Sign Up

All Cloud Services DevOps Sign Up SysOps Sign Up

Login

My Account Manage Tickets

Elevate. Innovate.

(917) 946-4139 New York, Savannah, San Diego

Terms and Conditions

General Terms and Conditions

  1. THE CLOUD SUPPORT (SysOps & Systems Administration) AND HOSTING SERVICES AGREEMENTS
    • The Cloud Support Services Agreement, also referred to as SysOps or Systems Administration Services Agreement, hereto referred to as Cloud Support Agreement, incorporates the following documents by reference: (i) the Services Description that describes the Services you are buying and related fees; (ii) these General Terms and Conditions containing the general terms and conditions applicable to all Services; (iii) the specific Product Terms and Conditions containing the additional terms for the particular Product licenses you are buying; (iv) the Acceptable Use Policy; and (v) if your Hosted System will be provided from data centers located both in the United States and one or more non-U.S. jurisdictions, the Country Specific Terms that may be applicable in those jurisdictions. When we use the term “Cloud Support Services Agreement” or “Agreement” in any of these documents, we are referring collectively to all of them. The Agreement is effective as of the date of the email sent to you by Arcane Strategies expressly confirming acceptance of your order or the date you accept the Agreement as part of Arcane Strategies’s online order process.
    • The Hosting Agreement, hereto referred to as Hosting Agreement, incorporates the following documents by reference: (i) the Services Description that describes the Services you are buying and related fees; (ii) these General Terms and Conditions containing the general terms and conditions applicable to all Services; (iii) the specific Product Terms and Conditions containing the additional terms for the particular Product licenses you are buying; (iv) the Acceptable Use Policy; When we use the term “Hosting Agreement” or “Agreement” in any of these documents, we are referring collectively to all of them.  The Agreement is effective as of the date of the email sent to you by Arcane Strategies expressly confirming acceptance of your order or the date you accept the Agreement as part of Arcane Strategies’s online order process.
  2. DEFINED TERMS
    • Some words used in the Agreement have particular meanings:“Acceptable Use Policy” or “AUP” means the Arcane Strategies Acceptable Use Policy posted at http://www.arcanestrategies.com/aup/ as of the date you sign the Agreement.“Affiliate” means a subsidiary or holding company of either party to this Agreement and any subsidiary of such holding company (where “holding company” and “subsidiary” terms are described at the state and federal level).“Business Day” or “Business Hours” means 9:30 a.m. – 5:00 p.m. Eastern Timezone (UTC -5 EST and UTC -4 EDT) Monday through Friday, excluding federal and publicly recognized holidays in the United States.“Confidential Information” means all information disclosed by one of us to the other, whether before or after the effective date of the Agreement, that the recipient should reasonably understand to be confidential, including: (i) for you, all information transmitted to or from, or stored on, your Hosted System, (ii) for Arcane Strategies, unpublished prices and other terms of service, audit and security reports, product development plans, solution diagrams, data center designs (including non-graphic information you may observe in person), and other proprietary information or technology, and (iii) for both of us, information that is marked or otherwise conspicuously designated as confidential. Information that is independently developed by one of us, without reference to the other’s Confidential Information, or that becomes available to one of us other than through breach of the Agreement or applicable law, shall not be “Confidential Information” of the other party.“Country Specific Terms” means the addendum or addenda that may be incorporated into your Cloud Support Agreement if a portion of your Services are to be provided from a non-United States jurisdiction for which we have special legal terms. “Hosted System” means a combination of hardware, software and networking elements that comprise an information technology system. Depending on the Services you are buying, the Hosted System may consist of a dedicated system for your use only, or the right to use certain parts of a shared system that Arcane Strategies maintains for many customers, or a combination of some dedicated elements and some shared elements.“Cloud Services” or “Cloud Support” means: (i) Arcane Strategies’s provision for your use of the Hosted System described in the Services Description, and (ii) Support of said system through support requests or proactive monitoring and maintenance as described in the Services Description.“Product Terms and Conditions” means the terms and conditions for the particular Cloud Services you are buying.“Services Description” means a written description of the Cloud Services System and/or Supplementary Services you are buying from Arcane Strategies, and related fees, that is incorporated by reference in the Agreement, including any “plan” or other name given to a Services description that you submit to Arcane Strategies as an ancillary or Arcane Strategies agreed upon procedure in part of an order process.“Service Level Guarantee(s)” means (i) a guarantee or guarantees identified as a “Service Level Guarantee” or “Service Level Guarantees” in the applicable Product Terms and Conditions or (ii) any provision which provides a specified credit or financial remedy for an identified failure to deliver or provide the Services.“Services” means Cloud Services and Supplementary Services, collectively.

      “Supplementary Services” means those Services and licenses you purchase from Arcane Strategies other than the Cloud Services, including time and materials based professional or consulting services (such as database administration or “DBA” services), one-time or non-recurring services which are not part of the existing Support (such as support for the application that you operate on your Hosted System), and any other services identified as “Supplementary Services” on the applicable Services Description.

      “Support” has the meaning stated in the applicable Product Terms and Conditions.

  3. OUR OBLIGATIONS
    • Arcane Strategies’s obligation to begin providing Services is contingent on your satisfaction of Arcane Strategies’s credit approval criteria. Arcane Strategies will provide the Cloud Services in accordance with the Services Description, the Service Level Agreement (SLA) or Service Level Guarantees (SLG), and other specifications in this Agreement. Arcane Strategies will perform any Supplementary Services in a good and professional manner. Arcane Strategies will maintain security practices that are at least as stringent as the minimum security practices described at http://www.arcanestrategies.com/security-practices/, and will provide the specific security services described in your Services Description. Arcane Strategies will perform all Services in accordance with applicable law.
  4. YOUR OBLIGATIONS
    • You must use reasonable security precautions in connection with your use of the Services. You must comply with the laws applicable to your use of the Services and with the Acceptable Use Policy. You must cooperate with Arcane Strategies’s reasonable investigation of Service outages, security problems, and any suspected breach of the Agreement. You are responsible for keeping your account permissions, billing, and other account information up to date using your Arcane Strategies Customer portal, also known as “My Account” or via another Arcane Strategies defined process, inclusive of email and telephone correspondence. You must pay when due the fees for the Services stated in the Services Description or other agreement between us. If there is a dispute with respect to any portion of an invoice, you shall pay the undisputed portion of the fees promptly and provide written details specifying the basis of any dispute. Each of us agrees to work together to promptly resolve any disputes.
  5. PROMISES WE DO NOT MAKE
    • 5.1  We do not promise that the Services will be uninterrupted, error-free, or completely secure. You acknowledge that there are risks inherent in Internet connectivity that could result in the loss of your privacy, Confidential Information and property.

      5.2  We disclaim any and all warranties not expressly stated in the Agreement to the maximum extent permitted by law, including the implied warranties relating to satisfactory quality and fitness for a particular purpose. You are solely responsible for the suitability of the services chosen. Any services that we are not contractually obligated to provide but that we may perform for you at your request and without any additional charge are provided on an ‘AS IS’ basis.5.3  We do not have knowledge of the data you store within your Hosted System, including the quantity, value or use of the data. You are therefore responsible to take all reasonable steps to mitigate the risks inherent in the provision of the Services, including loss of your data, including any PII (as defined in the applicable Product Terms and Conditions) or “cardholder data” as that term is defined in the Payment Card Industry-Data Security Standard. The Services that Arcane Strategies has agreed to provide to assist you to mitigate such loss (if required) are set out in the Services Description, which may include backup services and geographically redundant servers.  In the event your Hosted System is not provided by Arcane Strategies, you are responsible for completing the set up of these additional services, in the event that they require agreements, changes to existing agreements, payments, or changes to existing payment terms, between you and your hosting provider, herto referred to as Hosting Vendor. Arcane Strategies does not promise to back up your data unless you have purchased backup services. If you purchase backup services Arcane Strategies does not promise to retain any data backup(s) for longer than the agreed data retention period as set out in the Services Description. In all events, you release Arcane Strategies from liability for loss of data to the extent that the data has changed since the time that we were last required by the Agreement to perform a backup.

      5.4  We will provide Support only to your administrative or technical contacts listed on your account. We will not provide support directly to your end users unless specifically agreed in writing.

      5.5  Certain Arcane Strategies Services are designed to help you comply with various regulatory requirements that may be applicable to you. However, you are responsible for understanding the regulatory requirements applicable to your business and for selecting and using those Services in a manner that complies with the applicable requirements.

  6. UNAUTHORIZED ACCESS TO YOUR DATA OR USE OF THE SERVICES
    • Arcane Strategies is not responsible to you or any third party for unauthorized access to your data or the unauthorized use of the Services unless the unauthorized access or use results from Arcane Strategies’s failure to meet its security obligations stated in Section 3 (Our Obligations) of these General Terms and Conditions or the Services Description. You are responsible for the use of the Services by any employee of yours, any person you authorize to use the Services, any person to whom you have given access to the Services, and any person who gains access to your data or the Services as a result of your failure to use reasonable security precautions, even if such use was not authorized by you.
  7. TAXES ON SERVICES
    • 7.1 Sales Taxes. Unless otherwise expressly provided in the Agreement or included in the invoice for the services, all amounts due to Arcane Strategies under the Agreement are exclusive of any value added, goods, services, sales, use, property, excise and like taxes, import duties and/or applicable levies (collectively, “Tax”). If Arcane Strategies is required by law to collect Taxes on the provision of the Service, Arcane Strategies will invoice you for such Tax and you must pay Arcane Strategies the amount of the Tax that is due or provide Arcane Strategies with satisfactory evidence of your exemption from the Tax. The obligation to pay any Taxes that Customer may be required to pay in connection with Customer’s use of Services or Customer’s payment of amounts due to Arcane Strategies under the Agreement shall be borne exclusively by Customer. You must provide Arcane Strategies with accurate factual and adequate information and documentation (as determined by Arcane Strategies), to help Arcane Strategies determine if any Tax is due with respect to the provision of the Services.

      7.2 Withholding Taxes. All payments to Arcane Strategies shall be made without any withholding or deduction for any Taxes, except for any withholding (or similar) taxes imposed on income that may be attributed to Arcane Strategies in connection with its provision of the Services that you are legally required to withhold from such payment and remit to the applicable governmental or taxing authority (such taxes, “Local Withholding Taxes”). You agree to timely provide Arcane Strategies with adequate and accurate factual information and documentation (as determined by Arcane Strategies), including tax receipts, of your payment of any such Local Withholding Taxes. Arcane Strategies shall remit such cost to you in the form of a credit on your outstanding account balance following receipt of sufficient evidence of payment of any such Local Withholding Taxes as set forth above.

  8. EXPORT MATTERS
    • You represent and warrant and undertake that you will not possess, use, import, export or resell (and shall not permit the possession, use, importation, exportation, or resale of) the Services or any information or technical data provided by Arcane Strategies to you under this Agreement in any manner which would cause Arcane Strategies or its Affiliates to breach any applicable export control laws, rules, or regulations of any jurisdiction (including without limitation those under US law). Without limitation, you represent and warrant and undertake that you will not provide administrative access to or permit use of the Services by any persons (including any natural person, government or private entity or other form of body corporate) that is located in or is a national of any country that is embargoed or highly restricted under US export laws, rules or regulations.
  9. TERMS AND FEES
    • Your applicable Product Terms and Conditions and Services Description set out your term and renewal information as well as fee and pricing information.
  10. SUSPENSION OF SERVICES
    • 10.1  We may suspend Services without liability if:
      10.1.1 we reasonably believe that the Services are being used in breach of the Agreement;
      10.1.2  you don’t cooperate with our reasonable investigation of any suspected violation of the Agreement;
      10.1.3  there is an attack on your Hosted System or your Hosted System is accessed or manipulated by a third party without your consent;
      10.1.4  we are required by law or a regulatory or government body to suspend your Services; or
      10.1.5  there is another event for which we reasonably believe that the suspension of Services is necessary to protect Arcane Strategies or our other customers, partners, holdings, and subsidiaries.
      10.2  We will give you advance notice of a suspension under this clause of at least twelve (12) Business Hours unless we determine in our reasonable commercial judgment that a suspension on shorter or contemporaneous notice is necessary to protect Arcane Strategies or its other customers, partners, holdings, and subsidiaries from imminent and significant operational, legal, or security risk. If your Hosted System is compromised, Arcane Strategies may address the vulnerability in the event it is covered by the terms of your Services Description, otherwise you must address the vulnerability prior to Arcane Strategies placing the Hosted System back in service or, at your request, we may be able to perform this work for you at our hourly rates defined by the applicable Services Description as a Supplementary Service.
  11. TERMINATION FOR BREACH
    • 11.1  You may terminate the Agreement for breach if we:
      11.1.1.  materially fail to provide the Services as agreed and do not remedy that failure within ten (10) days of your written notice describing the failure;
      11.1.2.  fail to meet Arcane’s Client Services Commitment (subject to the conditions and procedures described at http://www.arcanestrategies.com/client-services-commitment/ or
      11.1.3.  materially fail to meet any other obligation stated in the Agreement and do not remedy that failure within thirty (30) days of your written notice describing the failure.
      11.2  We may terminate the Agreement for breach if:
      11.2.1. we discover that the information you provided for the purpose of establishing the Services is materially inaccurate or incomplete;
      11.2.2.  the individual signing the Agreement did not have the legal right or authority to enter into the Agreement on behalf of the person represented to be the customer;
      11.2.3.  your payment of any invoiced amount is overdue and you do not pay the overdue amount within four (4) Business Days of our written notice;
      11.2.4 you have made payment arrangements via credit card or other third party, and the third party refuses to honour our charges;
      11.2.5. you fail to comply with any other obligation stated in the Agreement and do not remedy the failure within thirty (30) days of our written notice to you describing the failure;
      11.2.6. you contravene Section 8 (Export Matters) of this General Terms and Conditions;
      11.2.7. you breach the Export Control section of the AUP;
      11.2.8. with the exception of the Export Control section of the AUP for which Sub-Section 11.2.7 applies, you breach any provision of the AUP more than once even if you remedy each breach; or
      11.2.9. your agreement for any other Arcane Strategies service is terminated for breach of the acceptable use policy applicable to that service.
      11.3 Either of us may terminate the Agreement with immediate effect on written notice if the other (or we reasonably believe that the other): (i) is unable to pay its debts; or (ii) enters into compulsory or voluntary liquidation; or (iii) compounds with or contravenes a meeting of its creditors; or (iv) has a receiver or manager or an administrator appointed (or an application is made to the court for the same); or (v) ceases for any reason to carry on business or takes or suffers any similar action which means that it may be unable to pay its debts (“Insolvency Event”).
      11.4 Notwithstanding anything to the contrary within the Agreement, the fees for the Services shall become due immediately upon the occurrence of an Insolvency Event.
  12. CONFIDENTIAL INFORMATION
    • 12.1 Each of us agrees not to use the other’s Confidential Information except in connection with the performance or use of the Services, as applicable, the exercise of our respective legal rights under the Agreement, as may be required by law, or as set forth below.  Each of us agrees not to disclose the other’s Confidential Information to any third person except as follows:
      12.1.1 to each of our respective service providers, employees, Affiliates, suppliers, agents and representatives, provided that such service providers, employees, Affiliates, suppliers, agents or representatives agree to confidentiality measures that are at least as stringent as those stated in this General Terms and Conditions; or
      12.1.2.  to a law enforcement or government agency if either of us reasonably believes that the other’s conduct may violate applicable criminal law;
      12.1.3.  as required by law; or
      12.1.4.  in response to a court order or other compulsory legal process, provided that each of us agrees to give the other written notice of at least seven (7) days prior to disclosing Confidential Information under this clause (or prompt notice in advance of disclosure, if seven (7) days advance notice is not reasonably feasible), unless the law forbids such notice.
  13. LIMITATION ON DAMAGES
    • 13.1 Subject to clause
      13.2, but without prejudice to Arcane Strategies’s right to the fees for the Services, including any early termination fee (if applicable) and your right to service credits under the applicable Service Level Guarantee and/or termination for our failure to meet the Client Services Commitment:
      13.1.1 each party’s liability to the other for direct loss or damages whether in tort (including, without limitation, negligence), contract or otherwise, is limited to and shall not exceed:
      13.1.1.1 for Cloud Services, an amount that is two (2) times the monthly recurring fee under this Agreement as of the time of the occurrence of the event(s) giving rise to the claim; and
      13.1.1.2 for Supplementary Services, the greater of five hundred USD ($500) or the fees paid for the Supplementary Services that are the subject of the claim;
      13.1.2 neither party will be liable to the other in any way for any special, incidental, economic, or indirect loss or damages, or for loss of data, loss of profits, revenues, customers or contracts, wasted management time, increased costs or expenses, whatsoever and howsoever arising including in connection with the performance, non-performance or delayed performance of the Services or otherwise under this Agreement even if that party has been advised by the other or should have reasonably been aware of the possibility of such loss.
      13.2 Nothing in this Agreement limits or excludes either party’s liability for any loss or damages resulting from:
      13.2.1 death or personal injury caused by its negligence; and 13.2.2 any fraud or fraudulent misrepresentation.
      13.3  The service credits stated in the Service Level Agreement or Service Level Guarantee are your exclusive remedy for Arcane Strategies’s failure to meet those guarantees for which service credits apply.
      13.4  Arcane Strategies agrees to have valid insurance cover in place for its own legal liability to you under this Agreement up to the limits set out in this clause 13. As the fees for the Services properly reflect the delineation of risk between the parties, each party agrees to ensure that it will be responsible for making its own arrangements for the insurance of any loss in excess of its accepted legal liability as necessary.
  14. INDEMNIFICATION
    • 14.1  If we, our affiliates, or any of our or their respective employees, agents, or suppliers (the “Indemnitees”) is faced with a legal claim by a third party arising out of your actual or alleged negligence, breach of law, failure to meet the security obligations required by the Agreement, breach of the AUP, breach of your agreement with your customers or end users, or breach of Section 8 (Export Matters) or Section 16 (Software) of this General Terms and Conditions, then you will pay the cost of defending the claim (including reasonable legal fees) and any damages award, fine or other amount that is imposed on the Indemnitees as a result of the claim. Your obligations under this clause include claims arising out of the acts or omissions of your employees or agents, any other person to whom you have given access to the Services, and any person who gains access to the Services as a result of your failure to use reasonable security precautions, even if the acts or omissions of such persons were not authorized by you. You must also pay reasonable legal fees and other expenses we incur in connection with any dispute between persons having a conflicting claim to control your account with Arcane Strategies, or any claim by your customer or end user arising from an actual or alleged breach of your obligations to them.

      14.2  We will choose legal counsel to defend the claim, provided that these decisions must be reasonable and must be promptly communicated to you. You must comply with our reasonable requests for assistance and cooperation in the defense of the claim. We may not settle the claim without your consent, although such consent may not be unreasonably withheld, delayed or conditioned. You must pay reasonable legal fees and expenses due under this clause as we incur them.

  15. PUBLICITY
    • Unless otherwise stated in an agreement, you agree that we may publicly disclose that we are providing Services to you and may use your name and logo to identify you as our customer in promotional materials, including press releases. We will not use your name or logo in a manner that suggests an endorsement or affiliation.
  16. SOFTWARE
    • 16.1  General. You may not copy any software we provide for your use, unless expressly permitted by this Agreement or use such software after the expiration or termination of the Agreement. You may not remove, modify or obscure any copyright, trade mark, or other proprietary rights notices that appear on any software we provide for your use. Unless permitted by the terms of an open source software license, you may not reverse engineer, decompile or disassemble any software we provide for your use except and to the extent that you are expressly permitted by applicable law to do this, and then following at least ten (10) days advance written notice to Arcane Strategies. In addition to the terms of this Agreement, your use of any Microsoft® software is governed by Microsoft’s license terms that appear at: https://www.microsoft.com/en-us/useterms including use restrictions on Microsoft software that is provided for your use under a subscriber access license or “SAL” or an “anonymous” license as indicated in your Services Description.  In addition to the terms of this Agreement, your use of any other licensed software is governed by the lcensing agreement of said software provider or owner.

      16.2  Customer Provided Licenses. If you use any non-Arcane Strategies provided software on your Hosted System you represent and warrant to Arcane Strategies that you have the legal right to use the software in that manner. If we have agreed to install, patch or otherwise manage software for you in reliance on your license with a software vendor (rather than Arcane Strategies’s license with the software vendor), then you represent and warrant that you have a written license agreement with the software vendor that permits Arcane Strategies to perform these activities. On Arcane Strategies’s request you will certify in writing that you are in compliance with the requirements of this paragraph and any other software license restrictions that are part of the Agreement, and will provide evidence of your compliance as we may reasonably request. If you fail to provide the required evidence of licensing, Arcane Strategies may, at its option, either:16.2.1. charge you its standard fee for the use of the software in reliance on Arcane Strategies’s licensing agreement with the vendor until such time as the required evidence is provided; or

      16.2.2. suspend or terminate the Agreement.
      Your licensed software may not be compatible with our standard process for deploying, repairing, and supporting Hosted Systems. In addition, in order to install the software, Arcane Strategies may require you to send the physical or electronic media provided to you by the software vendor, both for deployment, and again in the event of a failure of your Hosted System. You agree that Arcane Strategies will not be in breach of any Service Level Guarantee or other obligation under this Agreement that would not have occurred but for the delay resulting from our agreement to use your licensed software.

  17. RECOMMENDATIONS
    • Arcane Strategies personnel may from time to time recommend third party software or other products and services for your consideration. ARCANE STRATEGIES MAKES NO REPRESENTATION OR WARRANTY WHATSOEVER REGARDING SUCH PRODUCTS AND SERVICES. Your use of any products and services not provided by Arcane Strategies is governed by the terms of your agreement with the provider of those products and services, and is at your sole risk. Arcane Strategies is not responsible in any way for the third party product’s performance, features nor failures
  18. WHO MAY USE THE SERVICES
    • You may permit your subsidiaries and affiliated companies to use the Services if you wish, however you are responsible for the acts or omissions of your permitted users. Arcane Strategies will provide support only to you, not to your customers, subsidiaries or affiliates. This same policy applies to the Arcane Partner Network, where customers are known as “partners” only as marketed and not legally recognizable as anything other than customers.  These customers may engage directly with Arcane Strategies as the primary contact or refer their customers to engage in an agreement directly with Arcane Strategies under their own account and their own agreement.  There are no third party beneficiaries to the Agreement, meaning that your customers, subsidiaries, affiliates, and other third parties do not have any rights against either of us under the Agreement.
  19. DATA PROTECTION
    • Each of us agrees to comply with our respective obligations under federal and state data protection policies as applicable to personal data that it controls or processes as part of, or in connection with, its use or provision of the Services. Specifically, but without limitation, you must comply with state and federal regulations as they relate to personal data that you store or transfer using your Hosted System. You agree that, subject to the requirements of this paragraph and Arcane Strategies’s obligations stated in Section 30 (Assignment,Subcontractors), Arcane Strategies may give its affiliates and subcontractors outside of the United States (US) access to personal data you store on your Hosted System. For example, we may provide our overseas affiliates with access to your Hosted System so that our affiliates may provide Support to you during our off office hours in the US.We agree that we will not provide access to personal data that you store on your Hosted System to any subcontractor or affiliate outside of the US unless that person meets the requirements of Federal law.
  20. HOSTING PLATFORMS
    • 20.1 Hosting Agreement
      Arcane Strategies agrees to provide you with virtual hosting space, hereto referred to as “instance”, from an approved provider (ie. Amazon AWS, Microsoft Azure, Rackspace, or other) hereto referred as “provider”, in accordance with the resource specifications selected by you on the ArcaneStrategies.com website.

      20.1.1 Your use of said instances are subject to agreement with said provider. Arcane Strategies merely offers a service to handle payment and configuration of instances between said provider and you.
      20.1.2 Resources of said provider include but are not limited to RAM, Disk Space, IP dedication, and VPS or shared space, as defined by Arcane Strategies’s specification under “Description” of each selected “Use” on the hosting configuration page: https://www.arcanestrategies.com/product/cloud-hosting-providers/

      20.1.3 Setup of your instance is included as a one-time service based on a default configuration. Default configurations include Arcane’s standard images on either Linux or Windows, standard images made available by the provider, or default configuration offered by the provider. You agree to allow Arcane Strategies to select these default configurations unless otherwise specified within 24 hours of purchase, by phone, email, or support request.

      20.1.4 By default, Availability and Accessibility of your hosted instance is limited to and secured by Arcane Strategies, alone, unless otherwise specified by you, via email, phone, or support request. By accepting this default security, you are guaranteed a 24/7 up-time SLA.  By requesting access to the instance for your own management, you hereby waive said SLA under the Hosting Agreement.

      20.1.5 Changes to default configurations or resource specifications are not covered by the Hosting Agreement.  Said changes may only be handled by either a Client Services or Cloud Support agreement.

      20.2.1  Your use of any API, code or SDK (software development kit) you download from the Arcane Strategies website is governed by the terms and conditions included with the code in the file named “COPYING” or “LICENSE” or like caption and the terms of the Agreement. Your Service Order includes any Services which you provision through the service changes or support ticket requests

      20.2.2 You agree that we may establish new procedures for your use of the Services as we deem necessary for the optimal performance of the Services. You agree that we may migrate the Customer Configuration or your Customer Data within or between data centers if we determine doing so is necessary to remediate service degradation or resource constraints or for the optimal performance of the Services. If such migration will result in your Customer Data residing in a data center in a different country we will give you reasonable advance notice of at least thirty (30) days.

      20.2.3 The individual who submits an order for Services warrants and represents that they do so on behalf of a business, company or other legal entity and not as a consumer unless the Account Exceptions apply. If the individual placing the order is a consumer, and not otherwise subject to the Account Exceptions, Arcane Strategies may cancel the Service

      20.3 In the event that the Hosted System covered in an Agreement is that of a 3rd party systems, we are not responsible for the up-time guarantees of said systems, nor responsible for any agreements that exist between you and said provider.

      20.4 We are constantly upgrading our hosting platforms and in order for you to benefit from this, you agree that we may relocate your servers within our hosting platforms, make changes to the provision of the Services, URLs and your IP addresses and may establish new procedures for the use of the Services. We may also make changes to DNS records and zones on your Hosted Services account operated or managed DNS servers as we deem necessary for the operation of the shared network infrastructure. In each case, we will give you reasonable advance notice and use all reasonable endeavours to minimise the effect that such change will have on your use of the Services.

  21. Client Services Commitment
    • Arcane Strategies commits to its Client Services Commitment found at http://www.arcanestrategies.com/client-services-commitment/. You may terminate the Agreement in accordance with clause 11.1.2 above if we fail to meet the Client Services Commitment. Such termination is your sole and exclusive remedy for our failure to meet the Client Services Commitment.
  22. Devops / DOSA Licensing Services
  23. PREMIUM CLOUD SUPPORT SERVICES
  24. TEST SERVICES
    • If you use any Services that have been designated as a “Beta” service, pilot test, early access, limited access, limited release, or with similar designation, then your use of that Service is subject to the terms at http://www.arcanestrategies.com/beta-services/

  25. SERVICES MANAGEMENT AGENT
    • You agree that you will not interfere with any services management software agent(s) that Arcane Strategies installs on your Hosted System. Arcane Strategies agrees that its agents will use only a minimal amount of computing resources, and will not interfere with your use of your Hosted System. Arcane Strategies will use the agents to track the hardware and software that Arcane Strategies provides, so that it can more efficiently manage various service issues, such as patching exceptions and product life cycles. Arcane Strategies may also use the software to identify security vulnerabilities. Arcane Strategies will not use the agents to view or capture your content or data. Your Services will become “unsupported” as described in the Product Terms if you disable or interfere with our service management software agents. You agree that Arcane Strategies may access your Hosted System to reinstall services management software agents if you disable or interfere with their performance.
  26. NOTICES
    • Your routine communications to Arcane Strategies regarding the Services, including any notice of non-renewal, should be sent to your Arcane Strategies account team by using the My Account portal. If you want to give a notice regarding termination of the Agreement for breach, indemnification, or other non-routine legal matter, you should send it by electronic mail and first class post to: billing@arcanestrategies.com
      Legal and Receivables – Arcane Strategies
      630 E 54th St.
      Savannah, GA 31405

Arcane Strategies’s routine communications regarding the Services and legal notices will be posted on the My Account portal or sent to the individual(s) you designate as your contact(s) on your account either by electronic mail (including an electronic mail referring you to a ticket posted on your My Account portal), first class post, or overnight courier. Notices are deemed received as of the time posted or delivered, or if that time does not fall on a Business Day, as of the beginning of the first Business Day following the time posted or delivered. For purposes of counting days for notice periods, the Business Day on which the notice is deemed received counts as the first day. Notices must be given in the English language.

 

Version 1.3
© 2017 Arcane Straegies
©2017 Arcane Straegies SP — Revised 01/20/2017