DataAnywhere.net
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  • Speeds up to 1000Mbps
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Kelowna Local Number: (250) 448-7346
Emergency / After hours: (250) 448-7346
 
 

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Terms and Conditions
Master Service Agreement – Network Services

This agreement ("Agreement") is between the Customer or Hosting/Internet Service Reseller. (“customer”) and DataAnywhere.net a division of R401 Enterprises Ltd, ("DataAnywhere.net") at 1708 Dolphin Avenue Suite 606, Kelowna, BC, Canada. The agreement is made effective as of the date of the order.

The parties agree as follows:

Overview
this agreement is intended to cover connectivity services provided by DataAnywhere.net and received by the Customer. This agreement contains the entire understanding between DataAnywhere.net and the customer and supersedes all prior agreements, understandings, negotiations and discussions, whether oral or written, between DataAnywhere.net and the Customer in regards to the services outlined in this agreement. Customer acknowledges and agrees that its entire right relating to DataAnywhere.net Services are as set forth in this agreement and hereby waives all other rights that it may have by implication of law or otherwise.

1. Services
Subject to the terms and conditions of this agreement, DataAnywhere.net agrees to provide the wholesale connectivity services specified in Appendix A. Subject to Customers right to terminate this agreement in accordance to Section 4.3 of this agreement, DataAnywhere.net may expand or contract the scope of the DataAnywhere.net's services by issuing an amended Appendix A to Customer in advance of such change.

2. Initial Term
The initial term of this Agreement is stated in the Appendix A ("Initial Term"). The Initial Term shall not commence until DataAnywhere.net accepts the completed order from Customer and until first payment as set out in the Order is made in full by Customer for Services to be provided during the Initial Term.

3. Renewal Term
Unless terminated by DataAnywhere.net or in accordance with Section 4.3 of this Agreement, this Agreement will automatically renew for successive terms of equal length to the Initial Term at the applicable rate and discounts as is shown on Appendix A.


4. Fees and Payment
Customer agrees to pay DataAnywhere.net, without limitation, for the wholesale data services it uses. DataAnywhere.net reserves the right to charge Customer standard hourly rates ($100/hour CDN), $35 minimum per instance, to cover the resolution of excessive or unusual problems or complaints.

4.1 Invoices - Invoices are emailed to the current billing email address.
• Monthly Service Fees are invoiced thirty-seven (37) days in advance and due thirty (30) days in advance
Clients are fully responsible to ensure payment of all amounts due are paid on time independently of receiving invoice or billing notifications by email from DataAnywhere.net. All dollar amounts on invoices are in CDN currency. Overdue accounts will be emailed a 48 hour disconnection notice. After 48 hours the account will be suspended for an additional 72 hours and then cancelled/deleted unless alternative arrangements are made with DataAnywhere.net.

4.2 Other Charges - Customer will pay all sales and value-added taxes, duties or levies imposed by any authority, government, government agency or commission or Crown Corporation in connection with the DataAnywhere.net services as provided under this agreement. Customer is responsible for collecting such taxes, duties or levies from end users as imposed by authority, government, government agency or commission or Crown Corporation.

4.3 Cancellation Policy – The customer is responsible for the entire term of the contract and under no condition will be allowed to change, alter or terminate, with out the expressed written consent of DataAnywhere.net. Cancellation of this contract may occur provided the contract has reached the end of the Initial Term and the request from the customer is in writing, sent by mail or email. The cancellation must be submitted at least 60 days prior to the start of the next billing period. There are no partial refunds or credits for early cancellations. All payments to DataAnywhere.net are final and non-refundable.

4.4 Traffic Charges and Usage – The customer is responsible for any traffic charges and or usage charges as outlined in Schedule A. Traffic charges will be billed on the first of every month and are due 10 days after the invoice date. Failure to pay for these charges on time will result in the actions described in section 4.1.

5. Acceptable Use Policy
Customer shall at all times comply with and help ensure that they and their clients comply with the terms of the current version of the Acceptable Use Policy (AUP) posted at www.dataanywhere.net. Customer agrees that DataAnywhere.net may amend the terms of the AUP from time to time by posting a new or different version of the Acceptable Use Policy at www.dataanywhere.net. Customer shall include the terms and conditions set out in the Acceptable Use Policy in an Acceptable Use Policy with its own clients.

6. 99.99% Uptime Guarantee
DataAnywhere.net endeavors to provide the most reliable network infrastructure possible to the Customer. To Customer, in good financial standing with DataAnywhere.net, we guarantee that our network is available 99.99% of the time in a given month, excluding scheduled maintenance. The network is defined as core network infrastructure excluding the hardware, services and software running on your equipment. Network downtime is measured from the moment Customer notifies a DataAnywhere.net support representative of a network failure to the time the Network responds to an external "ping" request. Notification of network failure must occur at the time of the outage and not after the fact. If network downtime exceeds 99.99% in a given month, Customer will be refunded 2% of their monthly connectivity fee and an additional 2% for each addition 2 hours of downtime up to 20% of Customer' monthly connectivity fee. Refunds shall not be provided to Customer if network downtime is the result of: a) scheduled maintenance b) circumstances beyond DataAnywhere.net's reasonable control, including, but not limited to: dDoS or other network attacks, upstream or 3rd party network outages, war, fire, flood, sabotage, labor disturbance, acts of government and c) breaking this Agreement or DataAnywhere.net’s Acceptable Use Policy.

7. Temporary Service Suspension
Customer agrees that it may be necessary for DataAnywhere.net to temporarily suspend Services for technical reasons or to maintain the DataAnywhere.net network, the Equipment or any other facilities, the timing of which will be as determined by DataAnywhere.net. Such suspension of the Services will not be an interruption of the DataAnywhere.net Services for the purpose of calculating network availability or Customer' entitlement to credit for network interruption.

8. Emergency Service Suspension
DataAnywhere.net may interrupt the Services at any time for any duration of time, without penalty or liability for any claim by Customer, where necessary to prevent improper or unlawful use of DataAnywhere.net Services or network. Such suspension of Services will not be an interruption for the purpose of calculating network availability or Customer' entitlement to credit for network interruption.

9. Compromised /Hacked Server
A compromised or "hacked" server is a serious threat to our network. DataAnywhere.net, at its sole discretion, will take any and all measures to prevent a compromised server from doing additional damage to its own system and files or to the rest of the network.

10. Proprietary Rights

10.1 Trade Marks and Trade Names - Customer shall not display or otherwise use any trade mark, trade name, logo, symbols, coined word or combination of words used by DataAnywhere.net or permit the same to be displayed or otherwise used in connection with any business conducted or controlled by Customer except as may be specified or approved by DataAnywhere.net in writing.


11. Termination of Agreement
If Customer breaches any of its obligations under this agreement or the Acceptable Use Policy (AUP) then DataAnywhere.net may, at its sole discretion, terminate this agreement at any time and without prior notice.

12. Limitation of Liability
Customer acknowledges and agrees neither DataAnywhere.net nor any of its members, shareholders, directors, officers, employees or representatives will be liable for any special, indirect, consequential, punitive or exemplary damages, or damages (including but not limited to damages for loss of profits or savings, loss of data, or loss of use) in connection with this agreement. If, despite the foregoing limitations, DataAnywhere.net or any of its shareholders, directors, officers, employees or representatives should become liable to Customer or any other person in connection with this agreement for ANY REASON, then the maximum aggregate liability of DataAnywhere.net, its members, shareholders, directors, officers, employees and representatives for all such things and to all such parties will be limited to the lesser of the actual amount of loss or damage suffered by the claimant or the amount payable by Customer to DataAnywhere.net for one month of service under this agreement.

13. Indemnity
Customer will indemnify and save harmless DataAnywhere.net and its members, shareholders, directors, officers, employees, agents, contractors, and representatives from and against all damages, losses, costs and expenses (including actual legal fees and costs), fines and liabilities incurred by or awarded, asserted or claimed against DataAnywhere.net or any of its members, shareholders, directors, officers, employees and representatives in connection with Customer’ negligence, activities or omissions, or breaches of its obligations under this agreement, including claims brought by a person using or relying upon any advice given or publication produced and distributed by Customer.

14. Governing Law
This agreement shall be interpreted in accordance with and be governed in all respects by the laws of the Province of British Columbia and the laws of Canada applicable therein. The courts of British Columbia shall have non-exclusive jurisdiction to entertain any action or proceeding brought by the parties in connection with this agreement or any alleged breach of this agreement.

15. Customer Acknowledgement
Customer acknowledges that it accepts all risk of any unauthorized or illegal use of the DataAnywhere.net network or any inter-connected network by third parties. DataAnywhere.net provides no warranties, makes no representations, and accepts no liability for the unauthorized or illegal access or interference with Customer’ server/network unless such access or interference is caused by the intentional unlawful acts of DataAnywhere.net, its agents or employees.

16. Electronic Commerce
Customer is solely responsible for all aspects of their online store or e-business. This includes, but not limited to:
• The accuracy of statements and materials related to your products and/or services.
• The accurate calculation and application of shipping and sales tax.
• Processing Customer orders, inquiries and complaints.
• Maintaining the confidentiality of your Customer’ credit card numbers and private information.

17. IP Address Ownership and Usage
DataAnywhere.net assigns IP (Internet Protocol) addresses to Customer for their use. Customer has no right to use DataAnywhere.net IP addresses not assigned to it, to move IPs between different servers/network or account or in ways not permitted by DataAnywhere.net. DataAnywhere.net maintains ownership of all IP addresses that are assigned to Customer and reserves the right to change or remove them at its sole and absolute discretion. Typically, however, these changes are rare and made only at the request of ARIN or an upstream provider. PLEASE NOTE: The allocation of IP addresses is restricted by the policies of ARIN. These policies now dictate that name-based hosting MUST be used whenever possible. DataAnywhere.net reserves the right to periodically review IP address usage and revoke authorization to use those IP addresses not being utilized or where name-based hosting could be used.

 
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Customer Testimonials


Thanks for all your help, assistance, equipment, and advice leading up to election night. I can't say enough about the amazing service we've received from you and your colleagues at DataAnywhere.net.

All that you guys do for us is incredibly appreciated. Thanks again.

Todd Pugh
Executive Director
CivicInfo BC


Big White Ski Resort has had services from DataAnywhere.net since it started. With excellent bandwidth, we will be running many applications across this link again this season. I have always been able to reach a customer service representative when needed and always do everything that they can to help set up and maintain an excellent link.

Peter Plimmer
Big White Ski Resort


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Contact : Privacy : Terms and Conditions : Acceptable Use Policy : About : Affiliates

DataAnywhere.net
Suite #606 - 1708 Dolphin Ave
Kelowna, B.C., Canada
V1Y 9S4