,
PRODUCTS AND SERVICES ARE PROVIDED ‘AS IS’ WITHOUT ANY REPRESENTATION OR
WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH
RESPECT TO THEM. EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE DISCLAIM ALL
WARRANTIES INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PURPOSE
AND NON-INFRINGEMENT.
1.7.3 NEXIS ICT SHALL NOT BE LIABLE TO THE CUSTOMER OR THE CUSTOMERS SUPPLIERS
FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY
DAMAGES INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL,
DATA, EXCESSS DATA, REVENUE, DAMAGE TO REPUTATION OR BUSINESS INTERRUPTION EVEN
IF SUCH LOSS OR DAMAGE WAS REASONABLY FORESEEABLE.
1.7.4 To the full extent permitted by law Nexis ICT’s
liability for any implied warranty or condition is limited, at our choice, to
one or more of the following:
• If the
breach of an implied warranty or condition relates to services:
• the supply of the services again; or
• the payment of the cost of having the services supplied
again; and
• if the breach of an implied warranty or condition relates to
goods:
• the replacement of the goods or the supply of equivalent
goods;
• the repair of such goods; or
• the payment of the cost of replacing the goods or acquiring
equivalent goods, or having the goods repaired.
In any event, Nexis
ICT's Liability cannot in any circumstance calculate to more than the
Customer's previous month's hosting invoice.
1.8 INDEMNITY
1.8.1 The Customer agrees to
indemnify Nexis ICT against any loss, damage, claim,
proceeding and cost (including all legal costs on an indemnity basis),
including as a result of a third party claim against Nexis
ICT, arising out of:
• the use or attempted use (including fraudulent use), by the
Customer (or anyone with access to your account) of the Services;
• excess data as a result of subscribing to or consuming
services;
• any
information, data, images, graphics or material produced, stored, transmitted,
accessed, downloaded or used by the Customer or any other person using the
Services; and
• any breach by the Customer of the Terms.
1.9 USE OF INFORMATION GATHERED
1.9.1 Nexis
ICT may gather and process the personal information which the Customer provides
when accessing the Services, such as a name, address, e-mail address and other
personal information; and
• regarding
the way in which the Customer uses the Services including, without limitation,
information acquired through the use of “cookies” delivered to a computer when
accessing the Services.
• Nexis ICT will comply with the Australian Privacy legislation
in respect to collection, storage and use of personal information. Please refer
to the Privacy Policy for details of how Nexis ICT
collects, stores and uses personal information.
1.10 APPLICABLE LAW
1.10.1 This agreement and all claims
relating to it are governed by the State of Victoria, Australia.
2 ACCEPTABLE USE POLICY
2.1.1 This Acceptable Use Policy
(Policy) sets out certain additional obligations of the Customer when using the
Services under the Nexis ICT Customer Agreement. Any
capitalised terms not defined in this Acceptable Use Policy have the meaning
given to them in the current version of the Nexis ICT
Customer Agreement
2.2 GENERAL POLICY STATEMENT
2.2.1 The Customer must not (and must
ensure that any person using the Services (User) does not) use or attempt to
use the Services in any manner that violates:
• any applicable local, state, federal or international law
(including, without limitation, the Spam Act 2003 (Cth)
(Spam Act) and the Copyright Act (1968 (Cth)); or
• the rights
of any third party (including, without limitation, infringement of copyright,
trademark, or other intellectual property right, misappropriation of trade
secrets, electronic fraud, invasion of privacy, pornography, obscenity and
libel)
2.2.2 The Customer must not (and must
ensure that any User does not) in the course of using the Services engage or
attempt to engage in any activities that:
• involve
the unauthorized use of any machine or network, denial of service attacks,
falsifying header information or user identification information, monitoring or
scanning the networks of others; or
• introduces
or allows the introduction of any virus, worm, Trojan horse, zombie, key logger
or other malicious code into the Services or any Network.
2.2.3 For the purpose of clause
2.2.2, interference or disruption includes, without limitation, distribution of
unsolicited advertising or chain letters, repeated harassment of other Network
users, impersonating another such user, falsifying one’s network identity for
improper or illegal purposes, sending unsolicited bulk emails or calls,
continuing to send someone email after being asked to stop, propagation of
computer worms and viruses, mail bombing and “flashing” and using a Network to
gain unauthorised entry to any other machine accessible via a Network.
2.3 SPAM
2.3.1 In this clause, “spam” includes
one or more unsolicited commercial electronic messages with an Australian link
for purposes of the Spam Act, and derivations of the word “spam” have
corresponding meanings.
2.3.2 The Customer may not use the Service to:
• send,
allow to be sent, or assist in the sending of spam;
• use or
distribute any software designed to harvest email addresses; or
• otherwise breach the Spam Act or the Spam Regulations 2004 (Cth).
2.3.3 Nexis
ICT may suspend the Services in the following circumstances:
• if the
Services are being used to host any device or service that allows email to be
sent between third parties not under the Customer’s authority and control; or
• if the
Customer or any User is in breach of clause 2.2.2, provided however that Nexis ICT will first make reasonable attempts to contact
the Customer and give the Customer the opportunity to address the problem
within a reasonable time period (having regard to the severity of the problems
being caused by the open service or breach referred to above.
2.3.4 The Customer must use its
reasonable endeavours to secure any device or network within the Customer’s
control against being used in breach of clause 2.2.2 by third parties,
including where appropriate:
• the installation and maintenance of antivirus software;
• the installation and maintenance of firewall software; and
• the application of operating system and application software
patches and updates.
2.3.5 Nexis
ICT’s right to suspend the Customer’s account applies regardless of whether the
open service is provided or the breach is committed intentionally, through
misconfiguration, or by other means not authorised by the Customer including
but not limited to through a Trojan horse or virus.
2.3.6 In accordance with its responsibilities under the Spam Act and the
Internet Industry Association Spam Code (Spam Code), Nexis
ICT may:
• restrict
the Customer’s ability to forward emails;
• limit the
Customer’s access to the Service to a closed user group relevant to its use of
the Service;
• scan Nexis ICT allocated IP address ranges to detect open or
otherwise misconfigured mail and proxy servers and suspend the Service if the
Customer fails to rectify any problem found within a reasonable period
following receipt of a notice from Nexis ICT; and
• require
the Customer to take all necessary actions to comply with, or which assist Nexis ICT to comply with, the Spam Act or the Spam Code.
2.4 CONTENT PUBLISHING
2.4.1 The Customer must not publish
material that is or would be classified by the Classification Board as RC or X
rated via websites, email, newsgroups or other publishing mediums accessible
via the Services.
2.4.2 The Customer must take appropriate precautions to prevent minors from
accessing or receiving any content the Customer has published that may be
inappropriate for them. This includes implementing a restricted access system
on content that is or would be classified by the Classification Board as R
rated.
2.5 CUSTOMER EQUIPMENT
2.5.1 The Customer is responsible for
ensuring in relation to any Customer Equipment that:
• the Customer Equipment complies with any applicable ACMA
code or other applicable specification required for safe and proper use;
• use of the Customer Equipment will not infringe any law or
third party rights (including without limit any intellectual property rights);
• the
Customer Equipment is operated by operators familiar with the Customer
Equipment and instruction manuals and in accordance with published
specifications and manufacturers’ guidelines; and
• the
operating environment conforms to the published specifications and requirements
of the Customer Equipment, including stable, spike-free electricity supply, air
conditioning, service clearances, cable runs, and complies with any relevant
occupational health and safety requirements.
2.5.2 Subject to compliance with the
Customer’s usual security and access arrangements (if applicable and absent any
Emergency), the Customer will provide Nexis ICT and
any of its authorised representatives with full, free and safe access to the
Customer Equipment and any Nexis ICT Equipment or any
property owned by another Provider located at the Customer’s Premises or any
other location under the direction or control of the Customer, to the extent
required to enable Nexis ICT or any Provider to
provide the Services.
2.6 BREACH OF THIS POLICY
2.6.1 If the Customer or any User
uses the Service in a way that Nexis ICT, in its
absolute discretion, believes breaches this Policy, Nexis
ICT may take any action it deems appropriate to respond to such a breach.
2.6.2 Actions that Nexis ICT may take pursuant to
clause 2.6.1 include (but are not limited to):
• temporary or permanent removal of content and content publishing
capabilities;
• filtering
of Internet transmissions;
• immediate suspension or termination of all or any part of
the Service;
• gather
information from the Users involved and the complaining Customer, if any, and
examine transmissions and material on its servers and any Network;
• cooperate
with law enforcement authorities in the investigation of suspected criminal
violations and the system administrators at Providers or any other service
provider.
2.6.3 Nexis
ICT may by notice to the Customer elect to give the Customer 24 hours (or such
longer period specified in the notice) to remedy any breach of this Policy,
before taking any action pursuant to clause 2.6.2.
2.6.4 Nexis ICT is not obligated to monitor the
Customer’s or any User’s use of the Services (including any content posted,
disseminated or accessed by the Customer or any User), but reserves the right
to do so to:
• identify
any breach of this Policy;
• enforce
this Policy;
• protect
any other Network users, Network services or Network equipment; and
• cooperate
with law enforcement authorities in the investigation of suspected criminal
violations and the system administrators at Providers or any other service
provider. Such cooperation may include Nexis ICT
providing the username, IP address or other identifying information about a
User.
2.7 TERMINATION OF ACCESS
2.7.1 Nexis
ICT may terminate access to the Services at any time without giving any
explanation or justification for the termination of access, and Nexis ICT has no liability for any costs, losses or damages
of any kind arising as a consequence of terminating access to the Services.
2.8 INTELLECTUAL PROPERTY RIGHTS
2.8.1 All logos, icons, brand names
or service names that identifying the owner and operator of this Service are
copyright property or trademarks or service marks of Nexis
ICT. All other trademarks or service marks on the Services are the property of
their respective owners. The Customer must obtain written permission before reusing
any copyrighted material that is published by the Services. Any unauthorised
use of the materials appearing on the Services may violate copyright, trade
mark and other property rights or legal protections and could result in
criminal or civil penalties.
2.9 UPLOADING INFORMATION
2.9.1 The Customer represents and
warrants in relation to any material and/or information that the Customer
provides to the Service that:
• the customer is authorised to provide the material and/or
information;
• the material and/or information is not defamatory or a
malicious falsehood in relation to any product, service, person or corporation;
• the material and/or information is not the “passing off” of
any product or service and does not constitute unfair competition or infringe
the rights of any person or corporation;
• the
material and/or information does not infringe any intellectual property right
including, but not limited to, trademarks, service marks or business names
(whether registered or unregistered), confidential information and copyright;
and
• the
material and/or information does not infringe any legislation or regulations of
the Commonwealth of Australia and the State of Victoria including, but not
limited to, the Competition and Consumer Act 2010 (Cth)
and the Australian Consumer Law (ACL) and any other parliament competent to
legislate in relation to the Services or any law in any country where the
material and/or information is or will be available electronically to users of
the Services.
2.10 LICENCE TO USE INTELLECTUAL
PROPERTY
2.10.1 By uploading any material that
is protected by intellectual property rights including, but not limited to,
copyrighted works and material other than works, trademarks and service marks
(Intellectual Property) on to the Services, the Customer is granting Nexis ICT a perpetual, non-exclusive and payment-free
licence throughout the world to:
• reproduce,
use and exploit the Intellectual Property, as part of the Services, to the full
extent permitted by Intellectual Property law in any jurisdiction in which the
Service is available to users; and
• allow Nexis ICT to sub-licence others the same rights granted to Nexis ICT above.
2.11 REMOVAL OF INFORMATION
2.11.1 In relation to any material
and/or information included on the Services, Nexis
ICT may remove any material and/or information, including but not limited to
links to other sites on the Internet, at any time without giving any
explanation or justification for removing the material and/or information.
2.12 LIMIT OF LIABILITY
2.12.1 Nexis
ICT and its respective officers, employees and agents have no liability for any
costs, losses or damages of any kind, which the Customer may incur, arising
whether directly or indirectly. This applies:
• in relation to or in connection with any material and/or
information supplied in respect of advertising by the Services;
• as a consequence of removing any material and/or information
from the Services; and
• to the temporary suspension or cancellation of the Service.
2.13 INDEMNITY
2.13.1 The Customer will at all times
indemnify and keep indemnified Nexis ICT and Nexis ICT’s respective officers, employees and agents
(Those Indemnified) from and against any loss (including reasonable legal costs
and expenses) or liability incurred by any of Those Indemnified arising from
any claim, demand, suit, action or proceeding by any person against any of
Those Indemnified where such loss or liability arose out of, in connection with
or in respect of:
• any breach of these Terms of Use by the Customer; and
• publication of or distribution of the material and/or
information supplied by the Customer.
2.14 USE OF PERSONAL INFORMATION
GATHERED
2.14.1 Nexis
ICT may gather and process information:
• which the Customer may provide when accessing the Services,
such as a name, address, e-mail address and other information about you; and
• regarding
the way in which the Customer uses the Services including, without limitation,
information acquired through the use of “cookies” delivered to a computer when
the Customer accesses the Services.
• Nexis ICT will comply with the Australian Privacy
legislation in respect to the collection, storage and use of personal
information. Please refer to our full Privacy Policy for details of how Nexis ICT collects, stores and uses the personal
information.
2.15 RELEVANT JURISDICTION
• If any part of these Terms is found
to be void, unlawful, or unenforceable then that part will be deemed to be
severable from the balance of these Terms and the severed part will not affect
the validity and enforceability of any remaining provisions.
• These
Terms will be governed by and interpreted in accordance with the law of the
Victoria of Australia, without giving effect to any principles of conflicts of
laws.
• The
Customer agrees to the exclusive jurisdiction of the courts of the Victoria of
Australia to determine any dispute arising out of these Terms of Use.
3 CUSTOMER AGREEMENT
3.1 SERVICES
3.1.1 As defined in the Definitions
of the Terms of Use, Service or Services is any product or solution provided,
hosted or published by Nexis ICT including but not
limited to the website, hosting platform or the material contained on it
including configurations, computer code, software and systems. It includes the
website and/or any of the linked websites
3.1.2 All services are subscribed to on a per calendar month usage basis
3.1.3 Nexis ICT do not offer pro-rata of monthly
subscriptions. Services enabled at the start of a calendar month are assessed
as being consumed independent of whether a customer uses them.
3.2 SIGN UP
3.2.1 When the Customer subscribes
for Services, Nexis ICT will create an account and
the provision the services. Nexis ICT will then grant
the Customer the right to access and use the services in accordance with the
Terms.
3.2.2 When the Customer subscribes, the Customer will liable for the Services
which are used. In doing so, the Customer authorises Nexis
ICT automatically to charge the monthly costs and fees that are incurred for
the services used and that the Customer will make payment as per the terms
detailed on the Nexis ICT or its reseller / agents
invoice.
3.3 CHANGES TO THE AGREEMENT
3.3.1 Nexis
ICT may modify the Terms by posting an updated version on our website. The
modified Terms will apply once posted and it is the Customer’s responsibility
to review the website regularly for any changes.
3.4 YOUR ACCOUNT AND PERMITTED USE
3.4.1 Nexis
ICT requires the Customer to comply with the Terms when using the Services.
3.5 SUBSCRIPTION TERM
3.5.1 The Subscription Term commences
when Nexis ICT enables the Service. The Subscription
Term continues until the Customer closes their account by notifying Nexis ICT in writing that the Customer wishes to terminate
the agreement.
3.6 TERMINATION
3.6.1 Nexis
ICT may suspend, cancel or terminate the Customers right to use the Services or
terminate this Agreement immediately if:
• the Customer breaches any of the Terms;
• the Customer (or anyone with access to your account) have
engaged in fraudulent or unlawful use of the Services;
• the Customer breaches any payment terms as specified on the
monthly invoice; or
• the Customer becomes insolvent or bankrupt.
3.6.2 The Customer will be liable to
pay the charges for the Services up to the point of termination / cancellation.
3.6.3 Any payment obligations survive any termination of this agreement.
3.7 ACKNOWLEDGMENTS
3.7.1 By subscribing to Nexis ICT hosting (either directly or through a reseller or
agent), the Customer acknowledges that:
• the Services may not be free from fault or interruption and Nexis ICT does not warrant that they will be;
• Nexis ICT does not accept any liability for any loss the
Customer may incur using this service;
• the Services may be unavailable during planned outages or
unscheduled maintenance periods;
• Nexis ICT does not warrant the security, availability or
privacy of the Services;
• the Customer is responsible for content the Customer
publishes using the Services;
• the server, software and network configurations remain the
property of Nexis ICT;
• the Customer has no right (expressed or other) to access,
copy, move or maintain the server, software, hardware, equipment or
configurations other than their own files;
• the server, software, hardware, equipment and configurations
are the intellectual property of Nexis ICT and remain
the property of Nexis ICT in perpetuity;
• on
notification of the cancellation of the service Nexis
ICT will disable the Customers access to the services and that Nexis ICT will delete all of the customer data and backups
and that this data is not recoverable;
• by failing
to meet the payment terms specified on the Nexis ICT
or our reseller / agent invoice, Nexis ICT will
disable the Customers access to the hosted network and withhold access to
customer data until the invoices are settled in full.
• they will
not in any circumstance be provided access to host servers, domain controllers, Microsoft tenancies,
Exchange servers, backup servers, proxy servers, routers or firewalls;
• if the Customer elects to cancel the agreement or stop using
Nexis ICT services, the Customer will be responsible:
1. to provide a
minimum of one calendar month's notice;
2. for the backup and
transfer of all of the Customers data at the Customers own cost;
3. to export mailbox
data to a PST files using each users Outlook client and then to copy the PST
files to their local computing device using the remote desktop connection
software;
4. to copy any files
or data to their local computing device using the remote desktop connection
software;
• Nexis ICT does not and will not provide local, domain or global
administrator access or any administration access to portals, servers, systems for any reason, at any time;
• Nexis ICT does not and will not provide any administration access to a Microsoft 365 tenancy. If a customer decides to migrate they should establish a
a new Microsoft tenancy with a uniquie onmicrosoft.com domain name;
• Nexis ICT will not install nor allow the installation of
any Customer backup, file copy, synchronization software or other systems
including Microsoft Azure AD Connect.
3.8 YOUR OBLIGATIONS
3.8.1 The Customer represents and
warrants that the Customer will not use the Services in a way that:
• controls
access to and use of the services including controlling access to and use of
passwords;
• ensuring
the Services are used in accordance with this agreement and the Terms as well
as applicable laws; and
• payment of all charges for the Services that are used under
the Customer’s account.
3.9 REPRESENTATIONS & WARRANTIES
3.9.1 The Customer is responsible
for:
• any infringement to third party rights;
• violation of any applicable laws;
• providing,
maintaining, and complying with the licensing and terms of customer supplied
software. For the avoidance of doubt, customer supplied software is any
software that is not specifically detailed as being provided by Nexis ICT on the Nexis ICT
invoice.
3.10 SUSPENSION
3.10.1 Nexis
ICT may suspend use of the Services if:
• there is a planned outage;
• it is necessary due to an event beyond Nexis
ICT’s control;
• payment for services is not made within the payment terms;
or
• it is necessary for repair, maintenance or service;
• the Customer notifies that the Customer no longer wishes to
subscribe to the Service.
3.11 ACCOUNTS
3.11.1 At
the end of each billing period (which runs from the first to the last day of
each month), the Customer will receive an invoice for the services subscribed
to. The amount is due and payable based on the terms detailed on the invoice.
3.11.2 Late payment will attract interest charges at 2% per month (or the
maximum legal rate if it is less than 2% per month).
3.11.3 The Customer consent to Nexis ICT obtaining,
at any time, a credit report from a credit reporting agency.
3.12 TAX CLAUSE
3.12.1 The Customer is liable for any
applicable tax.
3.13 PRICING
3.13.1 Nexis
ICT reserves the right to adjust pricing when necessary and will notify the
Customer of any pricing adjustments by email. Thirty (30) days’ notice will be
provided prior to new pricing being applied to the Customer’s Service /
Subscription.
3.14 PRIVACY
3.14.1 Please refer to our Privacy
Policy.
3.15 DISCLAIMER
3.15.1 THE SERVICES OFFERED INCLUDING
ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS AND SERVICES ARE PROVIDED ‘AS IS’
WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED,
STATUTORY OR OTHERWISE WITH RESPECT TO THEM. EXCEPT TO THE EXTENT PROHIBITED BY
LAW, WE DISCLAIM ALL WARRANTIES INCLUDING IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR PURPOSE AND NON-INFRINGEMENT.
3.15.2 NEXIS ICT SHALL NOT BE LIABLE TO THE CUSTOMER OR THE CUSTOMERS SUPPLIERS
FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY
DAMAGES INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL,
DATA, EXCESSS DATA, REVENUE, DAMAGE TO REPUTATION OR BUSINESS INTERRUPTION EVEN
IF SUCH LOSS OR DAMAGE WAS REASONABLY FORESEEABLE.
3.16 INSURANCE
3.16.1 Nexis
ICT advise our Customers that they should seek independent professional advice
in relation to insurance; this includes (but is not limited to) cyber, data
loss, business interruption, business continuity, viruses & ransom ware. Nexis ICT does not subscribe to or maintain insurance
policies on behalf of our Customers as part of our Service. It is the
Customer's decision to determine this risk and obtain adequately insurance -
should they deem it applicable. Customers should refer to the Terms of this
agreement in particular Clause's 1.7, 1.8, 2.12, 3.7 & 3.15 when
considering their insurances relating to the Service.
4 PRIVACY POLICY
4.1 GENERAL
4.1.1 Nexis
ICT acknowledge that your privacy is important to you. Nexis
ICT will continue to protect the information which the Customer provides to it
and Nexis ICT will manage information in compliance
with the Privacy Act 1988 (Cth) and the Australian
Privacy Principles (APPs).
4.1.2 This privacy policy sets out how Nexis ICT uses
and protects any information that you give Nexis ICT
when a customer uses the Services. Nexis ICT is
committed to ensuring that privacy is protected.
4.1.3 Nexis ICT may change this policy from time to
time by updating this page. Therefore, you should regularly review this page to
ensure that you are informed about and agree to any changes. If you do not
accept and agree you should immediately terminate your Subscription and cease
using the Service.
4.2 WHAT WE COLLECT
4.2.1 We may collect the following
information:
• name and job title.
• contact
information including email address.
• demographic information such as postcode, preferences and
interests.
• other information relevant to customer surveys and/or
offers.
4.3 WHAT WE DO WITH THE INFORMATION
WE GATHER
4.3.1 We require this information to
understand your needs and provide you with a better service and also for the
following reasons:
• Internal
record keeping.
• We may use
the information to improve our products and services.
• We may
periodically send promotional emails about new products, special offers or
other information which we think you may find interesting, using the email
address which you have provided.
4.4 SECURITY
4.4.1 We are committed to ensuring
that your information is secure. In order to prevent unauthorised access or
disclosure, we have put in place physical, electronic and managerial procedures
in an effort to safeguard and secure the information we collect. Unless
required by law, Nexis ICT will restrict access to
all customer data, user information, usage, configurations and our
infrastructure to Nexis ICT employees only. No
information will be disclosed to any third party.
4.5 HOW WE USE COOKIES
4.5.1 A cookie is a small file which
asks permission to be placed on a computer’s hard drive. Once a Customer
agrees, the file is added and the cookie helps analyse web traffic. Cookies
allow web applications to respond to a Customer as an individual. The web
application can tailor its operations to certain needs, likes and dislikes by
gathering and remembering information about your preferences.
4.5.2 Nexis ICT uses traffic log cookies to identify
which pages are being used. This helps Nexis ICT
analyse data about webpage traffic and improve the Services in order to tailor
it to customer needs. Nexis ICT uses this information
for statistical analysis purposes and then the data is removed from the system.
4.5.3 Overall, cookies help Nexis ICT provides better
Services, by enabling it to monitor which pages are found useful and which are
not. A cookie in no way gives access to a computer or any information about a
Customer, other than the data that a Customer chooses to share.
4.5.4 A Customer may choose to accept or decline cookies. Most web browsers
automatically accept cookies, but a Customer can modify browser settings to
decline cookies. This may prevent a Customer from taking full advantage of the
Services.
4.6 LINKS TO OTHER WEBSITES
4.6.1 Nexis
ICT Services may contain links to other websites or services. Once a Customer
has used these links to leave our site, Nexis ICT
does not have any control over the other websites or services. Nexis ICT is not responsible for the protection and privacy
of any information which is provided whilst visiting such sites and such sites
are not governed by this privacy statement. A Customer should exercise caution
and look at the privacy statement applicable to the website or service in
question.
4.7 CONTROLLING YOUR PERSONAL
INFORMATION
4.7.1 The Customer may choose to
allow the collection or use of information in the following ways:
• whenever the Customer is are asked to fill in a form on the
Service, the Customer can click to indicate that the Customer authorises the
information to be used by Nexis ICT for direct
marketing purposes.
• if the
Customer has previously agreed to us using information for direct marketing
purposes, the Customer may change that situation at any time by writing to or
emailing to info@Nexis ICT.com.
4.7.2 Nexis
ICT will take all reasonable steps to ensure that all information is accurate,
complete, up-to-date and stored in a secure environment.
4.7.3 Nexis ICT will not release nor provide access
to any personal or company information or data to any third party unless it is
to comply with the law.
4.8 WHEN DOES NEXIS ICT COLLECT
INFORMATION?
4.8.1 By default, Nexis
ICT does not automatically collect information from the Customer. Nexis ICT will collect three categories of information when
a Customer uses our Services:
• the personal information voluntarily provided — that is,
personal information collected with your informed consent;
• anonymous non-personal information about how the Customer
uses our Services; and
• “cookie”
based information that makes a Customers use of the Services easier by
recording preferences so that when a Customer returns to the Service the
“cookie” re-loads that information into web browsers.
4.8.2 Nexis
ICT will collect personal information when a Customer registers on Nexis ICT websites, place an order, Subscribes to a Nexis ICT Service, responds to a promotional offer,
competition or survey or fill out a form related to any Customer service
feature operating on our Services.
4.8.3 When a Customer requests services then the Customer will need to provide
certain details so that Nexis ICT can establish and
manage a Customer account.
4.8.4 When a Customer logs-into the Nexis ICT Service
using Google or Facebook log-ins (or use any other log-in connected to any
other social media platform) the Customer allows that social media platform to
share the Customers personal information with Nexis
ICT (that is, personal information related to a log-in with that social media
platform, which may include an email address and other personal information).
4.9 WHY DO WE NEED TO COLLECT PERSONAL
INFORMATION?
4.9.1 Nexis
ICT will collect information when the Customer volunteers that information in
order to receive a Service. The information collected will be used to provide
the Services requested or processing any purchases you may make.
4.10 WHY DO WE USE “COOKIES” AND
OTHER WEB USE TRACKING TECHNOLOGIES?
4.10.1 When the Customer accesses the
Services, small files containing unique identification (ID) numbers may be
downloaded by the Customers web browser and stored in the cache of the Customers
computer. The purpose of sending these files with a unique ID number is so that
the Services can recognise the Customers computer when the Customer next visits
the Services. The “cookies” that are shared with the Customers computer can’t
be used to discover any personal information such as a name, address or email
address, they merely identify a computer to the Service.
4.10.2 Nexis ICT can also log the internet protocol
address (IP address) of visitors to the Service.
4.10.3 Nexis ICT collects information using “cookies”
and other tracking technologies for the following reasons:
• to help monitor the performance of the Services;
• to provide personalized services to each user of the
Services to make their navigation through the Services easier and more
rewarding to the user; and
• to improve the content on the Services
4.10.4 Even if a Customer has given
permission to send emails, the Customer may, at any time, decide not to receive
further emails and will be able to “unsubscribe” from that service.
4.10.5 If a Customer is unhappy about having a cookie sent, the Customer may
set their browser to refuse cookies or choose to have the computer warn each
time a cookie is being sent. However, if a Customer turns cookies off, some of
the services may not function properly.
4.11 HOW DO WE STORE YOUR
INFORMATION?
4.11.1 Nexis
ICT may use different technologies and procedures to help protect information
from unauthorised access, loss, alternation, disclosure or use. Some of the
safeguards in use are physical access controls, information firewalls and
access authorisation controls to where information is held in data centres or
other locations. Nexis ICT may also use data
encryption when information is transferred to and from service providers. Nexis ICT’s commitment to data security means:
• there are procedures to limit access to personal information
within Nexis ICT;
• there are security measures and technologies within Nexis ICT to protect personal information;
• Nexis ICT will not disclose your information to any third
party unless required by law.
4.12 WHAT USE DO WE MAKE OF YOUR
PERSONAL INFORMATION?
4.12.1 Nexis
ICT may communicate with the Customer in relation to any purchase and in
relation to the management of an account which will include providing
information about the services.
4.12.2 Nexis ICT may send the customer information
and updates about any other product, service or information that may be
provided; in addition, Nexis ICT may send occasional
company news and information about other products and services or special
promotional offers. If at any time the Customer would like to stop receiving
future commercial messages, there are detailed unsubscribe instructions at the
bottom of each email.