Terms of Service & Privacy Policy

 1. Introduction

1.1. Our Purpose

Cumulus IT Support is an IT Managed Service Provider aiming to provide our clients with the best and most effective service across a range of remote and onsite IT services. We provide different membership levels including ad-hoc service provision for one-off clients that may not include a formal Service Level Agreement as part of the engagement process. Such clients should use the Terms of Service & Privacy Policy outlined below as formal terms and conditions of engagement, and as such a binding legal agreement. Ongoing and Retainer level memberships will receive a formal Service Level Agreement in addition to the Terms of Service & Privacy Policy terms outlined below.

1.2. Legal Agreement

These Terms of Service & Privacy Policy, together with any additional terms (such as a Service Level Agreement) which specifically apply to  our services presented on the Cumulus IT Solutions website, all set forth the terms and conditions applicable to each visitor or client of the Cumulus IT Solutions website and/or any other services. 

 

The Cumulus IT Solutions Terms of Service & Privacy Policy outlined below constitute a binding and enforceable legal contract between Cumulus IT Solutions and you in relation to the use of its Services - so please read them carefully.

 

You may only visit and use the Cumulus IT Solutions website and services if you consent to these Terms of Service & Privacy Policy and any other Terms applicable to your use of Cumulus IT Solutions Services. By using and/or registering to any of the Cumulus IT Solutions Services, you signify and affirm your informed consent to this Terms of Service & Privacy Policy. If you do not read, fully understand and agree to the Cumulus IT Solutions Terms, you must immediately leave the Cumulus IT Solutions Website and avoid or discontinue all use of Cumulus IT Solutions Services.

By using our Services, you acknowledge that you have read our Privacy Policy available below.

2. Your Obligations

You represent and warrant that:

  1. you are at least eighteen (18) years of age, and possess the legal authority, right and freedom to enter into the Cumulus IT Solutions Terms and to form a binding agreement, for yourself or on behalf of the person or entity committed by you to the Cumulus IT Solutions Terms;

  2. your country of residence and/or your business/company's country of registration/incorporation is Australia. 

  3. the entire site of Cumulus IT Solutions is the sole property of Cumulus IT Solutions, and is protected under applicable copyrights.

  4. apart from any use permitted under the Copyright Act 1968, under no circumstances may the site be reproduced, re-used or redistributed for any purposes whatsoever without written permission from Cumulus IT Solutions. 

  5. you understand that Cumulus IT Solutions does not provide any legal advice or any recommendation with respect to any laws or requirements applicable to your use or any of your End Users, or your compliance therewith;

  6. you agree to fully comply with all applicable laws and any other contractual terms which govern your use of the Cumulus IT Solutions Services (and any related interaction or transaction), including those specific laws applicable to you or your users in any of their or your geographical locations;

  7. receive from time to time promotional messages and materials from Cumulus IT Solutions e-mail or any other contact form you may provide us with (including your phone number for calls or text messages). If you wish not to receive such promotional materials or notices – please just notify us at any time at enquire@cumulusitsolutions.com.au

  8. you agree to allow Cumulus IT Solutions to use in perpetuity and free of charge, any version of your User Platform (or any part thereof) for any of Cumulus IT Solutions marketing and promotional activities, online and/or offline, and modify it as reasonably required for such purposes, and you waive any claims against Cumulus IT Solutions or anyone on its behalf relating to any past, present or future moral rights, artists’ rights, or any other similar rights that you may have in or to your User Platform with respect to such limited permitted uses

  9. ​you agree that Cumulus IT Solutions reserves the right to offer the Cumulus IT Solutions Services in alternative price plans and impose different restrictions in each price plan without limitation. 

  10. you agree that while Cumulus IT Solutions attempts to provide accurate and up to date information on this website, it assumes no responsibility for accuracy. Cumulus IT Solutions reserves the right to change the information on this and associated website, or the products mentioned, at any time without notice.

 

3. User Account

In order to access and use certain sections and features of the Cumulus IT Support Services, you must first register and create an account with Cumulus IT Support (“User Account”).

 

If anyone other than yourself accesses your User Account and/or any of your User Platforms’ settings, they may perform any actions available to you, make changes to your User Platform(s) and User Account, and accept any legal terms available therein, make various representations and warranties and more – and all such activities will be deemed to have occurred on your behalf and in your name.

 

Therefore, we strongly encourage you to keep the log-in credentials of your User Account confidential, and allow such access only to people you trust - as you will be solely and fully responsible for all activities that occur under your User Account and/or User Platforms (including for any representations, warranties and undertakings made therein), whether or not specifically authorised by you, and for any damages, expenses or losses that may result from such activities.

 

You must provide accurate and complete information when registering your User Account and using the Cumulus IT Support Services, to which you are the sole and exclusive rights holder. We strongly encourage you to provide your own (or your company’s) contact and billing details, including your valid e-mail address, as we may use it to identify and determine the actual and true owner of the User Account and/or User Content (as defined below) submitted to us via Multi-Factor Authentication.

 

In case of a dispute on User Account ownership, we reserve the right to determine ownership to a User Account based on our reasonable judgment, whether or not an independent investigation has been conducted by us. However, if we cannot make such determination (as we may deem in our sole discretion), we reserve the right to avoid doing so and/or suspend a User Account until the parties disputing such ownership, reach a resolution, without liability to you or to any other party. We may request documentation (e.g. government-issued ID, a business license) that may assist us in determining ownership. Among others, we may consider the principles set forth below.

  1. Cumulus IT Solutions will consider the owner of a User Account and/or User Platform created and/or uploaded to the relevant Cumulus IT Solutions Service, as the person or entity who has access to the e-mail address then listed in Cumulus IT Solutions records for such User Account.

  2. if any Paid Services (as defined in Section 5 below) were purchased via a User Account, Cumulus IT Solutions will consider the owner of such User Account and/or the relevant User Platform created thereunder, may be considered to be the person or entity whose billing details were used to purchase such Paid Services. 

4. User Content

  1. you confirm you own all rights in and to any content uploaded or provided by you, or imported, copied or uploaded by Cumulus IT Solutions Services for you, including any designs, images, animations, videos, audio files, fonts, logos, code, illustrations, compositions, artworks, interfaces, usernames, information you provide for the purpose of creating a subdomain name, text, literary works and any other materials (“Content”), or otherwise have (and will continue to have) the full power, title, licenses, consents and authority, in and to the User Content, as necessary to legally access to, import, copy, use, publish, transfer or license such User Content, by you and us or any of our affiliates;

  2. you have (and will maintain) the full power, title, licenses, consents and authority to allow Cumulus IT Solutions Services to access any websites, web pages and/or other online services, for the purpose of importing, copying, displaying, uploading, transmitting and/or otherwise using, your User Content.

  3. the User Content is (and will continue to be) true, current, accurate, non-infringing upon any third party rights, and in no way unlawful for you to upload, import, copy, possess, post, transmit, display or otherwise use, in the country in which you or your User Platform’s visitors and users reside.

  4. you have obtained all consents and permissions required under all applicable laws, regarding the posting, transmission and publication of any personal information and/or image or likeness of any person, entity or property which is part of the User Content, and you will adhere to all laws applicable thereto

  5. you agree to be solely responsible and liable with respect to any of the uses of the Cumulus IT Solutions Services which occur under your User Account, and for any of your User Content;

  6. you agree to regularly and independently save and backup any of your User Content and the information that is being processed by you, including with respect to users, products, and any applications and/or Third Party Services used by you;

  7. you agree that you are solely responsible for your User Content, User Products and/or E-Commerce related activities, and any promotions and related Content contained or referred to in your User Platform, and compliance with any laws applicable thereto. We are merely developing the platform for you to manage your online activities. We are not involved in your relationship and/or any transaction with any actual or potential buyer of your User Products.

  8. you confirm that Cumulus IT Solutions' sole discretion as to the means, manner, and method for performing the Services, including those regarding the hosting, transmission, publication and/or display of any User Content.

  9. you shall own all intellectual property pertaining to your User Content and to any other materials created by you, including to any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, code, interfaces, text and literary works. Cumulus IT Solutions does not claim ownership rights on your content. For the sole purpose of granting you the service, you know and agree that we will need to access to your your User Content, including cloud services and CDN’s, to make display adjustments, to duplicate for backup and perform any other technical actions and/or uses required to perform our services, as we deem fit.

5. Paid Services

The use of certain Cumulus IT Solutions Services may be subject to payment of particular fees, as determined by Cumulus IT Solutions in its sole discretion. Cumulus IT Solutions will provide notice of such Fees in relation to such Paid Services. If you wish to receive or use such Paid Services, you are required to pay all applicable Fees by the due date, either in advance or after completion, depending on the Service and decided by Cumulus IT Solutions in its sole discretion.

Cumulus IT Solutions reserves the right to change its Fees at any time, upon notice to you if such change may affect your existing subscriptions. If you received a discount or other promotional offer, Cumulus IT Solutions shall have the right to automatically and without notice renew your subscription to such Cumulus IT Solutions Services at the full applicable Fee.

 

All Fees shall be deemed to be in Australian dollars (AUD), and inclusive of all taxes.

 

As part of registering or submitting information to receive Paid Services, you also authorise Cumulus IT Solutions to request and collect payment  and service fees (or otherwise charge, refund or take any other billing actions) from our payment provider or your designated banking account, and to make any inquiries Cumulus IT Solutions or its affiliates may consider necessary to validate your designated payment account or financial information, in order to ensure prompt payment, including for the purpose of receiving updated payment details from your payment, credit card or banking account provider.

You must keep a credit card stored with Cumulus IT Solutions to pay for your Paid Services.

5.1. Invoices

Cumulus IT Solutions will issue an invoice for any payment of Fees made to Cumulus IT Solutions. Each Invoice will be issued in electronic form and will be made available to you either via your User Account and/or by e-mail.

5.2. Subscription Auto-Renewals

In order to ensure that you do not experience any interruption or loss of services, certain Paid Services include an automatic renewal option by default, according to which, unless you turn off the auto-renewal option, such Paid Services will automatically renew upon the end of the applicable subscription period, for a renewal period equal in time to the original subscription period (excluding extended periods) and, unless otherwise notified to you, at the same price (subject to applicable Taxes changes and excluding any discount or other promotional offer provided for the first period). If your Renewing Paid Service is subject to a yearly subscription period, Cumulus IT Solutions will endeavour to provide you a notice prior to the renewal of such Paid Service at least thirty (30) days in advance of the renewal date.

By entering into this Agreement and by purchasing a Renewing Paid Service, you acknowledge and agree that the Renewing Paid Service shall automatically renew in accordance with the above terms.  

5.3. Payment Failures

If, at any time, we record a decline, rejection of a charge, or failure to pay of any payable Fees, this will be considered as a breach of your payment obligations hereunder, and your use of the Cumulus IT Solutions Services may be automatically disabled or terminated. 

 

In the event a payment failure, your User Account may be blocked without the option to re-purchase or re-use it, and any data contained in such User Account, including any domains, applications and Third Party Services may be subject to cancellation.

 

Your use of the Cumulus IT Solutions Services will not resume until you re-subscribe for any such Cumulus IT Solutions Services, and pay any applicable Fees in full, including any fees and expenses incurred by Cumulus IT Solutions or any Third Party Services for each payment failure received.

 

If you have any questions or concerns regarding a payment made to Cumulus IT Solutions Services , we encourage you to first contact our  team before filing a reversal of payment, in order to prevent the Cumulus IT Solutions Services from being cancelled and your User Account being blocked. 

 

Cumulus IT Solutions reserves our right to dispute any payment reversals or cancellations, including by providing the relevant credit card company or financial institution with any information and documentation proving that the User responsible for such reversals or cancellations did in fact authorise the transaction and make use of the services rendered thereafter.

6. Cancellation

6.1. Cancellation by User

You may discontinue to use and request to cancel your User Account and/or any Cumulus IT Solutions Services with 30 days notice. The effective date and time for such cancellation shall be 30 days after which you have notified Cumulus IT Solutions and/or completed the cancellation process via your User Account. The effective date for cancellation of Paid Services shall be at the end of such Paid Services’ subscription period.

​6.2. Cancellation by Cumulus IT Solutions 

Failure to comply with any of the Cumulus IT Solutions Terms and/or to pay any due Fee shall entitle Cumulus IT Solutions to suspend (until full payment is made) or cancel your User Account, as well as the provision of any related Cumulus IT Solutions Services or Third Party Services to you. 

6.3. Loss of Data, Content and Capacity

If your User Account or any Cumulus IT Solutions Services or Third Party Services related to your User Account are cancelled (whether at your request or at Cumulus IT Solutions' discretion), it may cause or result in the loss of certain content, features, or capacity of your User Account, including any User Content, End User data or other usage data retained therein, and including any domain name reservation or registration that was included in such Services. Cumulus IT Solutions shall not be liable in any way for such data, content or capacity loss, or for saving a backup of your User Account, User Content or End User data. 

7. Limitation of Liability

Unless negotiated otherwise in a formal Service Level Agreement between you and Cumulus IT Solutions executed prior to service commencement, to the fullest extent permitted by law in each applicable jurisdiction, Cumulus IT Solutions, its officers, directors, employees, affiliates and/or agents shall not be liable to you for any direct, indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, including any damages resulting from (1) failure of a Third Party software product; (2) data breach or loss, (3) accidental breach of confidence; (4) infringement of intellectual property rights; ​​(5) errors, mistakes, or inaccuracies of or in any content; (6) any personal injury or property damage related to your use of Cumulus IT Solutions Services; (7) any unauthorised access to or use of our servers and/or any personal information and/or other information stored therein; (8) any interruption or cessation of transmission to or from the Cloud due to usage of Third Party Services or Products; (9) events beyond the reasonable control of Cumulus IT Solutions, including any internet failures, equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour, pandemics, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties; and/or (10) loss of use, data, profits, goodwill, or other intangible losses, resulting from the use or the inability to use any or all of Cumulus IT Solutions Services.

 

You acknowledge and agree that these limitations of liability are agreed allocations of risk constituting in part the consideration for Cumulus IT Solutions Services to you, and such limitations will apply even if Cumulus IT Solutions has been advised of the possibility of such liabilities.

7.1 Indemnity

You agree to defend, indemnify and hold harmless Cumulus IT Solutions, its officers, directors, employees, affiliates and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including attorneys’ fees) arising from: (1) your violation of any term of this Terms of Service & Privacy Policy or any other Cumulus IT Solutions Terms; (2) your violation of any third party right, including any copyright, access rights, property, or privacy right, resulting from your User Platform or User Content and/or your use of the Cumulus IT Solutions Services, including, without limitation, Cumulus IT Solutions Services’ actions for your benefit; and/or (3) any other type of claim that your User Platform and/or User Content caused damage to a third party.

8. Privacy Policy

Cumulus IT Solutions is committed to providing quality services to you and this policy outlines our ongoing obligations to you in respect of how we manage your Personal Information.

 

We have adopted the Australian Privacy Principles (APPs) contained in the Privacy Act 1988 (Cth) (the Privacy Act). The NPPs govern the way in which we collect, use, disclose, store, secure and dispose of your Personal Information.

A copy of the Australian Privacy Principles may be obtained from the website of The Office of the Australian Information Commissioner at www.aoic.gov.au

8.1 What is Personal Information and why do we collect it?

Personal Information is information or an opinion that identifies an individual. Examples of Personal Information we collect include: names, addresses, email addresses, phone and facsimile numbers.

This Personal Information is obtained in many ways including by telephone, by email, by teleconference, via our website www.cumulusitsolutions.com.au, from other publicly available sources, from cookies, and from third parties. We don’t guarantee website links or policy of authorised third parties.

We collect your Personal Information for the primary purpose of providing our services to you, providing information to our clients and marketing. We may also use your Personal Information for secondary purposes closely related to the primary purpose, in circumstances where you would reasonably expect such use or disclosure. You may unsubscribe from our mailing/marketing lists at any time by contacting us in writing at enquire@cumulusitsolutions.com.auWhen we collect Personal Information we will, where appropriate and where possible, explain to you why we are collecting the information and how we plan to use it.

8.2 Third Parties

Where reasonable and practicable to do so, we will collect your Personal Information only from you. However, in some circumstances we may be provided with information by third parties. In such a case we will take reasonable steps to ensure that you are made aware of the information provided to us by the third party.

 

8.3 Disclosure of Personal Information

Your Personal Information may be disclosed in a number of circumstances including the following:

•           Third parties, only where you consent to the use or disclosure; and

•           Where required or authorised by law.

Under no circumstances we will sell or give away your details to a third party without your knowledge and consent.

8.4 Website & Cookies

To ensure we are meeting the needs and wants of our website users, and to develop our online services, we may collect aggregated information by using cookies or similar electronic tools. We do not use this technology to access any personal information of a user in our records and a user cannot be personally identified from a cookie.

You have the ability to accept or decline cookies, and while most browsers automatically accept cookies, you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Cumulus IT Solutions website or website services you visit.

8.5 Security of Personal Information

Your Personal Information is stored in a manner that reasonably protects it from misuse and loss and from unauthorized access, modification or disclosure.

When your Personal Information is no longer needed for the purpose for which it was obtained, we will take reasonable steps to destroy or permanently de-identify your Personal Information. However, most of the Personal Information is or will be stored in client files which will be kept by us for a minimum of 7 years.

8.6 Access to your Personal Information

You may access the Personal Information we hold about you and to update and/or correct it, subject to certain exceptions. If you wish to access your Personal Information, please contact us in writing at enquire@cumulusitsolutions.com.auCumulus IT Solutions will not charge any fee for your access request, but may charge an administrative fee for providing a copy of your Personal Information. In order to protect your

Personal Information we may require identification from you before releasing the requested information.

 

8.7 Maintaining the Quality of your Personal Information

It is an important to us that your Personal Information is up to date. We  will  take reasonable steps to make sure that your Personal Information is accurate, complete and up-to-date. If you find that the information we have is not up to date or is inaccurate, please advise us as soon as practicable so we can update our records and ensure we can continue to provide quality services to you.

 

8.8 Policy Updates

This Policy may change from time to time and is available on our website.

 

8.9 Privacy Policy Complaints and Enquiries

If you have any queries or complaints about our Privacy Policy please contact us at: enquire@cumulusitsolutions.com.au