MailExchange Terms of Service

Tuesday December 04 2012 - , , , ,

MailExchange Terms of Service

 

This document, and the documents to which it refers, define the terms of the agreement by which we provide you with hosted email and collaboration web portal services, based on Microsoft Exchange and Microsoft SharePoint, respectively. These services are collectively referred to as MailExchange.

Document Revision: 8         2 May 2013

If you do not understand any of these terms or require any clarification please contact us at Support@tigranetworks.co.uk.

Interpretation

This document is in addition to our general Terms of Business. Where the two documents conflict, this document shall take precedence.

Agreement

Carefully read these terms and conditions as they form a legal agreement between TiGra Networks and you (meaning a company or an individual entering into this agreement on behalf of a company, organization or any other legal entity). You represent and warrant that that you have the authority to bind to this agreement. If you do not have such authority or you are not a legal representative of your organization or you do not accept these terms, please do not proceed with the use of TiGra Networks’ services.

By using our MailExchange service, you are indicating your agreement to be bound by these Terms of Service, Acceptable Use Policy, Service Level Agreement, Privacy Policy and Data Destruction Policy and any future amendments that we may make from time to time. Current copies of these policies are located on our web site at http://www.tigranetworks.co.uk/legal.

If you (the Customer) do not agree to any of the terms of these agreements then you must discontinue your use of the service.

Updates to Terms of Service

We have the right to update these terms of service and related documents from time to time. We publish the most up-to-date copy of each document on our web site at http://www.tigranetworks.co.uk/legal and you are expected to review the agreement periodically and make sure you have the most up to date copy. We announce updates on our blog and you can subscribe to the RSS feed to receive announcements about updates to these terms of service automatically.

Disclosure to Law Enforcement

It is expressly forbidden to use our services for illegal activities. Therefore, we may disclose any and all subscriber information to a third party when required to do so by law, without further consent or notification to you. If we suspect you may be involved in illegal activity using our services, we have the right to immediately terminate your service.

Payment

MailExchange service is billed monthly and is payable in advance of service provision. Service is billed per user, per month, for each month or part month in which the user’s account was active. Payment is due on or before the 1st of each month, for that month’s service, regardless of whether we have issued an invoice. Failure to pay on time may result in late payment charges as set out in our general terms of business, and/or suspension of service, at our discretion. Where a new user account is added part way through a month for which an invoice has already been issued, we will bill for that user account retrospectively on the next monthly invoice issued.

Payment is only accepted in the form of direct bank transfer or counter credit to our bank account, or by PayPal. Bank details are included at the bottom of each invoice. We are unable to accept payment by cheque for this service.

To avoid late payment charges and/or suspension of service due to late payment, we strongly encourage use of bank standing order or PayPal subscription to pay for MailExchange service. If you elect to use a manual payment method and miss your payment date, we will not have any sympathy and will issue late payment charges as set out on our general terms of business.

Late Payment and Failure to Pay

If you fail to pay on time, we may temporarily or permanently suspend service, at our discretion. Even if we suspend service, you will still have to pay all accrued charges already invoiced, plus other applicable fees as set out in our general terms of business.

Minimum Term

Setting up MailExchange service involves significant effort on our part, so we require a minimum contract period of 6 months. If you cancel the service during the minimum contract period, then we will immediately issue an invoice for the remainder of the minimum term based on the maximum number of user accounts that had been active up to that point and you will have to pay those charges even if you stop using the service.

Account Cancellation

Subject to the Minimum Term described above, you may cancel at any time by providing a minimum of 30 days written notice. Your service will then be considered to have terminated on the last day of the notice period. Mailboxes are billed per month or part month, so you will have to pay for all services up to the last day of the month in which your service terminates, even if you stop using the service before then.

Continuity of Service

Hosted services such as MailExchange may be interrupted for many reasons outside of our control and the servers occasionally need to be taken offline for preventative and remedial maintenance. We will do our best to keep your service online and in good working order to the best of our ability, but you must understand that we cannot control external factors such as the speed and quality of network connections that connect you to our services and consequently there will inevitably be some interruptions to service that we cannot predict or control. We cannot therefore provide any guarantees of an uninterrupted service and failure of any third party service cannot be construed as a failure on our part. We will try to notify you in advance when there is a planned service outage, but we may not always be able to do so.

If you believe you have a problem with your service, you must notify us in the first instance by raising a support ticket, by emailing Support@tigranetworks.co.uk.

Support

MailExchange includes email based technical support at our Bronze service level, which means we will respond by the next business day. If you require faster response or telephone based support, you will need to purchase one of our enhanced support packages. In all cases, support requests must be initiated by emailing Support@tigranetworks.co.uk.

Internet Domain Name and DNS Records

MailExchange does not require that we control your internet domain name registration or DNS records. We offer Internet domain management as a separate service. If you have purchased our domain management service, then we will automatically adjust your domain to work with MailExchange. Otherwise, we will advise you (or your technical contact) of the changes needed and it will be your responsibility to ensure the changes are made.

Spam and Bulk Email

MailExchange is designed to facilitate normal, user-to-user and business-to-business email transactions. It is not a vehicle for mass marketing. Sending of ‘massive relays’, ‘mail bombing’ or bulk email to marketing lists and other massive mailing list operations are strictly prohibited through our services.

For the purposes of this agreement, we use the term ‘spam’ to collectively refer to unsolicited commercial email (known as ‘UCE’), ‘phishing’ attacks or messages containing any other malicious content.

Provision of email services on the Internet requires the operator to have a good reputation with other email providers. Sending of spam can potentially tarnish the reputation of our services and could affect all of our users. Therefore, we have a zero tolerance policy on the sending of spam using our services. You may not use or permit others to use our services to send spam or to forward spam from other networks. You must take all reasonable steps (e.g. use of good quality antivirus programs on your computers and properly controlled network security) to prevent spam being sent to or from our services. Violations of this policy may result in immediate termination of service and you may then have to pay our costs in investigating the violation and restoring our reputation.

Upon notification of an alleged violation of our SPAM policy, we will initiate an immediate investigation (within 48 hours of notification). During the investigation, your service may be restricted to prevent further violations. If you are found to be in violation of our SPAM policy, we will restrict, suspend or terminate your account and we will notify the police if we believe an offence has been committed. Further, you agree to pay any costs associated with the investigation of a substantiated policy violation. The costs of such an investigation shall be not less than £100 on the first occurrence and not less than £250 on second and subsequent occurrences.

You are ultimately responsible for the actions of your staff and colleagues when using our services. It is advisable that you develop a similar (or stricter) acceptable use policy and distribute it to all users of our services. Ignorance of this policy will not be accepted as an excuse for any violation.

Network and Storage

Most of our hosted services include a quota of network bandwidth and/or storage space. Provided you remain within your quota, you will not be charged.

We may monitor your bandwidth and storage usage and If you use more than the allocated quota, we will charge you for your usage over and above the allocated quota at the prevailing rate. Unless otherwise agreed in writing, the quotas are as follows:

·         Mailbox storage: 10 gigabytes

·         File storage: 1 gigabyte

·         Network bandwidth: 5 gigabytes per month

If we believe you are using our storage facilities maliciously or not in accordance with this policy, we may suspend or terminate your service and we may delete any data you have stored.

Data Backup

It is your responsibility to ensure you have backup copies of all of your data, including email, files and documents and information stored in databases.

Data stored using our service is protected by redundant systems and periodic backup. However, this backup is not to be relied upon as a disaster recovery service for your data. In the event that you suffer a data loss, we will try to help you recover any lost data, but we can make absolutely no guarantee that we will be able to do so.

We would be delighted to assist you in arranging an on-site backup of your data stored in our hosted services by means of a custom backup appliance that maintains a full copy of all your data. The appliance is provided at additional cost.

System and Network Security

Users are prohibited from violating or attempting to violate the security of our hosted services. You may not attempt to bypass network authentication or security and you may not attempt to access any data or log into any account that you are not authorized to use. You may not interfere with the service of any other user.

 Any attempt to do so likely constitutes a criminal offence and would be reported to the police. We may also terminate your service.

Notification of Violation

We have no duty to look at each customer's or user's activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities.

First violation: If we determine that you have violated any element of this agreement or the Acceptable Use Policy, we will contact you (usually by email, via our support desk) warning you of the violation. Your service may be subject to a temporary suspension pending your agreement in writing to refrain from any further violations.

Second Violation: We may suspend or terminate your service without notice.

Indemnification

You agree to indemnify TiGra Networks and its service providers against any costs or claims brought by third parties as a result of your violation of these policies. This means that if we are sued as a result of your use of our service, you agree to pay for any damages awarded against us, plus all costs and legal fees.

Miscellaneous Provisions

You must provide us with (and keep current) good contact information for billing, technical and administrative contacts.