Terms and Conditions
These Terms and Conditions ("Terms") govern your access to and use of the Cloud on Demand Partner Connect partner-facing platform and related services ("Service"). By accessing or using the Service, you agree to be bound by these Terms and Conditions. If you are accessing or using the Service on behalf of another person or entity, you represent and warrant that you are authorized to accept these Terms and Conditions on their behalf.
1. Application of Terms
1.1. These Terms apply to all users of the Service. By accessing or using the Service, you agree to comply with these Terms.
1.2. You must be 18 years of age or older to use the Service. If you are under 18 years of age, you are not authorized to access or use the Service.
2. Changes
2.1. Cloud on Demand Partner Connect may modify these Terms at any time. Cloud on Demand Partner Connect will notify you of changes by email or by posting a notice on the website. Changes will be effective immediately upon notice. Your continued use of the Service after changes to the Terms indicates your acceptance of the modified Terms.
3. Provision of the Service
3.1. Cloud on Demand Partner Connect will provide the Service in accordance with the required law.
3.3. Cloud on Demand Partner Connect may use third-party services that may affect the availability of the Service.
4. Intellectual Property
4.1. Cloud on Demand Partner Connect owns all intellectual property rights in the Service within the underlying systems.
4.3. Any feedback or suggestions provided by you regarding the Service will be considered at Cloud on Demand’s discretion. However, we cannot guarantee that all feedback and suggestions will be implemented.
5. Warranties
5.1. Each party warrants that it has the authority to enter into these Terms.
5.2. Each Party represents and warrants to the other Party that:
5.1.1 it is duly organized, validly existing and in good standing under its jurisdiction of organization and has the right to enter into the Agreement;
5.1.2 the execution, delivery and performance of the Agreement and the consummation of the transactions contemplated hereby are within the corporate powers of such Party and have been duly authorized by all necessary corporate action on the part of such Party and constitute a valid and binding agreement with such Party; and
5.1.3 it complies and shall comply throughout the Term with all Applicable Laws related to the subject matter of the
Agreement in the performance of its obligations and exercise of its rights hereunder.
6. Limitation of Liability
6.1. Cloud on Demand is not liable for any damages, losses, or cost incurred in connection with your use of the Services, or related to the Agreement in connection with a breach of any obligations under the data processing. The limitations and exclusions in this clause shall apply regardless.
6.2. Neither Party shall be liable to the other for any indirect, incidental, special, exemplary, punitive or consequential loss or damage, any loss of income, profits, or revenue, any loss of goodwill or reputation, any loss, corruption or damage to data, any loss of management time, any business interruption, or the cost of cover or substitute services, arising out of or in connection with the Agreement.
6.3. Nothing in the Agreement shall exclude or limit either Party’s liability for:
(a) death or personal injury due to negligence;
(b) fraud or willful misconduct; (c) any breach of Confidentiality.
7. General
7.1. These Terms are governed by and construed in accordance with the laws of South Africa. Any disputes arising from these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of South Africa.
7.2. If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be deemed severable from the remainder of the Terms and shall not affect the validity and enforceability of the remaining provisions.
7.4. Log in credentials may not be shared externally. Accounts can be assigned/delegated to an authorised individual.
By using the Cloud on Demand Partner Connect partner-facing platform, you agree to abide by these Terms. If you do not agree with any part of these Terms, you are not authorized to use the Service. For any questions regarding these Terms, please contact us at legal@cloudondemand.co.za.
Acceptable Use Policy
Purpose
This Acceptable Use Policy (AUP) outlines the acceptable use of Cloud on Demand's services, resources and platforms. It aims to ensure the safety, security, and integrity of our services and platforms, protect the rights of our users, and maintain a positive experience for all partners/ resellers.
Scope
This policy applies to all partners/ resellers and users of Cloud on Demand's services, including but not limited to software applications, websites, and online platforms.
Acceptable Use
1. Lawful Use: Partners/ resellers must use Cloud on Demand's services in compliance with all applicable laws, regulations, and policies, including those related to data protection, intellectual property rights, and online conduct.
2. Responsible Conduct: Partners/ resellers are expected to engage in responsible and ethical behaviour while using our services. This includes treating other users with respect, refraining from harassment or discrimination, and avoiding activities that may cause harm or disruption.
3. Protection of Information: Partners/ resellers are responsible for safeguarding their account credentials and personal information. They must not share their account credentials with others or engage in any activity that compromises the security or privacy of their account or the accounts of others.
4. Prohibited Activities: The following activities are strictly prohibited:
- Violation of intellectual property rights, including unauthorized use or distribution of copyrighted material.
- Distribution of malware, viruses, or other malicious software.
- Engagement in fraudulent or deceptive practices, including phishing or identity theft.
- Harassment, defamation, or abuse of other users or third parties.
- Use of our services to facilitate illegal activities or promote violence or hate speech.
- Any activity that violates the terms of service or acceptable use policies of third-party services integrated with Cloud on Demand's services.
5. Content Guidelines: Partners/ resellers are responsible for the content they create, upload, or share through Cloud on Demand's services. Content must not infringe upon the rights of others, contain illegal or harmful material, or violate community standards or guidelines.
6. Usage Limits: Partners/ resellers must adhere to any usage limits or restrictions specified in their service agreement or subscription.
7. Reporting Violations: Partners/ resellers are encouraged to report any suspected violations of this policy or misuse of Cloud on Demand's services promptly to our support team. (supportdesk@cloudondemand.co.za)
Modifications
We reserve the right to modify this AUP at any time without prior notice. It is your responsibility to review any notifications regarding updates made to the AUP periodically.
Enforcement
Violations of this policy may result in a range of actions, including but not limited to:
- Temporary suspension or termination of service.
- Removal of offending content or accounts.
- Legal action if warranted by the severity of the violation.
- Notification to appropriate authorities as required by law.