Additional Terms and Conditions for Cloud4C
Services Managed Service Subscriptions
The following additional terms and conditions apply to Your order of Cloud4C Services
(“Vendor”) Managed Services (“ Services”) subscriptions.
1. Term and Termination
Services start once provisioned through the marketplace. You may cancel the Services
through the marketplace so long as no Service commitments are active hereunder (i.e.
one or more of your customers are employing any active Services). You may only
terminate the Service if there are no existing term commitments for Services. If You or
Your customer terminates its use of a Service prior to the expiration of the term
commitment for the selected service, You will remain responsible to Cloud4C Services
for all remaining and accrued charges for such Service pursuant to the selected term
commitment.
Services are available for minimum commitment periods as outlines in the order process
and that appear on the Site. Services will not automatically renew.
2. Fees
You agree to pay the fees and charges for the Services as outlined in the order process
and that appear on the Site, as may be amended from time to time. If You or Your
customer exceeds the usage limits applicable to the Service subscription, You agree to
pay for the fees and charges for such over usage. For any extension of a subscription
term or the provisioning of a Service upgrade, the then-current price will apply, unless
otherwise mutually agreed in writing by You and Cloud4C Services. Cloud4C Services,
may, from time to time in its sole discretion, change the fees it charges for the Service.
Any increase in the fees will take effect at the beginning of the new subscription term.
Cloud4C Services will notify You of any such changes by updating the Site or sending
notice by e-mail or regular mail.
3. Terms of Sale & Terms of Use
All purchases are subject to the sales terms set forth
at https://azuremanagedservices.blob.core.windows.net/cloud4c/legal.pdf and service
setup information, including but not limited to pricing, (where applicable) set forth in
the marketplace. For the avoidance of doubt, notwithstanding the presence or
acceptance by Cloud4C Services of Your order, such shall be for administrative purposes
only and the parties agree that the governing terms and conditions shall be those set
forth at https://azuremanagedservices.blob.core.windows.net/cloud4c/legal.pdf unless
otherwise agreed to in writing by Cloud4C Services and You.
The Services are provided by the Cloud4C Services will apply to Your customers’ use of
the Services (“Terms of Service”). You covenant, represent and warrant that You will
present the Terms of Service to each of Your customers and obtain their enforceable
agreement to the Terms of Service before permitting them to order, access or use the
Service. You covenant, represent and warrant that no subscription for the Services will
be activated for or used by Your customers before the customer agrees to the Terms
of Service. You will track and record acceptance by Your customers of the Terms of
Service and will provide such information to Cloud4C Services upon request.
Cloud4C Services may at any time modify these terms and conditions. You and Your
customers must regularly monitor the Site for any such modifications. The modified
terms and conditions will be effective immediately after it is posted on the Site. Your
purchase and resale of the Services and You and Your customers’ use of the Services
after any such modification will be deemed acceptance of such modification.