IMPORTANT! - Please carefully read the terms and conditions listed below. These form the basis of the agreement entered into by you and Logi-Cal Solutions. By requesting Logi-Cal Solutions to reserve space for you on their servers, you are confirming your acceptance of this agreement and agree to be bound by the terms contained herein.
DEFINITIONS
"Company" or "the Company" shall mean Logi-Cal Solutions and any of its affiliates or partners. "Virtual Server" shall define the amount of space reserved on the Company's servers and the configuration thereof to behave as a separate, fully functional and independent remote server computer.
"Client" means any individual, business or organisation that enters into an agreement with Logi-Cal Solutions with regards to the creation of a Virtual Server on the Company's servers.
"Service" shall mean the administration of the Virtual Server by Logi-Cal Solutions and its affiliates.
The headings in this document are for reference purposes only and do not form part of any of the terms contained herein, nor should they be inferred as such. Specific gender refrences shall include all persons and plural references shall include singular references and vice-versa.
GENERAL
The Client shall, by way of e-mail, submit a request to the Company to create the Virtual Server on his/ her behalf according to the price plan selected. This agreement shall come into effect upon receipt of such request and shall remain in force until terminated by either party.
Upon commencement of this agreement, the Company shall create a Virtual Server for the Client according to his/ her specifications and according to the price plan selected and make access to the Virtual Server available within two business days.
The Company will administer and configure the Virtual Server operating system settings according to the Client's requirements. The Client shall be responsible for the administration of files and programs installed on the Virtual Server and will not adjust any of the Virtual Server operating system settings.
The Company shall use all efforts possible to ensure the Virtual Server is up and running for 99% of the time, but this cannot be absolutely guaranteed for situations beyond it's control.
The Client acknowledges that each Virtual Server created will include access for 2 users with administration rights. Additional user access can be requested at any time. The Client agrees that additional user access shall be charged for on a monthly basis at a rate per user. This covers the cost charged by Microsoft for user licenses.
The log-in details needed for each user to access the Virtual Server will be provided by the Company. These details will never change unless requested by the Client to do so, in which case, the Company shall provide the new log-in details.
The Client agrees to safeguard the log-in details and not allow these to fall into unauthorised hands. It is the Client's responsibility to notify the Company if this information has been compromised and agrees to hold the Company harmless against any theft or loss of data or program corruption or if the Virtual Server fails to perform adequately due to unauthorised access and actions.
The Company will use the latest encryption technology and security measures to prevent unauthorised access to the Client's Virtual Server and to safeguard the Client's information stored on it.
The Client may install any software programs he/she desires onto the Virtual Server. However, the onus is on the Client to ensure that these software programs are compatible with a Windows 10 operating system.
The Client acknowledges that the simultaneous access and use of any installed software programs will be determined by the licenses provided with the software programs installed, which may prevent such.
The Client agrees to take full responsibility for any damage caused by the installation of third party software programs to the configuration settings of the Virtual Server, including but not limited to damage caused to the operating environment of the Virtual Server by malware imbedded in the third party software and that the remedying of these damages will incur charges which will be levied to the Client's account.
The Client agrees to be bound by the limitations (if any) of the monthly traffic allocated according to the price plan selected. Should this be exceeded during the course of a month, further access may be restricted or charged at the Company's then rate per megabyte, at the Company's sole discretion.
The Client may upgrade or downgrade the Virtual Server settings and specifics at any time provided such request is submitted in writing via email. Such requests shall be immediately attended to but will only come into effect at the end of any current billing cycle.
BILLING AND PAYMENTS
Upon receiving the Client's request to create a Virtual Server on the Company's servers, the Client will be billed pro-rata from the 1st of the current month. This invoice must be paid in full before the request will be heeded.
Thereafter the Client will receive an invoice for the Service on or around the 20th of each month, which may include additional charges for remedying damages to the Virtual Server operating system settings caused by the Client, or where monthly traffic alocation has been exceeded.
Payment of invoices must be made on or before the last working day of each month to avoid possible restriction of access to the Virtual Server.
BREACH AND TERMINATION
The Company reserves the right, without prejudice to any of its other rights hereunder, to restrict access to the Virtual Server if payment of amounts due by the Client is not received, or the Client is in breach of any of the terms of this agreement. In the event access to the Virtual Server being restricted, the Client will have no right to claim access to the information stored on the Virtual Server.
The Company may, in its sole discretion, continue restriction of access to the Virtual Server indefinitely until all amounts owing by the Client are settled in full. The Company may also exercise its right to permanently terminate this agreement if no payment has been received for amounts due after 30 days.
The Client may terminate this agreement at any time without penalty, provided this is done in writing a calendar month in advance.
Where this agreement has been terminated by either party, no further charges shall be incurred or applicable. It will be assumed that the Client will have transferred all information from the Virtual Server to a local computer of his/ her choice prior to the termination of this agreement. The Virtual Server will be dismantled and all information that was stored thereon will be lost forever.
INDEMNITY
The Client shall not hold the Company liable for any damages or losses incurred in the following instances:
a) Inability to access the Virtual Server while maintenance is being performed;
b) Inability to access the Virtual Server while damage caused to the operating system by the Client is being remedied;
c) Inability to access the Virtual Server due to the Client's Internet service not functioning efficiently or not at all;
d) Inability to access the Virtual Server due to situations that are reasonably beyond the Company's control;
e) Inability to access the Vitrual Server or the loss of information stored thereon after termination of this agreement.
CONCLUSION
This document constitutes an agreement between the Company and the Client. The Company reserves the right to amend or alter any of the terms and conditions contained herein at any time without notice of any kind. It is the Client's responsibility to check this website from time to time to familiarise themselves of any changes to these terms and conditions. The Client is free to terminate this agreement at any time and if not, the Client will accept and abide by any changes or amendments to this agreement with immediate effect.
Any relaxation or indulgence on the part of the Company to any of the terms and conditions contained herein shall in no way prejudice any of the Company's rights contained within this agreement.
Each of the terms herein shall be a separate and divisible term and if any such term becomes unenforceable for any reason whatsoever, that term shall be severable and shall not affect the validity of any of the other terms.