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Act! Cloud

Terms and Conditions

The following are the Standard Terms and Conditions for the supply of Act! Cloud products/services provided by Act Today Pty Ltd (“Act Today”, ABN: 11 001 672 448). Please read these terms and conditions carefully. It is a condition of your use of our services that you understand these terms and conditions.

  • Act Today may amend the terms and conditions of this agreement at any time by giving one month’s notice of the change.
  • This agreement commences on the date of application and continues until terminated in accordance with the provisions in this agreement. This agreement constitutes the entire agreement between the parties and excludes all oral or implied terms unless such terms are agreed between the parties in writing.
  • In agreeing with these terms, the customer agrees that they have trialed the Act! Cloud Demo and agree that it meets their requirements prior to subscribing to Act! Cloud.
  • The customer will advise Act Today in a timely manner if they have reason to believe that their service is being used contrary to this agreement.
Act! Cloud

As Act! Cloud operates in a cloud environment there are some limits to the Act! functionality. By agreeing to these terms and conditions, the customer accepts these limitations. See Act! Cloud Feature Limitations. Act Today disclaims warranty of suitability of Act! Cloud for a particular purpose. It is the customers role to determine if Act! Cloud is the best option.

Service Provision

Act! Cloud databases are hosted in a highly secure data centre with a 99.9% network uptime. Every effort is made to ensure that the hosting provided by Act Today is of the highest possible reliability.

Nightly backups are automatically performed and stored for 14 consecutive days. Restores of the system can be performed within approximately two hours during business hours Eastern Daylight Savings Time (EDST). Additional backup options are available on request at an additional cost.

Act Today will make reasonable endeavours to restore data from backups within the 14 day cycle if a customer suffers data loss. Service fees apply to recovery services @ $55 per 15 minutes plus GST. Act Today does not guarantee and is not liable for customer data recovery outside the 14 day period.

Maintenance of server hardware and software occurs periodically. To minimise interruptions, maintenance is scheduled during low access times or weekends. Where possible, email notifications are sent to notify customers of maintenance where an impact on services may be expected.

Setup

Act! Cloud requires a once off setup fee of $110.00 (+GST). Depending on your user requirements, you can select from two setup options below:

Option 1: Cloud and Local

Ideal for users who would like access their data via the cloud plus additional local access to their database.

  • One (1) local installation of Act! on your PC.
  • One (1) remote ‘offline’ database. This database is a local Windows version that synchronises with your ‘cloud’ database enabling offline access on your PC or laptop.
  • Upload of your existing Act! Database to the cloud database(Max 2GB. Over 2GB may attract additional Hard Disk space charges).

Option 2: Cloud Only

If you only require access to your data via the Cloud (and do not need a local copy), you can use the setup fee for one or more of the following services (up to 30 minutes):

  • Upload of your existing Act! Database.
  • Import of existing data (needs to be provided in suitable format).
  • Remote login to your PC and setup of your Act! Preferences.
  • Initial navigation training.

Note: Additional services can be provided on a fee for service basis.

Payment

Payment for the account setup and the first three (3) months Act! Cloud service is to be made prior to the customer’s database being accessible. This payment is non-refundable.

After the initial three (3) month period, payment for the Act! Cloud account is to be made quarterly in advance. The customer authorises Act Today to charge the nominated credit card on a set date prior to the expiration of the current term. It is the customer’s responsibility to ensure that Act Today have accurate contact and payment details.

Act Today reserves the right to immediate suspension or termination of service if the account is outstanding after seven (7) days from the due date for payment.  In the suspended state, all data linked with the account will remain on the system however the account holders will not be able to access their data until settlement of the account.

Cancellation of Service

Act Today believes in providing a high standard of services. If you have any issues with our services please contact us.

The customer may cancel the Act! Cloud service in advance of any quarterly renewal date. i.e. before the end of the current subscribed quarter, with at least seven (7) days notice. For security reasons the customer must notify Act Today in writing (email or ordinary mail) of intended cancellation of their account, including authorisation from the account owner.

On termination of a service, Act Today will return the database to the customer in a standard Act! Backup file once the account has been settled. Act Today will remove any corresponding content (public and private) from their system.

Refund Policy

Payment for the initial three (3) month period and any additional setup or customisation costs are non-refundable. Payments for any subsequent quarterly periods are not refundable.

Indemnification and Liability

While Act Today endeavours to maximise the service reliability and availability, Act Today is not responsible or liable for any interruption, delay, degradation, or outage of service, nor for any damages suffered by the customer. Act Today does not accept any liability for any loss, or other commercial damage including, but not limited to incidental, consequential and other damages to the maximum permissible by law.

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