Terms of Use

Overview

This document sets out the terms, conditions, rights and obligations (Terms of Use) that apply to use of this website and all other services provided by Verity Agency Services Pty Ltd ABN 27164580563, trading as DCAAS and DATA CENTRE AS A SERVICE (DCAAS).


Definitions

The following definitions apply when reading this document:


  1. We, our or us. Means DCAAS and includes it's subsidiaries, directors, officers, employees and subcontractors.
  2. Third Party or Third Parties. Means a person, organisation or organisations other than DCAAS.
  3. Online Services. Means any and all services provided electronically by DCAAS, including websites, portals, forms and email.
  4. You, your or yourself. Means a person or system accessing the Online Services, either personally, directly or through an automated process or program.
  5. Content. Means any information or data available through or accessed via the Online Services, including but not limited to written articles, images and illustrations, audio or video, photographs, trademarks, trade names, service marks, logos, designs, computer software and computer code.
  6. Use, using or usage. Means your use of or access to the Online Services and Content, either personally, directly and in real time, or through an automated process or program.
  7. Product. Means a service or product purchased or reserved through the Online Services, including software, configurations and services.
  8. Registered Client Means a person or organisation:
    1. That has agreed to these Terms of Use and our Privacy Policy
    2. That has provided information required by us to access the Online Services and has been approved by us for access
    3. Who's access has not been terminated in line with our rights under these Terms of Use.
  9. Privacy Policy. These Terms of Use should be read in conjunction with our Privacy Policy.
  10. External Services. Means websites or services not operated by us and not subject to these Terms of Use or our Privacy Policy.
  11. Applicable Law. Means the laws of the Australian Capital Territory under which these Terms of Use are governed.

Agreement to the Terms of Use

If you do not agree with any provisions set out in these Terms of Use, you must immediately discontinue use of the Online Services. Conversely, by continuing to use the Online Services, you confirm your unconditional acceptance of these Terms of Use and agree to be legally bound by them.


Copyright and Allowed Usage

The Content of the Online Services is owned by us or licenced to us under agreements with Third Parties. You may not, without our prior written consent (which consent we may withhold in our absolute discretion), use the Content for any purpose other than the intended use of the Online Services. This includes but is not limited to copying, reproducing, commercialising, adapting, or creating derivative works from the Content.


You may only use the Online Services for lawful purposes. You are solely responsible for ensuring that your use of the Online Services does not breach any laws that are applicable to you.


You may not distribute or otherwise make available through the Online Services any material which:


  1. Includes or may include computer viruses, worms, spyware or malware, or other malicious objects;
  2. In our opinion and in our sole discretion is objectionable, including being false or misleading, libellous or defamatory, discriminatory, racist, pornographic or obscene, abusive, harassing or threatening;
  3. Violates or infringes on the copyright, trademark, patent, trade secret, intellectual property or privacy of others; or
  4. Solicits the supply of commercial services or contains advertising.

We do not permit the transmission of unsolicited commercial email (SPAM) using the Online Services and will immediately terminate your access to the Online Services if we assess you are transmitting SPAM.


You may not use the Online Services to participate in networks such as The Onion Router (TOR) or other similar technologies, or to access or provide access to systems which are part of what is commonly known as the Dark Web.


Change

We reserve the right to change any part of the Online Services at any time without notice and in our absolute discretion, including but not limited to these Terms of Use, our Privacy Policy and any other Content. If you are a Registered Client we will attempt to notify you of any changes to these Terms of Use and our Privacy Policy, however, it remains your responsibility to ensure you are familiar with the most recent version of these Terms of Use and our Privacy Policy when you use the Online Services.


Availability

The Online Services are provided on a best efforts basis. At no time do we warrant or commit that the Online Services will be continuously available.


Accuracy of Information

We exercise our best endeavours to keep the information on this website accurate and up to date but we do not warrant that the information is complete, current or free from errors.


System Errors and Malfunctions

The Online Services rely on complex technology for their delivery. We are not responsible for any loss incurred as a result of system errors or malfunctions.


Licencing

We use various software products in the delivery of the Online Services, each of which may be subject to its own licencing requirements and agreement. By using the Online Services, you agree to be bound by these licencing requirements and agreements. Further information on licencing requirements and agreements applicable to the Online Services can be found here.


Our Liability

You use the Online Services at your own discretion and risk. To the extent lawfully permitted, we exclude all liability for any loss or damage of whatever kind (including consequential or incidental damage) that you may suffer, directly or indirectly, in connection with your use of the Online Services however arising, including due to our negligence.


We specifically exclude all liability for any loss or damage that may result from your use of, or reliance upon the Content. In the event a court determines under Applicable Law we have a liability to you in relation to any service or Content you access through the Online Services for any reason, we limit our liability to the re-supply of the service or Content or payment of the cost of having the service or Content supplied again in our sole discretion.


External Services

The Online Services may contain links or references to External Services. This does not constitute any endorsement or recommendation by us of the External Services or their operators. If you access External Services via a link or reference from the Online Services it is your responsibility to familiarise yourself with the usage terms and privacy policy of the External Service. We have no control over External Services and specifically exclude any and all liability associated with their use.


Goods and Service Tax

We are required by law to collect Goods and Services Tax (GST) of 10% for services provided to clients located or normally resident in Australia. Any GST we collect is paid to the Australian Government and is not part of our service charges or professional fees.


Acceptance, Restriction and Termination

We reserve the right to decline the supply of any product offered through the Online Services. We may terminate or restrict your use of the Online Services and products at any time without notice. If we restrict, terminate or decline to provide a product our sole obligation and liability will be the refund of any fees paid in accordance with the Cancellation and Refunds policy in these Terms of Use.


Cancellation and Refunds

Products may be cancelled either by you or by us. If you cancel a Product we will provide a full refund, less any non-refundable transaction costs incurred by us. Examples of non-refundable transaction costs are credit card and PayPal processing fees.


Please note:

  • We can only refund using the same mechanism and account used for payment (e.g. the same credit card, PayPal or bank account).
  • All refunds are processed manually by us, normally within 3 business days of a refund request, or of us notifying you that the Product has been declined or cancelled. Circumstances in which a refund my be delayed beyond 3 days include where there is suspected fraud. While this is rare, we will not process a refund until we are satisfied with the integrity of the transaction.

Need More Information?

If you have any questions in relation to these Terms of Use, please contact us online or write to:


  • DATA CENTRE AS A SERVICE
  • PO Box 1808,
  • Southport BC QLD, Australia 4215.