Terms and Conditions of Use
THE FOLLOWING ARE GLOBAL HEALTH LIMITED’S (Global Health) TERMS AND CONDITIONS OF USE FOR ITS CLOUD HOSTING SERVICE i.e. FOR COMPUTER OPERATING SYSTEMS AND APPLICATION SOFTWARE ACCESS DESCRIBED AS SOFTWARE AS A SERVICE (SaaS)
As an authorised user who has entered into an Application Software Licence (“Agreement”) with Global Health, the Global Health Cloud Hosting Service (“Hosting Service”) provides you (“the Customer”) with access to computer operating systems and Application Software operated by Global Health on a virtual machine (“VM”) platform environment. Terms defined in that Agreement have the same meaning in these Terms and Conditions of Use, except as expressly defined otherwise in these Terms and Conditions of Use.
This Hosting Service is offered to the Customer conditioned on the Customer’s acceptance without modification of these Terms and Conditions of Use. The Customer’s continuing use of this Hosting Service or any part thereof constitutes the Customer’s agreement to all of these Terms and Conditions of Use as may be added to or modified from time to time.
1. Modification of these Terms and Conditions of Use
Global Health reserves the right to change these Terms and Conditions of Use under which SaaS access to the computer operating systems and/or Application Software is provided at any time by:
1.1. publishing updated Terms and Conditions of Use on its website. Global Health will notify the Customer at its nominated email address of each change to these Terms and Conditions of Use; or
1.2. superseding these Terms and Conditions of Use with any amendments or additions to our Agreement which deal with the same subject matter, including any Schedules to the Agreement.
2. Global Health Cloud Hosting Service
2.1. Access to computer operating systems and/or Application Software via the Hosting Service
Global Health will provide the Customer and the number of authorised user(s) with access to the computer operating systems and/or Application Software, as described in the Agreement, via Global Health’s Cloud Hosting Service.
2.2. Use of the Hosting Service
Subject to these Terms and Conditions of Use, the Hosting Service is to be made available by Global Health 24 hours per day, 7 days per week (i.e. at all times).
At the time of writing, the Customer and its users will be able to access the Hosting Service via the shortcut that Global Health has deployed to the Customer’s computers. This shortcut may be accessed via a web browser (with users logging in via a secure internet webpage), through a locally-installed program or application, or by any other means provided or directed by Global Health. By using this Hosting Service, both parties agree that they will maintain and keep their login credentials secure and not share it with any other parties, in accordance with the terms of the Agreement.
The Hosting Service may only be used for lawful purposes. As a condition of the Customer’s use of the Hosting Service, the Customer warrants to Global Health that the Customer will not use the Hosting Service for any purpose that is unlawful or prohibited, notwithstanding that the Hosting Service may be capable of being used for such unlawful or prohibited purposes. The Customer may not use the Hosting Service in any manner which could damage, disable, overburden, or impair the Hosting Service, or the computer operating systems or Application Software accessible using the Hosting Service, or interfere with any other party’s use and enjoyment of the Hosting Service, computer operating systems or Application Software. The Customer must not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Hosting Service, notwithstanding that the Hosting Service may be capable of being used to obtain such materials or information.
Each party is responsible for all activity conducted via its user-account(s) and shall abide by all applicable local and national laws, treaties and regulations in connection with the Hosting Service, including those related to data privacy and the transmission of technical or personal data. Each party shall notify the other party immediately of any unauthorised use of any password or account or any other known or suspected breach of security and neither party shall impersonate another user or provide false identity information to gain access to or use the Hosting Service.
2.3 Service inclusions
Global Health agrees to provide the following services until termination of the Customer’s access to the Hosting Service:
(a) Service uptime
Global Health and its service provider are committed to providing a 99.95% service availability target for each calendar month during the Hosting Service, excluding Global Health and Customer initiated scheduled maintenance, emergency outages, failure of Third Party Software and other force majeure events outside of the reasonable control of Global Health and its service provider.
(b) Scheduled Maintenance
Notification of any scheduled maintenance will be provided at least five (5) business days in advance by telephone and email to the Customer’s nominated contact details.
Global Health will endeavour to provide (but cannot warrant) at least 24 hours’ notice where emergency maintenance needs to be conducted. Emergency outages may occur with nominal or no prior notice.
|Scheduled maintenance eg. application upgrades, initiated patches or bug fixes||1 to 6 hours||Quarterly|
|Emergency maintenance or outages eg. Microsoft urgent security patch||1 to 6 hours||Ad hoc|
Scheduled maintenance is typically scheduled between the hours of 12:00am and 6:00am, Australian Eastern Standard Time.
(c) Service Recovery and Restoration
Global Health and its service provider will use all reasonable endeavours to adhere to a Service Restoration Target of six (6) hours.
A Service Restoration Target is the maximum elapsed time, during Global Health’s support hours (which at the time of writing are Monday to Friday 8:30am to 5:00pm Australian Eastern Standard Time), between the Customer reporting a fault to Global Health or Global Health responding to an alert and providing confirmation to the Customer that the Hosting Service has been restored.
(d) Data backup
Global Health and its service provider will provide a database backup. At the time of writing, the backups are taken daily and retained for 35 days. Restorations of data can be requested via Global Health Support at a cost, unless the requirement for such restoration of data is caused by a default of Global Health or its authorised contractors which is not otherwise caused by emergency outages, failure of Third Party Software and other force majeure events outside of the reasonable control of Global Health and its service provider.
Global Health and its service provider provide a primary and secondary data centre within Australia with a Recovery Time Objective (RTO) of 4 hours and a Recovery Point Objective (RPO) of 1 hour.
3. Termination/restriction of access by Global Health
While reasonable efforts will be made to contact the Customer in the event of any issues arising in connection with the Customer’s account and notwithstanding the period of time for deletion of information contemplated by clause 5, the Customer expressly agrees that Global Health has reserved the right, in its sole discretion, to terminate the Customer’s access to the Hosting Service or any part thereof at any time and without notice to the Customer and to delete the Customer’s account and all associated information from the server for reasons which include, but are not limited to:
(a) non-payment of any invoices issued by Global Health under this Agreement that are not reasonably the subject of dispute;
(b) abuse of the Hosting Service. Furthermore, if any criminal offence has been committed via the Hosting Service, Global Health will notify the appropriate law enforcement authorities.
Termination/restriction of access will not relieve the Customer of responsibility for the payment of all overdue invoices and collection charges (if any). Global Health does not issue credits or refunds for Hosting Services not accessed by the Customer due to termination/restriction of access.
4. Termination by the Customer
Global Health does not offer credits or refunds for Hosting Services already consumed. Hosting Service subscriptions and their associated charges continue on an ongoing basis until they are cancelled. Where the Customer terminates their Agreement with Global Health in accordance with its terms, the Customer must pay out fees for the remainder of the Initial Term or subsequent renewed term (as the case may be) and any notice period for termination.
5. Consequences of termination
Where cancellation/termination/restriction of access occurs for whatever reason, all licences granted herein are terminated and the Customer’s access method to the Hosting Service will cease to operate. The Customer agrees that its account may be de-activated and that Global Health may delete all information stored in the Customer’s account after two (2) months of termination of the Customer’s account without further notice and without liability to the Customer.
The Customer agrees that should the Customer wish to extract all or any part of its data (including any personal information) stored in the Hosting Service, or any computer operating systems or Application Software accessible using the Hosting Service:
(a) the Customer must notify Global Health at the time of termination or cancellation of the Customer’s account; and
(b) pay the fee for any support services the Customer requires from Global Health in relation to such extraction.