Virtual Desktop Support – Terms of Service

 

These terms of service set out our obligations to you and your obligations to us under the agreement between us,

 

1. What We will do

 

1. Setup and provide ongoing support for your Virtual Desktop service at either Azure or AWS including:

   1. Adding Users;

   2. Removing Users;

   3. Network Management;

   4. Security Management (including antivirus for your servers and virtual desktops);

   5. Daily total budget alerts for Azure/AWS usage (emailed to You).

2. Provide ongoing support as set out below to users to resolve technical problems within the Virtual Desktop environment, including with Windows-based applications.

   1. Provide General Support from 8am to 6pm (Sydney time) Monday to Friday excluding public holidays.

   2. Provide Urgent Support from 6am to 11pm (Sydney time) 7 days a week including public holidays.

3. Complete server maintenance, being the following:

   1. Applying validated security updates;

   2. Maintaining security logs;

   3. Adjusting resources based on Your instructions;

   4. Monitoring server resource utilisation (eg: CPU/RAM);

   5. Setup a backup schedule based on Your requirements;

   6. Setup backup failure alert (emailed to You and to Us);

   7. Respond to backup failure alerts to resolve any issues.

4. Provide guidance and assistance to help You log support requests via the Habitate3 Support Centre.

5. Notify You by email as soon as possible if a data security beach affecting Your data is identified and confirmed by Us.

6. Provide monthly subscription pricing as a quotation emailed to You.  Fees may change from time to time and those changes will be communicated to You by email at least 30 days before We issue Your next invoice.

7. Provide at least 30 days’ notice by email before cancelling Our services to You.

8. Never cancel your Azure/AWS subscription.  That can only be done by You directly with Azure/AWS.

9. Provide You with guidance so that You can extract Your data directly from Your Azure/AWS account.

10. Suspend Your service should payment be more than 14 days overdue.

11. Terminate Your service should payment be more than 30 days overdue.

12. These terms may be amended from time to time and those changes will be communicated to You by email.  Your continued use of Our service after changes have been communicated to You will be deemed acceptance of those changes.

 

2. What We will not do

 

1. Cancel your Azure/AWS subscription.  That can only be done by You directly with Azure/AWS.

2. Record the password set by Account Holders for the Account Holder Web-Portal.

 

3. What you must do with Us

 

1. Only connect to Your virtual desktops from devices that are protected by business grade antivirus software.

2. Nominate an Account Holder by providing Us with their name, mobile number and email address.  This email address must be the same as the Azure/AWS account holder email address.  This person should be an office holder of Your legal entity.

3. Maintain the security of the Account Holder’s email address and passwords.  We will not be responsible for actions taken by a person having access to the Account Holder’s email address and passwords.

4. If You would like to do so, nominate an Authorised Representative by providing Us with their name, mobile number and email address.  This email address must have the same email domain name as the Account Holder’s email address.  The Authorised Representative can manage the account on behalf of the Account Holder but cannot do the following:

   1. Cancel Your Habitat3 Service;

   2. Nominate other Authorised Representatives;

   3. Change the Account Holder’s password.

5. Use the Support Centre to log support requests known as tickets. 

6. Use the Account Holder Web-Portal to make security and billing related requests of Habitat3.

7. The Support Centre and the Account Holder Web Portal are hosted by FreshWorks – privacy policy located at https://www.freshworks.com/privacy/.

8. Make a monthly payment via direct debit using Payrix.  Payrix charges fees as follows:

   1. A credit card surcharge is applicable on all transaction paid for by credit card.  The surcharge will be included in the total transaction amount appearing on your bank statement and will, therefore, be slightly different to the invoiced amount.

   2. Bank account direct debits do not attract a surcharge.

9. Should the direct debit fail for any reason and We ask you to make a manual payment you are to make the monthly payment within 14 days from the issue date of Our invoice.

10. If You have not made payment within 14 days from the issue date of Our invoice your Support Service will be suspended.

11. If You wish to reactive Your service after a suspension or termination, You must pay a reinstatement fee of $1,100 including GST.

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4. What you need to do with Azure/AWS

1. Agree to the Azure/AWS customer agreements.

2. Make all necessary payments to ensure that Your Azure/AWS account is active.

3. Set strong passwords for Your Azure/AWS accounts.  We recommend using a Strong Password Generator site such as http://www.lastpass.com/features/password-generator and a good password management system to store Your passwords.  (See article for more details.)  We will not be able to change or recover Your Azure/AWS passwords.

4. Obtain data from Your Azure/AWS account when necessary, including prior to cancelling Your Azure/AWS account.

5. Cancel or delete Your Azure/AWS account.  Termination of Your service with Us will not affect Your Azure/AWS account.

 

5. Waiver and Severance

1. No delay or failure by Us to enforce any provision of this agreement will be deemed to be a waiver or in any way prejudicial of Our rights under the agreement.

2. If anything in this agreement is unenforceable, illegal or void, it is severed and the remainder of the agreement remains in force.

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6. Limitation of Liability

1. To the extent permitted by law, We are not liable for any indirect, special or consequential loss or damage incurred by You, including but not limited to liability for loss of profits, loss of business opportunity, loss of savings, or loss of data or access to data.

2. In the event that We are held liable for any loss of any kind suffered by You, You agree that the damages to which You are entitled in respect of that loss is capped, in the aggregate, at an amount equivalent to the fees paid by You to Us in the 12 months preceding the breach (or where there are multiple breaches, at an amount equivalent to the fees paid by You to Us in the 12 months preceding the last breach).

3. Further, We will not be liable for any direct or other loss or damage to the extent You caused or were responsible for such loss or damage or the loss or damage was caused by a matter beyond Our control, including but not limited to where caused by any of Our suppliers.

4. In all cases software vendors are responsible for the functionality of the software they provide including when it is hosted on Our platform. We do not warrant or guarantee any of the functionality of the software and do not accept any liability for any direct or indirect damages suffered by You through the use of the software.

5. Neither party shall be liable to the other party for any loss caused by any failure to observe the terms and conditions of this Agreement, where such failure is occasioned by causes beyond its reasonable control including but not limited to by fire, flood, riot, strike, war, restrictions and prohibitions or any other actions by any government or semi government authorities. No delay or failure by Us to enforce any provision of this Agreement will be deemed to be a waiver or in any way prejudice its rights.

6. You indemnify Us and Our officers, employee and agents (Indemnified Parties) against any direct, indirect and consequential liabilities, losses, damages, expenses and costs (including legal expenses on a solicitor and own client basis) incurred or suffered by any of the Indemnified Parties as a result of any allegation, claim or proceedings brought by a third party against any Indemnified Party in connection with:

   1. any material, data and/or content generated, uploaded and/or submitted by You (or any of Your customers or clients) to your Virtual Desktop service managed by Us, in the course of Your or their use of any services that We make available to You;

   2. any material, data and/or content that You host on your Virtual Desktop service managed by Us; 

   3. Your breach of the Privacy Act and/or any other applicable law (including, but not limited to, the General Data Protection Regulation (GDPR)); and/or

   4. Your breach of this Agreement

 

7. Australian Consumer Law

 

1. Any services supplied by Us to You may come with implied non-excludable guarantees which are regulated by the Australian Consumer Law (ACL).  The extent of the implied guarantees depends on whether You are a ‘consumer” as defined in the ACL.

2. Nothing in this Agreement excludes, restricts or modifies any condition, warranty, guarantee, right or remedy to which you are entitled under the ACL.

3. However, if you are entitled to the benefit of the ACL and the services provided by Us are not ordinarily acquired for personal, domestic or household use or consumption, then pursuant to section 64A of the ACL, We limits Our liability for breach of any such non-excludable warranty, guarantee, right or remedy implied by the ACL or expressly given by Us to You, in respect of each of the services, at Our option, to one or more of the following:

   1. the supplying of the services again; or

   2. the payment of the cost of having the services supplied again

 

8. Definitions

 

1. “We”, “Our” and “Us” means Habitat 3 Pty Limited ACN 102 628 893.

2. “You” and “Your” means the entity who holds the ABN provided when activating Our services.

3. “Account Holder” means the person authorised by You to be responsible for the Habitat 3 Support Service subscription. 

4. “Authorized Representative" means the person authorized by the Account Holder to manage the Habitat 3 Support Service subscription on behalf of the Account Holder.

5. “AWS” means Amazon Web Services.

6. “Azure” means Microsoft Azure Virtual Desktop.

7. “General Support” means support required to allow you access your Azure Virtual Desktop, Manage Azure server functionality and run programs successfully approved by Habitat3 within the Azure Virtual Desktop. Other related services including printer and network support are also part of our General Support service.

8. “Urgent Support” means support required because You are unable to log in or otherwise use Your primary application.

9. “Account Holder Web-Portal” is a password protected method of making security and billing related requests of Habitat3. https://portal.habitat3.net.au/support/login

10. “Support Centre” is a website which allows Habitat3 clients to access General and Urgent Support. - https://www.habitat3.net.au/support