While licensing was once the most common way to provide software and other IT services to businesses, cloud computing technologies enable the provision of the same technology through sophisticated subscription services provided over the Internet. Software as a Service (SaaS), Platform as a Service (PaaS), and Infrastructure as a Service (IaaS) form a multi-layered framework in which SaaS is directly called by consumers for a variety of functions, paaS provides the framework for SaaS applications and IaaS provides the hardware needed to support both capabilities. The ability to bring your own software or hardware licenses allows you to avoid early cancellation fees, Beers said. Also, develop a co-managed service agreement that outlines roles and responsibilities to minimize the risk of outages. While each SaaS, PaaS, or IaaS agreement has unique needs and different clauses depending on the products, services, and industries involved, all cloud service contracts have certain key conditions and provisions in common. Here are some of the key clauses that cloud services contracts share beyond boilerplates: 1. Initial TermsThis agreement applies to an «initial term» of twelve (12) months for all services, unless specific terms are defined in the service agreement – including, but not limited to, cloud services, virtual servers, dedicated hosting and co-location of services, website hosting and reseller hosting. The Customer accepts all the terms and conditions of the services provided by BroadAspect, from receipt by fax, e-mail or Express.2. This Agreement will automatically renew (the «Renewal Term») at the end of the Initial Term for the same period as the Original Term, unless you terminate BroadAspect either (a) at least thirty (30) days before the end of the Initial Term or renewal Term, as the case may be. 3. Account setupa. BroadAspect will create your account upon receipt of payment and we and/or our payment partner(s) have verified the order(s) in case of fraud. It is your responsibility to provide us with an email address that does not come from the domains you are registering under, as well as other contact information.
4. Fees and terms of payment. The first payment is due when the account is activated. Activation takes effect on the day of receipt of payment and is automatically renewed for identical consecutive periods by customer quote, sales order or online price selected and approved by the customer. Changes to the customer`s service package will be charged accordingly.b. Accounts that are forty-five (45) days late at the time of payment transfer will result in an automatic suspension of service. c. BroadAspect may charge a setup fee, recurring service fee and other one-time fee for optional services and, if you wish, fees for domain name registration services (collectively, the «Service Fee»). Unless otherwise stated in a written offer or promotion, the service fee displayed on broadAspect`s website for the service mark you have ordered will apply to all transactions between you and BroadAspect. BroadAspect may change the Services and/or Service Fees associated with any of the Services at any time and from time to time without notice.
If BroadAspect does not receive payment from your payment processor (i.e. cheque, EFT, credit or debit card issuer or other financial institution), you agree to pay BroadAspect all amounts due upon request. BroadAspect may charge you a late payment fee of one and a half percent (1.5%) on an overdue balance or the maximum amount permitted by law, whichever is less, for each month or fraction of a month in which the overdue amount remains unpaid. BroadAspect may also charge you an administration fee for returned checks or if your payment processor refuses payment. You agree to pay BroadAspect`s collection costs, including reasonable attorneys` fees, if BroadAspect is required to take steps to recover amounts that you do not pay at maturity under this Agreement. BroadAspect may, in its sole and absolute discretion, immediately suspend or terminate your Services without notice if you do not provide valid information or authorizations to the payment processor or if you do not pay for the Services on time. BroadAspect may charge at least fifty dollars ($50.00) or 10% of the regular monthly service fee, whichever is greater, to restore a service that has been suspended or terminated. f.You understand and agree that you are responsible for all network bandwidth, compute, disk usage and other overage charges that you incur for the use of the Services, even if such overruns occur because your account is compromised or «hacked».
g.BroadAspect reserves the right to restrict or not authorize payment by credit and debit card.5. Privacy Policy a. BroadAspect is committed to protecting your privacy. You can view BroadAspect`s current privacy policy at www.BroadAspect.com/legal/privacypolicy.asp.6. Backups and data loss a. Your use of the Service is at your own risk. BroadAspect is not responsible for the files and data held in your account**. You agree to assume full responsibility for the files and data transferred and to create all appropriate backups of the files and data stored on BroadAspect servers. BroadAspect automatically generates backups of shared server environments such as hosted sites and mail servers with weekly offsite backups. Dedicated servers are not automatically backed up or protected.
If data loss occurs due to a BroadAspect error, we will try to recover the date for free for the customer. If data loss occurs due to a customer`s negligence in backing up their account or by any action by the customer, BroadAspect will attempt to recover data from the last archive for a fee of $85.00 .c. **Unless Customer and BroadAspect enter into a professional services agreement to provide data backup services, or certain privacy services are included in the Service for customers with hosted or off-center computers and servers. .