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Cloud Hosting Platform - Terms and Conditions

Trisynia provides aggregated cloud hosted business applications and services, delivered primarily through the Microsoft Azure suite of products. Cloud applications and services are customised and commissioned according to client requirements and managed by Trisynia.

Our terms and conditions relate to customised cloud services provided by Trisynia. Some cloud applications and services may be subject to additional terms and conditions specific to that product or services as specified by the original supplier. Trisynia considers the Customer to be bound by the terms of third-party suppliers and assumes that the Client agrees to these terms. Trisynia takes no responsibility for the Supplier’s terms or the Client’s review, awareness, and adherence to these terms.

By accessing the Trisynia Cloud Hosting Platform, you agree to our terms and conditions as well as those of the products and services that you will access through the platform.

  1. Cloud Services
    1. These terms and conditions govern the Client access to, and use of, the cloud platform. We will deliver the cloud platform and applications with the assistance of our Partners and Service Providers. The Client will comply with all laws, regulations, and rules applicable to the use of the cloud platform. The Client will also abide by all third-party terms, rules, policies and regulations applicable to the cloud platform and any application or service accessed through that platform.
    2. The Client may access the cloud platform in accordance with these terms and conditions. The Client agrees to maintain confidentiality of all usernames, passwords, and other confidential information. The Client is solely responsible for all activities and transactions that occur under any authorised logon credentials, including activities by the authorised user, the Client’s employees, and agents.
    3. As part of the Client’s use of the Trisynia Cloud Platform, the Client may obtain access to third party data and gain access to third party applications and services which are subject to separate terms in addition to these terms. The Client is responsible for reviewing, accepting, and complying with any 3rd party terms of use or other applicable restrictions. Trisynia accepts no responsibility or liability regarding third party data, applications, or services.
    4. Applications specific to the Client business may be provided and licensed directly by the Client and installed and managed by Trisynia on the Cloud Platform.
    5. The Client accepts that the performance of the Cloud Platform may be adversely affected by client services and equipment that are not part of the Cloud Platform. Trisynia accepts no responsibility for performance of the Client’s Internet service or Client owned equipment. Assisted rectification of Client systems is not covered within the fees charged for provision of the Cloud Platform.
  2. Security and Data Protection
    1. Trisynia may store any Client personal information, given to us by the Client as part of the provision of Cloud Hosting, and maintain appropriate technical, organisational measures and safeguards as set out in our Privacy Policy.
    2. The Client is solely responsible for the Client’s data as stored in or used by the applications on the Cloud Hosting platform. The Client is responsible for protecting access to Client data including access allowed for employees, third parties and agents. Trisynia is responsible for performing backups of systems and data. The Client is responsible for ensuring that data backup and retention, beyond that offered by Trisynia, meets business requirements and for taking appropriate steps to ensure that backup and retention is adequate. The Client may request Trisynia to extend backup frequency or retention. Trisynia may, at our sole discretion, refuse to comply with requests on the Cloud Platform. All costs associated with additional requirements are the sole responsibility of the client and will be recharged by Trisynia.
    3. The Client is solely responsible for any losses or other consequences arising from your failure to adequately maintain or backup Client data.
  3. Acceptable Use.
    1. The Client is responsible for ensuring that the Cloud Platform is not used for any illegal purposes, including the misuse of confidential data, harassment, or to violate the rights of others.
    2. The Client agrees not to make any changes to the Cloud Platform other than approved by Trisynia.
    3. The Client agrees not to sublicence the Cloud Platform or divulge any information regarding the service, including but not limited to specifications, pricing, performance, or any other detail which Trisynia might reasonably consider to be secret or commercially sensitive.
    4. The Client agrees that the Cloud Platform is licensed only for the use of the Client and their authorised employees, representative and agents. The Client agrees not to allow access to the platform to any other party without the written permission of Trisynia.
  4. Invoicing and Payment
    1. Trisynia will invoice the Client monthly. Payments for the service are made in advance and are due 14 days form the date of the invoice. Unless otherwise agreed in writing before the invoice is issued, the Client agrees to pay the invoiced amount, including any agreed or requested variations, within the payment period.
    2. Payments will be made in Australian dollars using one of the payment methods offered by Trisynia. These methods may vary from time to time.
    3. From time to time, a core Supplier may vary pricing for supplied services. Trisynia will give the Client one month notice of any changes to the Supplier charges for subscribed services, after which the Client will absorb the changed rate. The Client agrees to accept rate changes imposed by the host Supplier.
    4. Trisynia may, at our sole discretion, suspend or restrict access to the Cloud Platform if we reasonably determine that payment in full for services has not been received on or before the due date. We will provide no less than one business day notice of intention to limit access or suspend the service. Restricted access may result in reduced performance and/or a limitation of the number of permitted users.
    5. The Client will remain responsible for all fees and charges during and resulting from the period of restricted access or suspension. Restrictions placed upon the service will not be withdrawn until the Client’s account is no longer in arrears.
    6. During a period of restricted service or suspension, normal subscription fees and charges will continue to accrue.
    7. Trisynia may, at our sole discretion, terminate the service if amounts owing are not paid in full 30 days after the due date. The Client agrees to remain responsible for fees and charges owing after a service is terminated. Trisynia may, at our sole discretion, seek to recover monies owing through a debt collection service.
    8. The Client agrees to indemnify Trisynia against any loss arising from restricted access, suspension or termination of the Cloud Platform due to any Client breach of the terms and conditions.
    9. Following termination, Trisynia will move Client data to a device or a secure online location which is accessible to the Client. A fixed fee, determined as reasonable by us, will be applied for this action. The Client accepts this condition and agrees to pay this fee before data is released.
    10. Except where specific commitment periods apply, the Client may cancel the Cloud Platform service with 30 days’ notice (the effective Cancellation Date). If the service is cancelled within the contract period, an early termination charge, consisting of 25% of the remaining monthly charges that would have been paid from the cancellation date and the end of the contract period, will be applied. Where other commitment periods prescribed by the supplier apply, such as to Microsoft 365 annual subscriptions, the applicable commitment period will take precedence in determining the date at which a license cancellation takes effect.
    11. Upon termination of the service, all equipment supplied by Trisynia as part of the service must be returned, at the Client’s expense, within 5 business days.

Last updated: 12 May, 2022