DataV provides rapid interpretation of data to understand relationships, patterns, and trends
By integrating live dashboards, DataV can present and monitor business data simultaneously. This data-driven approach enables for well-organized data mining and analysis allowing the user to seize new opportunities that otherwise might remain hidden.
Why Public Cloud - Self-Managed?
- Manage your own Cloud and ensure cost effective business solutions are delivered in a time critical manner.
- Deliver dynamic business solutions that take advantage of security, scale and agility on an international scale.
- Adopt flexible ‘Pay as You Go’ or Monthly or Yearly Subscription financial models.
- Alignment with Australian regulatory requirements including Data Privacy and Mandatory Data Breach.
- Leveraging Alibaba Public Cloud running across two highly available and secure Sydney Data Centres amongst many Financial, Insurance, Logistics, Mining, Retail, Airline, Government and Agricultural organisations.
- Gain significant incentives and discounts leveraging TAScloud's strategic and long term Tier 1 premier partnership agreement between TAScloud and Alibaba International.
- Provide organisational wide agility being able to move between Public and Private Cloud with different service offerings delivering cost effective agile workload migrations.
- Integrate with or migrate to this Public cloud providing the ability to leverage existing innovations without missing out on new and innovative business solutions and service offerings.
- Leverage 30 years of banking and insurance grade consulting, professional services and managed services from TAS, TAScloud's parent company.
- Leverage TAS SD-WAN to deliver integrated Hybrid Cloud solutions with your existing SaaS and Data Centre services.
Expert Cloud Specialists
Reduce Delivery Friction
- Fintech Innovative Services
- Insurtech Innovative Services
- Blockchain Services built on Hyperledger
- Retail Businesses that have bursting workloads
- Health Services that need unmatched security
- Mining, Manufacturing and Agricultural IoT services
- Online entertainment services with dynamic scalability
- Start-up organisations requiring services on demand
- Hospitality business that can scale across the globe
Get Started with our Self Managed Offering
Register to access and manage your Public cloud computing platform leveraging Australian Alibaba services for Australian and New Zealand businesses. Thank you for the opportunity to partner with us. Please allow a few business days for your registration to be processed
Terms and Conditions
TAS Cloud Customer Agreement
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY
This agreement (TAS Cloud Customer Agreement) is a legally binding agreement between you (“you” or “your”) and TAS Cloud Pty Ltd (ACN 624 175 659) (TAS Cloud). You will have entered into and be bound by the terms of this TAS Cloud Customer Agreement when you have completed the registration process as a TAS Cloud Customer on the TAS Cloud Website located www.TASCLOUD.global (TAS Website).
This TAS Cloud Customer Agreement, including any marketplace supplemental (collectively referred to as the TAS Cloud Website) set out the terms and conditions governing your access and use of your customer account (Account) with TAS Cloud.
1. Application and Acceptance of the Terms
- You may not register for an Account and/or use the TAS Cloud Products (as defined below) unless you accept and agree to be bound by the terms and conditions in this TAS Cloud Customer Agreement when registering
- By completing the registration process for an Account and clicking the “I agree” button, you agree to be bound by the terms and conditions of this TAS Cloud Customer Agreement, as well as the terms and conditions of the following:
- TAS Cloud Product Terms;
- any other website or service rules and policies as adopted and published on the TAS Cloud Website or on any of its Affiliates website from time to time,
(collectively referred to as the Terms).
- We may in our sole discretion refuse to register you and provide you with an Account.
2. Use of TAS Cloud Products
- (Access) You may access, purchase, subscribe to, or use through your Account any and all of the products or services made available by TAS Cloud or any of its Affiliates (TAS Cloud Products) in accordance with the Terms and any applicable specific service level agreements (SLAs) notified or published by TAS Cloud or its relevant Affiliate.
- (Registration) You may register as a TAS Cloud Customer by completing the registration form/process on the TAS Cloud Website located at www.TASCLOUD.global and if your registration is accepted, TAS Cloud will provide a link to your Account where you can set up your access to your Account to access the TAS Cloud Products on any TAS Cloud Website through your Account.
- (TAS Cloud Products) TAS Cloud Products include the products and services offered to you as a TAS Cloud Customer by TAS Cloud or any of its Affiliates on a TAS Cloud Website and the functions, features, and content of your Account, but exclude any content or services made available to you by any third party on the TAS Cloud Website (including any third party content provided on the International Marketplace) or in conjunction with the TAS Cloud Products.
- you shall be solely responsible for:
- maintaining the confidentiality of your user name and password; and
- for all activities that occur under your user name and password; and
- sharing of your Account with other persons, or allowing multiple users other than yourself or your business entity to use your Account may cause irreparable harm to TAS Cloud;
- you indemnify and will hold TAS Cloud harmless against any loss or damages (including but not limited to loss of profits) suffered by TAS Cloud as a result of such sharing of your Account;
- you undertake to notify TAS Cloud immediately of any unauthorized use of your Account, user ID or password or any other breach of security;
- TAS Cloud is not be liable to you, your users or any third party, for any loss or damages arising from unauthorized use of your user name or password, or any other failure by you, your employees, agents, affiliates or representatives, to comply with this Clause 2(d);
- you shall be solely responsible for:
- (Regional Offerings)
- Some products, services, promotions, campaigns, service level agreements, guarantees, and/or other forms of offerings may only apply to particular locations (including as may be described in the regional pages of the TAS Cloud Website) (Regional Offerings).
- These Regional Offerings may be offered or provided by entities other than TAS Cloud These Regional Offerings and the terms related thereto may not apply to you and/or the TAS Website. Unless otherwise specified, these Regional Offerings are not offered or provided by TAS Cloud and TAS Cloud is not liable for any matters related to the Regional Offerings.
- Products, services, promotions, campaigns, service level agreements, guarantees, and/or other forms of offerings of the TAS Cloud Products (TAS Cloud Offerings) may not apply to customers eligible for Regional Offerings and the offering entities of the Regional Offerings shall not be liable for these offerings unless otherwise specified.
- You are responsible for reviewing the terms and conditions for each Regional Offering and TAS Cloud Offering carefully before agreeing to participate, purchase, or use any of the Regional Offerings or TAS Cloud Offerings as the terms and conditions for each offering may differ.
- You agree that you shall be bound by our determination as to whether a particular product, service, promotion, campaign, service level agreement, guarantee, and/or other forms of offering constitutes a Regional Offering and/or an TAS Cloud Offering and the relevant terms applicable thereto. If you do not agree to the applicable terms and conditions, you shall cease your participation in, use, or purchase of the relevant offerings.
- (Suspension of free Products) TAS Cloud or its Affiliates may suspend or terminate all or part of the free TAS Cloud Products at any time in its sole discretion;
- (Suspension generally) Subject to any specific terms of service of any particular TAS Cloud Product, TAS Cloud or any of its Affiliates has the right to change, upgrade, modify, limit or suspend the TAS Cloud Products or any of their related functionalities or applications at any time temporarily or permanently and by continuing to use the relevant TAS Products you agree to be bound by any amended and restated SLA; and
- (Changes to charges) TAS Cloud or its Affiliates reserves the right to charge for any and all TAS Cloud Products or any feature or functionality of the TAS Cloud Products at any time in their sole discretion;
- (Availability) benefits, features and functions available to you for any TAS Cloud Products may vary for different countries and regions and TAS Cloud gives no warranty or representation that a particular feature or function or the same type and extent of features and functions will be available in all countries and regions or for all users.
- (variation of access) TAS Cloud or its Affiliates may in their sole discretion limit, deny or create different levels of access to and use of any TAS Cloud Products (or any features comprised therein) with respect to different users;
- (Limitation of Liability) to the full extent permitted by law:
- TAS CLOUD PRODUCTS ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS; and
- SUBJECT TO ANY SPECIFIC TERMS OF THE TAS CLOUD PRODUCTS, YOU AGREE THAT IN NO EVENT WILL TAS CLOUD BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY INABILITY TO USE THE TAS CLOUD PRODUCTS (WHETHER DUE TO DISRUPTION, CHANGES TO OR TERMINATION OF THE TAS CLOUD PRODUCTS OR OTHERWISE), ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS WITH RESPECT TO ANY COMMUNICATIONS OR TRANSMISSION OR DELIVERY OF ALL OR ANY PART THEREOF, OR ANY DAMAGE (DIRECT, INDIRECT, CONSEQUENTIAL OR OTHERWISE) ARISING FROM THE USE OF OR INABILITY TO USE THE TAS CLOUD PRODUCTS; AND
- (pass through basis) if any TAS Cloud Products involve any software applications provided by third parties, such software applications are made available to you on a pass-through basis directly by other companies or individuals under separate terms and conditions, including separate fees and charges and since TAS Cloud or its Affiliates may not have tested or screened such software applications, your use of such software applications is at your own risk; and
- (service level credits)
- the availability to you of any service level credits under any SLAs is conditional upon your full and timely compliance with the Terms; and
- If in our discretion we pay to you any service level credits under any SLA, no further or other claims shall lie against us in respect of any claims or matters arising under any such SLA.
3. Customer Responsibilities
- You agree to:
- (provision of information) provide:
- true, accurate, and current information about yourself, and your business, as well as information about your credit card, bank account or other forms of payment, as may be requested by TAS Cloud; and
- any additional information to TAS Cloud when requested by TAS Cloud in connection with customer service, risk control, fraud prevention and compliance procedures;
- (maintenance of information) maintain and promptly amend all information provided to TAS Cloud to keep it true, accurate, and current;
- (content management) be responsible for the development, operation, maintenance, transfer, processing, storage, and use of the content that you run on the TAS Cloud Products, cause to interface with the TAS Cloud Products, submit to or upload into the TAS Cloud Products under your Account (Customer Content);
- (compliance with laws) comply with the Terms and any and all applicable laws and regulations when using the TAS Cloud Products;
- (security) maintain appropriate security, protection and backup of the Customer Content;
- (End User) be responsible for:
- your End Users (as defined below) use of the Customer Content and the TAS Cloud Products directly or indirectly through your use of the TAS Cloud Products; and
- ensuring that such End Users act in ways that comply with the Terms.
For the purpose of this TAS Cloud Customer Agreement, an End User means any individual or business entity that accesses or uses the Customer Content or uses the TAS Cloud Products directly or indirectly through you.
TAS Cloud shall not be held responsible for any loss or damage arising from or in connection with any Customer Content or any use or reliance thereon.
- (provision of information) provide:
- You shall not (whether through your End Users or otherwise):
- sell, transfer, or sublicense your TAS Cloud Account to others without TAS Cloud’s prior written consent;
- engage in or be part of any scheme to cheat, mislead or defraud TAS Cloud, other members, other users of the TAS Cloud Website, any other third party or for any unlawful purpose;
- infringe or otherwise abet or encourage the infringement or violation of any third party’s Intellectual Property Rights (as defined below) or other proprietary right or rights of publicity and privacy or other rights recognized at law;
- impersonate any person or entity, misrepresent yourself or your affiliation with any person or entity or otherwise engage in fraudulent representations or conduct;
- violate any applicable law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
- use the TAS Cloud Products for any activities related to bitcoin mining or the creation of other virtual currency or similar instruments;
- submit or provide to TAS Cloud any content (including Customer Content) that:
- contains information that is defamatory, libelous, unlawfully threatening or unlawfully harassing;
- is obscene or contains or infers any pornography or sex-related merchandising or any other content that otherwise promotes sexually explicit materials, or is otherwise harmful to minors;
- promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- involves any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information; or
- is otherwise objectionable on the grounds of public interest, public morality, public order, public security, national harmony or is prohibited by applicable laws;
- undermine the integrity of the computer systems or networks used by TAS Cloud, it Affiliates and/or any user of the TAS Cloud Products and you shall not attempt to gain unauthorized access to such computer systems or networks;
- modify, alter, tamper with, repair, or create derivative works of any software included in the TAS Cloud Products (unless otherwise expressly permitted in the relevant software included in the TAS Cloud Products);
- reverse engineer, disassemble, or decompile any part of the TAS Cloud Products;
- access any process or procedure to derive the source code of any software in the TAS Cloud Products;
- access or use the TAS Cloud Products in a way intended to avoid the relevant fees or charges; or
- resell or sublicense any TAS Cloud Products.
4. Rights in Customer Content
- You retain any rights you may have in any Customer Content but hereby irrevocably grant TAS Cloud and its Affiliates a worldwide, perpetual, irrevocable, exclusive, assignable, royalty free, fully paid-up and transferable licence to do all acts comprised in the Intellectual Property Rights in respect of such Customer Content, including without limitation the rights to use, exercise, reproduce, display, modify, communicate, adapt, perform, distribute or develop the same in all forms of media whether now known or in the future invented, for the purposes of providing you and your End Users the TAS Cloud Products, and all administrative arrangements relating thereto, and to improve the TAS Cloud Products. You also grant each user of the TAS Cloud Products a non-exclusive licence to access your Customer Content through the TAS Cloud Products, and to use, exercise, reproduce, display, communicate, perform, or distribute your Customer Content as permitted through the functionality of the TAS Cloud Products and under the Terms.
- “Intellectual Property Rights” shall mean:
- all rights, title and interest in and to all intellectual property rights, including any and all copyrights, patents, trademarks, service marks, logos, get-up, trade names, internet domain names, rights in designs, rights in computer software, database rights, semi-conductor topography rights, utility models and rights in know-how, in each case whether registrable or not, and including any applications for registration, and all rights or forms of protection having equivalent or similar effect anywhere in the world, and across all platforms and mediums whether now known or in the future invented;
- all rights under licences, consents, orders, statutes or otherwise in relation to any of the rights referenced in sub-paragraph (i) above;
- all rights of the same or similar effect or nature as or to those in sub- paragraphs (i) and (ii) which now or in the future may subsist;
- all rights to income, royalties, damages, claims and payments now or hereafter due or payable with respect thereto; and
- all rights at law or in equity to sue for past or future infringements of any of the foregoing rights.
5. Investigation and Enforcement
- TAS Cloud and its Affiliates shall have the right, to investigate any End User or your breach or violation of the Terms.
- TAS Cloud and its Affiliates shall have the right to report any activities that TAS Cloud or its Affiliates considers to be in violation of the Terms or any regulations or laws in any jurisdiction to the relevant enforcement agencies, regulators, government bodies, and any other appropriate third parties and TAS Cloud and its Affiliates shall have the right to access, disclose and/or remove any content you published on or submitted to TAS Cloud or its Affiliates, or to the TAS Cloud Website (including any Customer Content) in connection therewith or to comply with applicable law, legal process or lawful government requests, or in respect of any claims or potential claims brought against TAS Cloud or its Affiliates, or its shareholders, subsidiaries or affiliates.
6. Fees, Payment and Tax
- Unless otherwise provided by the Product Terms of Service, the Marketplace Supplemental to this TAS Cloud Customer Agreement, or agreed to by us in writing, any payments, fees, charges or taxes payable under this TAS Cloud Customer Agreement and/or the Terms shall be payable by you in accordance with the prevailing TAS Cloud Payment and Tax Terms. You will pay TAS Cloud the applicable fees for use of the relevant TAS Cloud Products by the payment methods that the TAS Cloud specifies.
- Any and all payment made by you may not be set-off or counterclaimed without the written consent of TAS Cloud.
- The fees, charges, and tax terms for the TAS Cloud Products as contained in the TAS Cloud Payment and Tax Terms may be updated from time to time on the TAS Cloud Website and will take effect upon publication on the platform.
7. Purchase Credit and Product Purchases for Certain Enterprise Customers
- For certain enterprise customers, subject to TAS Cloud’s review of a purchase credit application (the “Credit Application”) under the terms set out in this Agreement, TAS Cloud may provide you a credit limit for making purchases of the TAS Cloud Products (the “Purchase Credit”). Upon TAS Cloud’s approval of your Credit Application, you may proceed to use the Purchase Credit to purchase TAS Cloud Products via the TAS Cloud Website.
- Credit Application and Approval:
- TAS Cloud may request you provide any information and documents as reasonably required by TAS Cloud to assess your financial status and capability in order to determine the appropriate Purchase Credit limit suitable for you.
- TAS Cloud shall have sole discretion to decide on whether to grant Purchase Credit to you as well as the amount of Purchase Credit. TAS Cloud’s determination of the Purchase Credit shall be final. The amount of Purchase Credit granted to you will be notified to you in writing.
- Use of Credit
- The Purchase Credit limit granted to you may be used to purchase TAS Cloud Products by placing an order on the TAS Cloud Website subject to applicable terms and conditions.
- Used Purchase Credit will not be restored until you have settled payment for the used Purchase Credit in accordance with the payment settlement terms of this Agreement.
- If your Purchase Credit balance is insufficient for settling payment, TAS Cloud shall have the right, but not the obligation, to suspend your subscription or use of the TAS Cloud Product until your Purchase Credit balance is restored.
- Restoration and Settlement of Purchase Credit
- Used Purchase Credit will be restored upon your payment in accordance with the terms of this Agreement.
- TAS Cloud shall have sole discretion to adjust the amount Purchase Credit provided to you, including but not limited to, based on our risk assessment, your transaction history and your financial status.
- TAS Cloud shall have the right, but not the obligation, to carry out any of the following in the event that you fail to make timely payment in accordance with the terms of this Agreement:
- reduce your Purchase Credit;
- cancel your Purchase Credit; or
- suspend or terminate your subscription or use of the TAS Cloud Products purchased.
- Any Purchase Credit granted to you may be used until the expiry or termination of this Agreement. Notwithstanding any of the foregoing, your Purchase Credit will expire/cease to be available for use upon the occurrence of any of the following:
- you apply for cancellation of its Purchase Credit limit and TAS Cloud approves the application;
- you provide any inaccurate or misleading information to TAS Cloud, fail to provide any requested information, or otherwise breach the terms of this Agreement;
- TAS Cloud believes that you are or may be unable to fulfil your payment obligations under this Agreement; or
- TAS Cloud reasonably believes that you have engaged in any unlawful activities.
- Unless otherwise provided in this Agreement, TAS Cloud has the right to cancel your Purchase Credit limit at any time by providing a prior written notice to you.
8. Term, Account Termination or Suspension, Effects of Termination
- This Agreement is effective as of the date on which TAS Cloud sends you a notice under this Agreement stating that you have successfully registered your Account.
- Without prejudice and in addition to its rights and remedies at law or equity (including without limitation as set out in the TAS Cloud Payment and Tax Terms), TAS Cloud or its Affiliates may suspend or terminate your Account, or limit or restrict your rights to your Account, immediately upon notice to you if, in the sole opinion of TAS Cloud, you or your End Users have engaged in any of the following:
- breached the Terms;
- used the TAS Cloud Products in a way that poses a security or system stability risk to the TAS Cloud Website or any third party;
- used the TAS Cloud Products in a way that subjects, or will subject, TAS Cloud or its affiliates to liability;
- engaged in any fraudulent, deceptive or unlawful act; or
- become the subject of any bankruptcy, reorganization, liquidation, dissolution or similar proceedings.
- If TAS Cloud suspends your right to use your Account or any of the TAS Cloud Products, you shall remain responsible for any and all fees and charges for the TAS Cloud Products that you have incurred up to the date of termination of service. You will not be entitled to any service credits under any SLA during the period of service suspension. You shall be responsible for the fees and charges for the TAS Cloud Products that you continue to have access or rights to use.
- Your rights under any license granted to you by TAS Cloud or any of its Affiliates pursuant to your use of the TAS Cloud Products will terminate immediately upon the termination of your service or Account.
- In the event of the termination of this Agreement for any reason whatsoever:
- you must delete any information, text, images, graphics, video clips, sound, directories, files, databases or listings, etc. in your possession which has been made available to you via the TAS Cloud Products;
- you will lose access to any Customer Content you have provided to TAS Cloud or to its Affiliates, and TAS Cloud or to its Affiliates will delete such Customer Content at TAS Cloud’s sole discretion unless retention is required under applicable law;
- the licence granted by you to TAS Cloud or to its Affiliates to use your Customer Content described in Clause 4(a) shall continue notwithstanding such suspension or termination; and
- any clause which by reasonable implication is intended to survive termination of this Agreement shall survive the expiry or termination of this Agreement.
9. Representations and Warranties
You represent and warrant to TAS Cloud that:
- You, your End Users or your licensors own any and all right, title, and interests in and to the Customer Content;
- You have all rights in the Customer Content necessary for granting TAS Cloud the rights under this Agreement;
- None of your Customer Content will violate the Terms or any applicable laws or rights of other third parties (including any Intellectual Property Rights);
- You have the right to enter into contracts for the Terms;
- You have the right to operate your Account with the TAS Cloud Website; and
- You have the right to use, purchase or subscribe to any of the TAS Cloud Products.
- You will defend, indemnify, and hold harmless TAS Cloud, its affiliates, licensors, and each of their respective employees, officers, directors, and representatives from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or in connection with any third party claims concerning your and/or your End Users:
- use of the TAS Cloud Products;
- breach of the Terms;
- breach of any applicable laws;
- alleged infringement (including infringement of any Intellectual Property Rights) or misappropriation of third party rights in respect of any Customer Content or by the use, development, design, production advertising or marketing of the Customer Content; and/or
- disputes against each other, to the extent that TAS Cloud, its affiliates, licensors, and each of their respective employees, officers, directors, and representatives has not contributed to any third party claim.
- TAS Cloud will promptly notify you of any claim subject to the above, but TAS Cloud’s failure to notify you will only affect your obligations above to the extent that our failure prejudices your ability to defend the claim. TAS Cloud reserves the right to assume control of the defence and settlement of the claim at any time.
11. Disclaimers and Limitation of Liability
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TAS CLOUD PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND TAS CLOUD HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, OR AS TO THE TAS CLOUD PRODUCTS BEING UNINTERRUPTED, ERROR FREE, FREE OF HARMFUL COMPONENTS, SECURE, OR NOT OTHERWISE CAUSING DAMAGE OR LOSS OF FUNCTIONALITY OR DATA.
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TAS CLOUD AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE TAS CLOUD WEBSITE.
- TAS Cloud and its Affiliates shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort or otherwise or any other damages resulting from any of the following:
- the use or the inability to use the TAS Cloud Products;
- any defect in goods, samples, data, information or services purchased or obtained from a third-party service provider through the TAS Cloud Website;
- unauthorized access by third parties to data or private information of you;
- statements or conduct of any user of the TAS Cloud Website; or
- any other matter relating to the TAS Cloud Products however arising, including negligence.
- With the exception of Consumer Guarantees, TAS Cloud excludes:
- any term, condition or warranty that may otherwise be implied into this agreement;
- any liability for loss or damage incurred as a result of or in connection with the negligence of TAS Cloud; and
- any liability for Consequential Loss.
- Save only for any warranties, representations, conditions and undertakings by TAS Cloud expressly contained in this Agreement, TAS Cloud hereby excludes all other warranties, representations, conditions and undertakings, express or implied, to the maximum extent permitted under applicable law.
- TAS Cloud and you agree that, other than a claim pursuant to a Consumer Guarantee TAS Cloud's liability for Claims shall be limited to the greater of::
- the amount of fees you have paid to TAS Cloud or its affiliates for the Services during the calendar year before the Claim was made;
- USD100; or
- the amount prescribed by the terms of relevant service level agreements in connection with your use of specific Services.
- All claims against TAS Cloud in respect of any of the matters referenced in this Clause 11 must be filed within one (1) year from the date of the Claim.
- Subject to Clause 11(i), the liability of TAS Cloud in respect of any breach of or failure to comply with any Consumer Guarantee is limited to the following:
- in the case of goods, to:
- the replacement of the goods or the supply of equivalent goods;
- the repair of the goods;
- the payment of the cost of replacing the goods or of acquiring equivalent goods; or
- the payment of the cost of having the goods repaired; and
- in the case of services, to:
- the supplying of the services again; or
- the payment of the cost of having the services supplied again.
- in the case of goods, to:
- The liability of TAS Cloud in respect of a breach of or a failure to comply with a Consumer Guarantee will not be limited in the way set out in Clause 11(g) if:
- the goods or services supplied are goods or services ‘of a kind ordinarily acquired for personal, domestic or household use or consumption’, as that expression is used in section 64A of the Australian Consumer Law;
- it is not ‘fair or reasonable’ for TAS Cloud to rely on such limitation in accordance with section 64A(3) of the Australian Consumer Law; or
- the relevant Consumer Guarantee is a guarantee pursuant to sections 51, 52 or 53 of the Australian Consumer Law.
- The limitations and exclusions of liability under the Terms shall apply to the maximum extent permitted by law and shall apply whether or not TAS Cloud has been advised of or should have been aware of the possibility of any such losses arising.
For the purposes of this clause 11:
“Australian Consumer Law” means schedule 2 of the Competition and Consumer Act 2010 (Cth) and any equivalent state or territory legislation.
“Claim” means any claim, liability, cost, expense, loss or damage suffered or incurred by you, however arising (including, without limitation, from or by the negligence of the TAS Cloud) in connection with this agreement.
“Consumer Guarantee” means a right or guarantee you may have under the Australian Consumer Law or other rights in relation to the supply of goods or services (such as terms implied into a contract) that cannot lawfully be excluded.
- We may provide notice to you under this Agreement by posting a notice on the TAS Cloud Website or emailing it to your Account. Notices will be deemed to be effective upon posting and notice by email will be deemed effective by the time the email is sent.
- You must provide notice to us by personal delivery, overnight courier, or registered mail to TAS Cloud.
- Notice by overnight courier or registered mail will be deemed effective one business day after being sent. Notice provided by personal delivery will be effective immediately upon successful receipt by us.
13.1 Assignment and novation
TAS Cloud shall have the right to assign and/or novate any part of or all of the Terms (including any of our rights, titles, benefits, interests, and obligations and duties in the Terms and this Agreement) to any person or entity (including any affiliates of TAS Cloud). TAS Cloud may by written notice to you (which may be posted on the TAS Cloud Website) require such novation of the Terms or any part thereof, and you hereby irrevocably agree and consent to any such novation, whereupon TAS Cloud shall be released and discharged from all of its obligations under these Terms, as well as all claims, actions and demands arising under these Terms up to the time of such novation. You may not assign, in whole or part, any of the Terms (including this Agreement) to any person or entity.
13.2 Entire Agreement
This TAS Cloud Customer Agreement and the Terms constitute the entire agreement between you and TAS Cloud with respect to and governs the use of the TAS Cloud Products, superseding any prior written or oral agreements in relation to the same subject matter herein.
13.3 Nature of relationship
You and TAS Cloud are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this TAS Cloud Customer Agreement.
If any term in this TAS Cloud Customer Agreement is adjudicated by a court or tribunal of competent jurisdiction to be void or unenforceable, the validity or enforceability of the remainder of the terms herein shall remain in full force and effect.
TAS Cloud’s failure to enforce any right or failure to act with respect to any breach by you under this TAS Cloud Customer Agreement will not waive that right nor waive TAS Cloud’s right to act with respect with subsequent or similar breaches.
13.6 Remedies Cumulative
Unless a right or remedy of you or TAS Cloud is expressed to be an exclusive right or remedy, the exercise of it by either party is without prejudice to either party’s other rights and remedies at law and/or in equity.
13.7 Further assurances
You shall do and execute or procure to be done and executed all such further acts, deeds, things and documents as may be necessary to give effect to the terms of this TAS Cloud Customer Agreement.
13.8 Non party
Save for TAS Cloud and its affiliates, a person who is not a party to this TAS Cloud Customer Agreement has no right under the Contracts (Rights of Third Parties) Act (Cap. 53 B) (Rev Ed 2002) to enforce any term of this TAS Cloud Customer Agreement.
13.9 Delays and Disruptions
Unless otherwise provided in the terms and conditions of the relevant TAS Cloud Products, under no circumstances shall TAS Cloud be held liable for any delay or failure or disruption of the content or services delivered through the TAS Cloud Website (including the TAS Cloud Products) resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, Internet failures, computer failures, computer viruses, cyber-attacks, telecommunications or any other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
13.10 Governing Laws
This TAS Cloud Customer Agreement shall be governed by the laws of the Commonwealth of Australia without regard to its conflict of law provisions. The parties to the Terms hereby submit to the non-exclusive jurisdiction of the courts of the Commonwealth of Australia.
TAS CLOUD MARKETPLACE PLATFORM SUPPLEMENTAL TO THE TAS CLOUD CUSTOMER AGREEMENT (MARKETPLACE SUPPLEMENTAL)
This Marketplace Supplemental describes the terms and conditions applicable to your access and use of the Marketplace. In addition to the relevant terms of the TAS Cloud Customer Agreement, the following additional terms are applicable if you access or use the International Marketplace.
This Marketplace Supplemental forms part of the TAS Cloud Customer Agreement and any definitions used in the TAS Cloud Customer Agreement shall have the same meaning in this Marketplace Supplemental. Notwithstanding anything else in the TAS Cloud Customer Agreement, if there is any conflict or inconsistency between the terms of the TAS Cloud Customer Agreement and the Marketplace Supplemental, the Marketplace Supplemental shall prevail only to the extent of the conflict or inconsistency.
1. The International Marketplace
- The International Marketplace is an electronic platform for software (Marketplace Products) to be listed and sold to users of the International Marketplace. The Marketplace Products may be sold by independent software vendors (Third Party Vendors) or TAS Cloud. For the avoidance of doubt, the Marketplace Products are not part of and do not constitute TAS Cloud Products or TAS Cloud Offerings.
- When you purchase Marketplace Products, you may be subject to and required to agree to separate terms and conditions and privacy policies for the use of such Marketplace Products.
- TAS Cloud or its Affiliates reserves the right to suspend and/or terminate the International Marketplace without prior written notice. TAS Cloud or its Affiliates are also entitled to suspend, terminate and/or remove from the International Marketplace any Marketplace Product, if it determines that such Marketplace Product is not in compliance with applicable laws and regulations, the Terms, or any other terms and conditions applicable to the use of the International Marketplace.
2. Marketplace Products
2.1 Marketplace Products sold by TAS Cloud
You acknowledge and agree that if any Marketplace Product sold by TAS Cloud or its Affiliates is provided by third parties, your use of such Marketplace Product is at your own risk.
2.2 Marketplace Products offered by Third Party Vendors
- You acknowledge and agree that:
- TAS Cloud nor any of its Affiliates does not represent either the seller or the buyer in the sale and purchase of the Marketplace Products offered by Third Party Vendors, and cannot control and is not liable to or responsible for the condition, quality, durability, performance, accuracy, reliability, merchantability or fitness for a particular purpose, and non-infringement of such Marketplace Products, or the ability of the buyer and seller to complete the sale and purchase of the Marketplace Products; and
- you are fully assuming the risk of purchasing and using such Marketplace Products offered by Third Party Vendors.
In the event a dispute arises between you and a Third Party Vendor in relation to a Marketplace Product, and if such dispute is not resolved through amicable negotiation, you agree to submit the dispute to TAS Cloud for determination. You and the Third Party Vendor agree that TAS Cloud’s determination shall be final and binding. TAS Cloud may conduct the proceedings in such manner as it considers appropriate. At any time during the proceedings TAS Cloud may require parties to produce documents, exhibits or other evidence within such period of time as TAS Cloud shall determine. TAS Cloud shall determine the admissibility, relevance, materiality and weight of the evidence offered.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, TAS CLOUD HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT, OR AS TO THE MARKETPLACE PRODUCT BEING UNINTERRUPTED, ERROR FREE, FREE OF HARMFUL COMPONENTS, SECURE, OR NOT OTHERWISE CAUSING DAMAGE OR LOSS OF FUNCTIONALITY OR DATA.
2.5 Exclusion of Warranties
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, TAS CLOUD AND ITS AFFILIATES MAKES NO REPRESENTATIONS OR WARRANTIES ON THE VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENCY OF ANY INFORMATION PROVIDED ON OR THROUGH THE MARKETPLACE PRODUCTS; TAS CLOUD DOES NOT REPRESENT OR WARRANT THAT THE MANUFACTURE, IMPORTATION, EXPORT, DISTRIBUTION, OFFER, DISPLAY, PURCHASE, SALE AND/OR USE OF PRODUCTS OR SERVICES OFFERED OR DISPLAYED VIA SUCH MARKETPLACE PRODUCTS DOES NOT VIOLATE ANY THIRD PARTY RIGHTS; AND TAS CLOUD MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING ANY PRODUCT OR SERVICE OFFERED OR DISPLAYED ON THE VIA THE MARKETPLACE PRODUCTS.
2.6 Specific Indemnity
- You hereby agree to indemnify and hold TAS Cloud, its respective affiliates, directors, officers and employees harmless from and against any and all losses, claims, liabilities which may arise from your use of the Marketplace Products.
- To the maximum extent permitted under applicable law, TAS Cloud shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, equity or otherwise or any other damages resulting from your use of a Marketplace Product.
TAS Cloud Product Terms and Conditions for Self- Managed Products or Services
PLEASE READ THESE SERVICE TERMS CAREFULLY
These terms (Product Terms) set out terms and conditions that form part of the contractual relationship between TAS Cloud Pty Ltd (ACN 624 175 659) (TAS Cloud) and You in relation to your purchase and use of the products and services (Products), as a TAS Cloud Customer, through www.TASCLOUD.global website (TAS Website) or its Affiliates (see definition below) website (collectively referred to as the Cloud Website). By ordering any Product from a Cloud Website you agree to be legally bound by these Product Terms and that these Product Terms form part of your customer agreement with TAS Cloud.
Affiliates means a third party provider of products and services, who TAS Cloud has entered into an arrangement with for the provision of such products or services to you and which TAS Cloud promotes on its website located at www.TASCLOUD.global.
2 Product Terms (including any amendments or additional agreements)
- (Application) These Product Terms apply to your purchase and/or use of the Products from a Cloud Website, together with any product terms appearing on the Affiliate’s website from which you purchase any Product.
- (Inconsistency) If there is any conflict or inconsistency between:
- these Product Terms and any Additional Agreement (as defined below), the Additional Agreement shall take precedence over the Product Terms but only to the extent of the inconsistency; and
- these Product Terms and any terms and conditions appearing on any of our Affiliates’ websites, these Product Terms shall take precedence but only to the extent of the inconsistency.
- (Additional Agreements) Notwithstanding that these Product Terms are binding and govern your contractual relationship with TAS Cloud in relation to Products acquired on a Cloud Website, TAS Cloud may request that as a condition to the purchase of a Product you enter into a separate agreement with it in relation to the Products and/or their use(Additional Agreement). Without limiting TAS Cloud’s discretion to request entering into an Additional Agreement, this may be due to it considering that there is a need given the specific Products or risks involved or that you have asked for a tailored solution.
- (Amendments) TAS Cloud may amend these Product Terms at any time by posting the relevant amendment on the TAS Website, and you will be bound by the amended terms if you continue to use the Products 14 days after a notice of the amended Product Terms has been posted on the TAS Website.
- The Products offered on a Cloud Website to TAS Cloud Customers are limited to Customers domiciled in Australia and New Zealand. By ordering a Product you represent and warrant to TAS Cloud that you are domiciled in Australia or New Zealand.
- Notwithstanding that you are domiciled in Australia or New Zealand, to the extent that the Products are required to be delivered or used outside of one of these territories (Extraterritorial Products), the following conditions will apply:
- TAS Cloud or its Affiliates may from time to time publish on the Cloud Website:
- restrictions or limitations on the availability or performance of Extraterritorial Products; and
- amendments or addendums to these Product Terms that apply in relation to the specified Extraterritorial Products;
- unless otherwise agreed in an Additional Agreement, despite any provision to the contrary in these Product Terms, TAS Cloud:
- does not offer to provide you with Extraterritorial Services; and
- is not liable for any matters relating to the Extraterritorial Products unless expressly agreed to in an Additional Agreement;
- You agree that you will be bound by TAS Cloud’s determination as to whether a particular Product is an Extraterritorial Product under these Product Terms; and
- If you do not agree to the applicable terms and conditions, you shall cease your participation in, use, or purchase of the relevant offerings and/or Products.
4 Registration as a customer to order Products
- You must register with TAS Cloud as a Customer in order to purchase and/or use the Products as a TAS Cloud Customer from a Cloud Website.
- The registration and use of your account with the Cloud Website is governed by the terms of the TAS Cloud Customer Agreement (for the terms click here www.tascloud.global/documents/TAScloudCustomerAgreement.pdf )
- You represent and warrant to TAS Cloud that any and all information you provide to TAS Cloud from time to time (including in relation to the registration as a customer) is true, accurate, correct, complete, and not deceptive, fraudulent or misleading.
5 Third party providers
Products may be offered or provided by third parties on behalf of TAS Cloud, referred to as Affiliates.
6 General Product Terms
6.1 Your general obligations
As a condition of the purchase and use of any Product, you undertake to TAS Cloud that you will:
- (compliance with technical specifications) comply with any relevant technical documentation applicable to the Products posted by TAS Cloud or any of its Affiliates from time to time on the Cloud Website;
- (licence terms) abide by all licence terms and conditions of all third party software components, libraries and application programme interfaces comprised in any Product as from time to time notified on the Cloud Website;
- (co-operate with TAS) upon TAS Cloud’s request, cooperate with TAS Cloud or any of its Affiliates to identify and resolve any problems with the Products that TAS Cloud reasonably believes to be attributable to you;
- (monitoring use of Products) allow TAS Cloud or any of its Affiliates to monitor your purchase or use of the Products any time for the purposes of verifying compliance with these Product Terms, and not take any step or action that may block or interfere with TAS Cloud’s or any of its Affiliates’ monitoring activities;
- (compliance with applicable law) comply with all applicable laws and regulations for using the Products (including without limitation, any applicable data protection, import, re-import, export, strategic goods control, and re-export control laws, including any applicable license requirements, and international or country-specific sanctions programs);
- (payment terms) subject to clause 1(b), comply with any applicable general or specific payment terms set out on a Cloud Website for the Products that you purchased;
- (maintenance requirements) comply with any maintenance requirements for the Products that TAS Cloud or any of its Affiliates notifies you of from time to time;
- (data centre changes) in the event that TAS Cloud exercises its rights under condition 7(b)(ii) of these Product Terms, if necessary, change or update configurations of any affected Products, and you agree you will be responsible for any failure to change or update your configurations in the time period provided in the notice;
- (Special Offer Terms) agree to be bound by any additional terms and conditions relating to any Special Offers (as defined below) you choose to participate in; and
6.2 TAS Cloud Obligation
TAS Cloud undertakes to, and will ensure that any of its Affiliates:
- (compliance with applicable law) comply with all applicable laws and regulations in connection with the delivery of the Products; and
- (Specific terms) comply with any obligations applicable to TAS Cloud in relation to any Product under any applicable specific terms agreed.
7 TAS Cloud’s rights
- (Breaches) Without limiting TAS Cloud’s rights at law or under these Product Terms, TAS Cloud may at its sole discretion, if it reasonably believes that You have or may have violated any applicable law, infringed or misappropriated the rights of any third party or engaged in any deceptive, fraudulent or misleading conduct do one or more of the following:
- notify you of TAS Cloud’s awareness of such circumstances;
- take any relevant enforcement actions against you as deemed adequate and necessary in light of the circumstances, including but not limited to, requesting you to remove any unlawful content, disabling or suspending your right to use any Products, restricting your access to the Cloud Website, suspending or terminating your Account; and
- directly remove any content on the Cloud Website that may be unlawful or may disrupt, threaten, or damage the operation and functioning of the Cloud Website or other users of the Cloud Website.
- (Changes to Products) Nothing in these Product Terms prevents or limits TAS Cloud’s or any of its Affiliates’ ability to:
- launch, change, upgrade, impose conditions to, suspend, or stop offering any Product (or any features or functions within the Products), including sign-on procedures and requirements, and the manner of access to any Product (including any URLs used in connection therewith) without prior notice.
- after reasonable prior notice to you, relocate, suspend or cease operations at any data centre.
- (Special Offers) TAS Cloud may from time to time:
- offer special terms or pricing programs for the Products (Special Offers); and
- stop accepting any application for any Special Offer or discontinue the offering of any Special Offer without notifying you;
- (Application of Upgrades) TAS Cloud or any of its Affiliates may in its discretion apply any upgrades or engage in any service maintenance any time as it deems necessary provided that it will use commercially reasonable endeavours to notify you in advance of any scheduled maintenance of the Cloud Website or the Products.
- (Limitation of level of access) TAS Cloud or any of its Affiliates may in its sole discretion limit, deny or create different level of access to and use of any the Products (or any features comprised therein) with respect to different users.
8 Product-Specific Terms
Without limiting the generality of the Product Terms and subject to clause 1(b), you further agree and undertake that the purchase and use of the Products identified is subject to any additional specific terms and conditions for that Product specified on the relevant TAS Cloud Website from which the Product was purchased.
9 Exclusions and Limitations
- Any service guarantees and any related performance commitments (Service Guarantees) as set out in the Cloud Website Service Level Agreements (SLAs) only apply to your purchase and use of the Products for a fee, and shall not apply to any free Products or trial Products provided by us.
- Benefits, features and functions available to You for any of the Products may vary for different countries and regions.
- TO THE FULL EXTENT PERMITTED BY LAW, TAS CLOUD EXCLUDES ANY WARRANTY, AND HAS MADE NO REPRESENTATION, THAT A PARTICULAR FEATURE OR FUNCTION OR THE SAME TYPE AND EXTENT OF FEATURES AND FUNCTIONS WILL BE AVAILABLE IN ALL COUNTRIES AND REGIONS OR FOR ALL USERS.
Nothing in these Product Terms shall be construed as excluding or limiting the liability of you or TAS Cloud or any of our respective officers, employees and agents for any liability which cannot be limited or excluded by law including under Schedule 2 of the Competition and Consumer Act 2010 (Cth).
11 General Provisions
11.1 Entire Agreement
- These Product Terms, any Additional Agreement and the TAS Cloud Customer Agreement, constitute the entire agreement between you and TAS Cloud with respect to, and govern, the use of the TAS Cloud Products.
- These Product Terms supersede any prior written or oral agreements in relation to the same subject matter herein.
11.2 Nature of the Relationship
You and TAS Cloud are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Product Terms.
If any term is adjudicated by a court or tribunal of competent jurisdiction to be void or unenforceable, the validity or enforceability of the remainder of the terms herein shall remain in full force and effect.
11.4 Remedies Cumulative
Unless a right or remedy of you or TAS Cloud is expressed to be an exclusive right or remedy, the exercise of it by either party is without prejudice to either party’s other rights and remedies at law and/or in equity.
- TAS Cloud may assign and/or novate any part of or all of these Product Terms (including any of its rights, titles, benefits, interests, obligations and duties) to any person or entity (including any affiliates of TAS Cloud).
- TAS Cloud may by written notice to you require such novation of the Terms or any part thereof, and you hereby irrevocably agree and consent to any such novation, whereupon TAS Cloud shall be released and discharged from all of its obligations under these Terms, as well as all claims, actions and demands arising under these Terms up to the time of such novation.
- You may not assign, in whole or part, any of the Terms (including this Agreement) to any person or entity.
11.6 Notice Requirements
- Notices to TAS Cloud
- Any notice to be given to TAS Cloud under these Product Terms:
- must be in writing and clearly readable in the English language;
- must be signed by the party giving or making it (or signed on behalf of that party by its authorised representative); and
- may be delivered to a party by hand or by prepaid post or by email to TAS at Level 4, 141 Walker Street North Sydney NSW 2060 or PO Box 6155 North Sydney NSW 2059 or email@example.com or to such other address or person as a party may specify by notice given in accordance with this clause.
- A notice is taken to be duly given and received:
- if delivered by hand, when delivered; or
- if delivered by prepaid post, 7 days after being deposited in the mail with postage prepaid; or
- if delivered by email, at the time that the recipient party confirms, by non-automated email, receipt of the notice.
- Despite clause (ii), notices received after 5 pm in the place of receipt or on a non-Business Day are taken to be received at 9 am on the next Business Day.
- Notices to You
Unless otherwise expressly stated in these Product Terms, any notice required to be given by TAS Cloud to you may be published on the Cloud Website by TAS, and you will be deemed to have received such notice on the date of the publication of the notice on the Cloud Website.
11.7 Further assurances
You must do and execute or procure to be done and executed all such further acts, deeds, things and documents as may be necessary to give effect to the terms of these Product Terms.
11.8 Force Majeure
Unless otherwise provided in the terms and conditions of the relevant TAS Cloud Services, under no circumstances shall TAS Cloud be held liable for any delay or failure or disruption of the content or services delivered through the Cloud Website (including the TAS Cloud Services) resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, Internet failures, computer, computer viruses, cyber-attacks, telecommunications or any other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non- performance of third parties.
11.9 Governing Law
- These Product Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of New South Wales and Australia.
- Each party to these Product Terms agrees that the courts of New South Wales shall have non- exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Product Terms or their subject matter or formation (including non-contractual disputes or claims).
PAYMENT AND TAX TERMS
This document sets out the payment and tax terms (Payment and Tax Terms) in connection with your purchases of TAS Cloud Products and/or Marketplace Products and will form part of the TAS Cloud Customer Agreement (Customer Agreement).
Unless otherwise provided in these Payment and Tax Terms, capitalised terms used in these Payment and Tax Terms will have the same meaning as those defined in the Customer Agreement.
- All Products will be offer or quoted in United States Dollars.
- Payment for any Product must be made in United States Dollars specified on the TAS Cloud Website at the date of purchase by you, or subject to the following provisions in the Equivalent Australian Dollar Amount.
- If you wish to pay an invoice in Australia Dollars, you must on the date of payment contact TAS Cloud and request a quotation of the Australian Dollar amount. The quote provided by TAS in writing is a daily quote, and if payment is not received by TAS Cloud on or before 4pm on the day of the quotation, additional amounts, charges and/or fees will apply.
- Equivalent Australian Dollar Amount means the Australian dollar equivalent amount of the United States Dollar price passed on to you by TAS Cloud in accordance with paragraph 1(b) above (which will be determined at the foreign currency conversation rate including any charges, TAS Cloud incurs as a result of converting your Australian Dollar payment amount into United States Dollars).
- Unless agreed to by TAS Cloud in any Additional Agreement, provided that you satisfy TAS Cloud’s credit assessment, you will be invoiced (Invoice) monthly for all Products purchased by you in a calendar month at the end of that calendar month.
- You must pay to TAS Cloud, in full, without set-off, counterclaim or any withholding, the invoiced amount within the payment period specified in your Invoice.
- You may pay an Invoice, and payment must be received by TAS Cloud by one of the following payment methods:
- (Direct Deposit) by electronic funds transfer directly into the TAS Cloud account specified on the Invoice;
- (Credit Card) by MasterCard or Visa Card – the following surcharges will apply:
- Domestic Merchant Service Fee: 1.50%;
- International Merchant Service Fee: 3.5%
- (Direct Debit) by authorising TAS Cloud to debit your account – this payment method may only be utilised by You if prior to the due date for any payment you requested to pay by this method and signed a direct debit authority provided by TAS Cloud
- If we do not receive payment from you when due (Overdue Amount) we will notify you (Reminder Notice) by email to your registered email address and request you to resolve the problem.
- Without relieving you of your obligation to pay when due, in the event that you do not pay any Overdue Amount within 14 days of the date of the Invoice (irrespective of whether or not you have been issued with a Reminder Notice) TAS Cloud may (in its sole discretion) do one or more of the following:
- suspend any service in relation to your Products, until payment of the Overdue Amount has been received;
- terminate any services supplied in relation to any Products; and/or
- charge you default interest.
- Default interest on any Overdue Amount will be calculated daily at 2% per centum per annum above the then current cash rate published by the Reserve Bank of Australia from time to time. Default interest will accrue on any Overdue Amount on and from the date the payment was due to and including the date that TAS Cloud receives payment of the Overdue Amount and will be calculated on the basis of a 365 day year. TAS Cloud may capitalise any Overdue Amount including interest monthly.
- After the termination of your services, TAS Cloud has the right, to release or reuse all your instances without any liability to you 15 days after the date of termination of your services.
- For Marketplace Products which are offered as free trials, you must cancel your purchase or subscription before the free trial ends in order not to be charged for the Marketplace Product.
- Cancellations and/or configuration of automatic renewals can be carried out via the International Marketplace interface.
- All fees and amounts payable by you to TAS Cloud (collectively Fees) are exclusive of any taxes and duties, including VAT, GST, sales tax, and communication tax, required by applicable law (including local law or ordinance) (collectively Taxes).
- You agree to notify TAS Cloud, in a timely manner of any Taxes applicable to you with respect to any Fees paid by you under this agreement and to provide us with any supporting documentation and information, including your registration number for such Taxes.
- If you are legally entitled to any exemption from Taxes, you agree to provide to TAS Cloud with any required current tax exemption documentation for each applicable tax jurisdiction. TAS Cloud will apply the tax exemption certificates to Fees under your Account occurring after the date TAS Cloud receives the tax exemption certificates.
- If, during the course of an audit by a taxing authority of any transactions with you, an exemption certificate you have provided is challenged as invalid, resulting in an assessment of any Taxes on TAS Cloud, you agree to indemnify and immediately pay on demand by TAS Cloud any resulting Taxes, interest and penalties suffered or incurred by TAS Cloud.
- If any deduction or withholding is required on any Fees paid by you to TAS Cloud, you agree to pay TAS Cloud any additional amount necessary to ensure that the net amount we receive, after any deduction and withholding, equals the amount TAS Cloud would have received if no deduction or withholding had been required. In addition, you agree to provide TAS Cloud with supporting documentation, within thirty (30) calendar days of payment, that any such deduction or withholding has been timely and properly remitted to the relevant tax authorities.
3. Payment Failure
4. TAS Cloud International Marketplace Platform (International Marketplace)
6. Governing Law
These Payment Terms will be governed by and construed in accordance with the laws of New South Wales, and each party agrees to submit to the non-exclusive jurisdiction of the Court of New South Wales.
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