Terms & Conditions

SLA

Support We pride ourselves in offering the best support levels provided by anyone and give you 24 hour support 7 days a week. 99% of support issues are responded to and/or resolved within 1 hour. Support is provided by our UK staff who work in shifts. We endeavour to respond to and resolve all support issues within 24 hours. Your software license has further details of our support agreement.

To log a support call go to http://support.symbiant.net and click on Submit A Ticket. Our support site also has a searchable knowledge base and trouble shooter to help you solve common problems quickly.

Hosting / SAAs Our servers and maintained and patched on a regular daily basis. We also ensure they are never running at more than 60% capacity. We guarantee network infrastructure availability 99.99% of the time, with server uptime of 99.9% when our servers are not undergoing scheduled maintenance.

Business Continuity Client sites are backup up, off site, daily and a 10 day history kept. This means in the unlikely event of a total disaster we can re-instate your site and have you back online within a few hours.

Your Guarantee If we fail to meet any of our service levels you’ll be eligible to claim for one day’s service fee for the relevant service.

 

APPLICATION SECURITY AND RESILIENCE

Our application (the software) is security tested by NCC who are a leading global information assurance specialist. The application implements their security recommendations and best practices. For our cloud platform we use Qualys to regularly test security and Comodo for online protection.

UK DATA CENTRE ISO 27001 and ISO 9001

Our cloud hosting is provided and managed by 1&1 Internet Ltd who are one of the world’s leading hosting providers. For more information about 1&1 go to http://about.1and1.co.uk/data-centres/ Unless requested all data is stored and backed up in the UK at Discovery House, 154 Southgate Street, Gloucester, GL1 2EX

 

 

SYMBIANT SAAS TERMS AND CONDITIONS

The following terms apply to Symbiant’s provision of SaaS Hosting Services:
1. Definitions The definitions of the EULA shall continue to apply but the following additional apply apply: “Agreement” means collectively, these terms herein and the terms set forth in the SLA or any further agreement between the relevant parties. “Customer” means “You” as set forth in the license. “Customer Data” means information submitted by, or entered by a you or a User or automatically uploaded through the use of the SaaS Services including, but not limited to, account information, network information, user ids and usage details. “Exclusions” means the following events, which events shall be excluded from the calculation of Uptime (i) a force majeure event; (ii) outages due to Scheduled Downtime; (iii) outages based on Customer networks or domain name server issues; (iv) Customer’s configuration, scripting, coding; (v) internet outages; (vi) Customer outages requested by Customer; and (vii) Customer changes to its environment which hinder the SaaS Services. “Scheduled Downtime” means planned downtime of which Symbiant has notified Customer at least 72 hours in advance. “SaaS Services” means the access to the online, web based version of the Software (including Documentation), provided by Symbiant or its third party provider through use of the System. “SaaS Service Credit” means in the event that Symbiant is unable to meet the stated level of Uptime in any month, Customer must submit a request for credit, and Symbiant will provide to Customer a credit against future service fees in the manner and to the extent described below. “Subscription Term” means any specific duration identified on an Order during which the SaaS Services will be provided otherwise it will be a 30 day rolling contract. “System” includes the software and hardware used to provide the SaaS Services to Customer over the Internet, including Software, Documentation, other software, web and/or other internet servers, any associated offline components, and all updates thereto. “Uptime” means the time the SaaS Services are available for access and use through the System, but subject to the Exclusions described herein. “User” means your employees, contractors or representatives that you authorize to use the Software.

2. SaaS Services
2.1. Right to Use the SaaS Services. Subject to the terms of the Agreement and payment of applicable fees, during the Subscription Term, Symbiant grants to Customer a non- exclusive, non-transferable right which Customer cannot sub-license, for Customer and its Users to access and use the SaaS Services for Customer’s internal business purposes.
2.2. The default contract period is a rolling 30 day contract. Each side can terminate without reason by giving the other parties 30 days written notice.

3. Fees
3.1. Fees. The SaaS Hosting Fees payable by Customer to Symbiant are those stated in each Order.
3.2. All fees are payable in advance of service.
3.3. customers can elect to pay monthly, quarterly, six monthly or annually by credit card, paypal, standing order or BACS upon invoice.
3.4 Your fees are fixed and providing your license does not change or your account does not default neither will our charges
3.5 Administration fees: company forms, failed or late payments and visits to our facilities are chargeable and not included in our advertised prices.
3.6 Missed or late payments. If your payments are late your account will go in to default. The advertised monthly fees are based on all payments being made on time, this means by the day they are due. We reserve the right to increase monthly fees if 3 or more payments are late in a 12-month period. We also reserve the right to terminate unpaid or overdue accounts without notice and or change the monthly fee for accounts which default.

4. Customer Data/Security
4.1. Customer Data. Customer Data shall be protected and treated as Confidential Information.
4.2. Security. Symbiant uses commercially reasonable practices, including encryption and firewalls, designed to enable Customer Data to be disclosed only to Customer and authorised Users.
4.3. Backup. Symbiant uses commercially reasonable practices designed to enable the backup of the Customer Data consistent with Symbiant’s storage policies and procedures, applicable to each twenty four (24) hour period.
4.4. Restoration of Data. Symbiant will not be responsible for any unauthorized access to or alteration, theft or destruction of the Customer Data through accident, fraudulent means or devices, unless such access, alteration, theft or destruction is caused as a direct result of Symbiant’s negligence or intentional misconduct, in which case Symbiant’s commercially reasonable efforts to restore the Customer Data shall be limited to the most recent back- up of the Customer Data.

5. Availability
5.1. Availability and Remedies for Defaults. Symbiant uses commercially reasonable efforts to maintain availability of the SaaS Services and System twenty-four (24) hours per day, seven (7) days per week, less Scheduled Downtime, in accordance with Symbiant’s policies. Symbiant commits to achieve 99.5% Uptime on a monthly basis, less the Exclusions described above. If Uptime falls below 99%, it shall be considered a minor default; and if Uptime falls below 98%, it shall be considered a major default. In the event of a minor default, Customer is entitled to 2 days credit of SaaS Services fees, based on the monthly SaaS Hosting Fees paid. In the event of a major default, Customer is entitled to 5 days credit of SaaS Hosting Fees, based on the monthly SaaS Hosting Fees paid. Any credits issued to Customer will be applied towards the next billing period applicable to Customer or otherwise as agreed between the parties. Except The credits issued under this Section will be the Customer’s sole and exclusive remedy for the default event giving rise to the credit.
5.2. Downtime. Scheduled Downtime and unscheduled interruptions may occur, and Symbiant does not warrant uninterrupted availability of the System. Normal software or hardware upgrades are scheduled for nights and weekends, GMT Time, and intended to cause a minimum amount of interruption to SaaS Services and System availability. In the event that an unscheduled interruption occurs, Symbiant will use commercially reasonable efforts to resolve the problem and return the System to availability as soon as practical. During such Scheduled Downtime and unscheduled interruptions, Customer may be unable to transmit and receive data through the SaaS Services. Customer agrees to cooperate with Symbiant during the Scheduled Downtime and unscheduled interruptions if assistance from Customer is necessary in order to restore the System to working order.
5.3. Exclusions. The Exclusions defined above shall be excluded from the calculation of Uptime.
5.4. Changes. In addition to Scheduled Downtime, Symbiant may also temporarily restrict Customer’s access to parts of the SaaS Services for necessary, unplanned maintenance or system administration purposes without notice or liability.

6.0 Non Disclosure Agreement

PARTIES
6.1. Any company who is a client of ours or in talks with us to become a client or use our service. (the “Customer”); and
6.2. Symbiant a company incorporated in England and Wales registration number 04027419 having its registered office is at Princes Exchange, Princes Square, Leeds. LS1 4HY (the “Symbiant”).
AGREEMENT

7. Definitions
7.1 In this Agreement:
(a) “Agreement” means this agreement, and any amendments to this agreement from time to time;
(b) “Customer Confidential Information” means:
– any information disclosed by or on behalf of the Customer to Symbiant at any time before the termination of this Agreement:
– all information databased on the Symbiant servers; or
– was marked as “confidential”; or
– should have been reasonably understood by Symbiant to be confidential;
– “Permitted Purpose” means the purpose of providing software or other services provided by Symbiant.

8. Term
8.1 This Agreement shall come into force from when the Customer contacts Symbiant and shall continue in force until 1 year after the client is no longer a customer.

9. Recipient’s confidentiality obligations
9.1 Symbiant must:
(a) keep the Customer Confidential Information strictly confidential;
(b) not disclose the Customer Confidential Information to any person without the Customer’s prior written consent;
(c) use the same degree of care to protect the confidentiality of the Customer Confidential Information as Symbiant uses to protect Symbiant’s own confidential information of a similar nature, being at least a reasonable degree of care;
(d) act in good faith at all times in relation to the Customer Confidential Information; and
(e) not use any of the Customer Confidential Information for any purpose other than the Permitted Purpose.
9.2 Notwithstanding Clause 9.1, Symbiant may disclose the Customer Confidential Information to Symbiant’s officers, employees, professional advisers, insurers, agents and subcontractors who have a need to access the Customer Confidential Information for the performance of their work with respect to the Permitted Purpose and who are bound by a written agreement or professional obligation to protect the confidentiality of the Customer Confidential Information.
9.3 This Clause 9 imposes no obligations upon Symbiant with respect to Customer Confidential Information that:
(a) is known to Symbiant before disclosure under this Agreement and is not subject to any other obligation of confidentiality;
(b) is or becomes publicly known through no act or default of Symbiant; or
(c) is obtained by Symbiant from a third party in circumstances where Symbiant has no reason to believe that there has been a breach of an obligation of confidentiality.
9.4 The restrictions in this Clause 9 do not apply to the extent that any Customer Confidential Information is required to be disclosed by any law or regulation, by any judicial or governmental order or request, or pursuant to disclosure requirements relating to the listing of the stock of Symbiant on any recognised stock exchange.
9.5 Upon the termination of this Agreement, Symbiant will immediately cease to use the Customer Confidential Information.
9.6 Within 31 working days following the date of termination of this Agreement, Symbiant will destroy all databases the Customer used from our servers and backup servers.
9.7 The provisions of this Clause 9 shall continue in force for a period of 3 years following the termination of this Agreement, at the end of which period they will cease to have effect.

10. Warranties
10.1 The Customer warrants to Symbiant that it has the legal right and authority to enter into this Agreement and to perform its obligations under this Agreement.
10.2 Symbiant warrants to the Customer that it has the legal right and authority to enter into this Agreement and to perform its obligations under this Agreement.
10.3 All of the parties’ warranties and representations in respect of the subject matter of this Agreement are expressly set out in this Agreement. To the maximum extent permitted by applicable law, no other warranties or representations concerning the subject matter of this Agreement will be implied into this Agreement or any related contract.

11. Termination
11.1 Either party may terminate this Agreement by giving 30 days written notice of termination to the other party.
11.2 Upon the termination of this Agreement, all of the provisions of this Agreement shall cease to have effect, save that the following provisions of this Agreement shall survive and continue to have effect (in accordance with their express terms or otherwise indefinitely): Clauses 7, 9, 11.2, 11.3 and 12.
11.3 The termination of this Agreement shall not affect the accrued rights of either party.

12. General
12.1 No breach of any provision of this Agreement shall be waived except with the express written consent of the party not in breach.
12.2 This Agreement may be varied by a new general non disclosure agreement that is published on the Symbiant web site.
12.3 This Agreement is made for the benefit of the parties, and is not intended to benefit any third party or be enforceable by any third party. The rights of the parties to terminate, rescind, or agree any amendment, waiver, variation or settlement under or relating to this Agreement are not subject to the consent of any third party.
12.4 Nothing in this Agreement shall exclude or limit any liability of a party for fraud or fraudulent misrepresentation, or any other liability of a party that may not be excluded or limited under applicable law.
12.5 Neither Party shall assign, sub-contract or deal with this Contract in any other way without the prior written consent of the other Party, such consent shall not be unreasonably withheld or delayed. Any sub-contracting or assignment shall not relieve the Client from any liability, obligation or duty attributable to the Client under this Contract.

12.6 This Contract comprises the entire agreement between the Parties and supersedes all previous communications, representations or agreements between the Parties with regard to their respective rights and obligations hereunder.

12.7 These terms and conditions shall have precedence over any other document referred to in the Contract except the Quotation. In particular, but without prejudice to the foregoing, these terms and conditions shall prevail over any terms or conditions contained in or referred to in any order or other document emanating from the Client.

12.8 Each of the provisions and sub-provisions of the Contract is severable from the others. Any provision or subprovision which is held to be illegal, invalid or unenforceable, shall be severed from the others without affecting or impairing the remainder of the affected provision or the remainder of the Contract which shall remain in full force and effect.

12.9 The Parties to the Contract do not confer any rights on any person who is not a party to the contract and expressly exclude the operation of the Contracts (Rights of Third Parties) Act 1999. For the purpose of this Clause, lawful assigns of the Parties are not “third parties”.
(a) Nothing in the Contract is intended to, or shall be deemed to, establish any partnership or joint venture between the parties, nor constitute either party the agent of the other for any purpose. Neither party shall have authority to act as agent for, or to bind, the other party in any way.

(b) This Agreement shall be governed by and construed in accordance with the laws of England and Wales.
(c) The courts of England and wales shall have exclusive jurisdiction to adjudicate any dispute arising under or in connection with this Agreement.

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