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Detailed Terms and Conditions
These Terms and Conditions are supplemental to any other Terms and Conditions, including the Acceptable Use Policy and the Data Protection Policy and apply to the provision of all services by Lucas Software Solutions Limited (‘Lucas Software Solutions’). The ordering of any services from Lucas Software Solutions constitutes acceptance by the Client of the General Terms and Conditions and these supplemental Terms and Conditions.
Lucas Software Solutions reserves the right to amend these Terms and Conditions at any time and without notice to the Client.
1. Scope of the Agreement
1.1. These Terms and Conditions govern the provision of Support, Web Hosting and email hosting services by Lucas Software Solutions to the Client (‘the Services’) including where such email hosting services forms part of a package with additional services from Lucas Software Solutions such as hosting services.
1.2. The Services consists of Lucas Software Solutions making a partition on a commonly used email server available to the Client.
1.3. The Services are subject to a minimum term of 12 months from commencement with payment required in advance in the frequency selected by the Customer when placing the order.
1.4. Provision of the Services is subject to the storage quota specified for each Email Hosting Product.
1.5. Lucas Software Solutions shall notify the Client by email if the Client is approaching the quota and request that the Client make changes to its account to remain within the quota. Once the client meets or exceeds its quota then incoming emails will be returned to sender as undeliverable.
1.6. In the event that the Client exceeds the quota then Lucas Software Solutions reserves the right, by written notice to the Client, to request that the Client upgrade to plan with a higher quota or, where the maximum quota allowable has been reached, to delete the content in excess of the quota. Clients are required to manage and effectively change their email storage within 7 working days of request.
1.7. Lucas Software Solutions further reserves the right to suspend the Services in the event that the Client: i) exceeds its mail quota; ii) fails to make any payment due to Lucas Software Solutions; iii) fails to renew its agreement for the Email Hosting services; iv) cancels its agreement for the Email Hosting services and/or v) when requested to do so by a competent legal, regulatory or governmental authority.
1.8. Lucas Software Solutions shall endeavour to reinstate a suspended mailbox when the Client has, within 28 days of the suspension, brought the mailbox storage under the mail quota amount.
1.9. If, within 28 days of a suspension being imposed, the Client has failed to remedy the reason for the suspension being imposed then Lucas Software Solutions shall be entitled to permanently delete the Customer’s mailbox and all content therein.
1.10. The Customer represents and warrants that it has, or has access to, knowledge and expertise required to configure, maintain and monitor any Email Hosting services.
1.11. The Customer accepts that Lucas Software Solutions will have access to any material stored in the Customer’s mailbox and may, from time to time, require access to such material.
2. Service Delivery
2.1. While Lucas Software Solutions shall make commercially reasonable efforts to maintain the uninterrupted provision of the Services there are various factors outside of Lucas Software Solutions’ control that may make the Services unavailable from time to time. Accordingly, Lucas Software Solutions cannot guarantee that the Services will be uninterrupted or error free.
2.2. To the fullest extent permissible by law, the Services are provided by Lucas Software Solutions on an ‘as is’ and ‘as available’ basis and no warranty or representation (express or implied) of any kind is given in connection with the Services including as to satisfactory quality or fitness for a particular purpose. In particular, Lucas Software Solutions gives no warranty or representation that:
2.2.1. the Services will meet the Client’s requirements;
2.2.2. the Services will be provided on an uninterrupted, timely, secure or error-free basis;
2.2.3. any results obtained from use of the Services will be accurate, complete or current; or
2.2.4. that the Services will be compatible with any files or software used by the Customer.
4. Remedies and Limitations
4.1. Lucas Software Solutions’ total liability in relation to all Support, Web and Email Services, whether in respect of any breach of this Agreement, negligence, any act or omission of Lucas Software Solutions whether intentional or otherwise, shall be limited to the total fees paid by the Client to Lucas Software Solutions in the twelve months preceding the event giving rise to the liability.
4.2. Under no circumstances shall Lucas Software Solutions be liable for any loss of profits, loss of business or any indirect, special, exemplary, punitive, incidental or consequential loss or damages.
4.3. Lucas Software Solutions accepts no responsibility for any delay, lack of connection, slow connection, loss of data, loss of usability or any similar or related issues due to, but not limited to, any of the following:
4.3.1. the active or passive negligence of Lucas Software Solutions, the Client or any third party;
4.3.2. downtime due to scheduled or emergency maintenance;
4.3.3. an upgrade, downgrade or other alteration to the Services;
4.3.4. hard failure (including issues caused by other users on the hardware);
4.3.5. incompatibility; or
4.3.6. the Customer’s error.
4.4. Lucas Software Solutions may limit or deny access to the Services and Lucas Software Solutions’ systems in the event that, in Lucas Software Solutions’ sole judgement, such action is required to prevent damage to the network (including software and stored data) or to ensure the integrity or security of the network.