Terms of Service
Virsage WorkPlace Service Definition
Each Virsage WorkPlace (p/n 10091) subscription includes the following items
1. Personalized desktop that can be accessed from any PC, Mac, tablet or smartphone
2. Microsoft Office 2010 Pro Plus (or prior) Edition
3. 5GB Hosted Microsoft Exchange account with McAfee SaaS Email Protection and Continuity
4. 10GB of data storage
5. 14 days of daily file backups
6. Web filtering
7. SharePoint Foundation Services (250MB)
8. Professional support via phone, email or web
Virsage WorkPlace Hosted Exchange Service Definition
Each Virsage WorkPlace Hosted Exchange Account includes the following:
1. 5GB Exchange Mailbox*
2. McAfee SaaS Email Protection and Continuity
3. 14 Days of message level backups
*additional storage is available at $1.00/GB unless specific pricing is agreed to by Virsage
Migration Scope of Service
Virsage implementation managers make every effort to ensure a smooth and seamless transition from your existing on-premise environment, to WorkPlace. We take the hassle out of migrating emails, files, and business applications. During the migration process, the implementation manager will work with your team to customize our process around your business needs to identify your business requirements and ensure no data gets left behind. The standard implementation process covers the setup of existing computers to be able to login properly to WorkPlace and the migration of email data for all of your WorkPlace or email-only users, the migration of existing network file shares, server business applications, designated desktop applications, and specific workstation data including desktops, favorites, and my documents for your team. The standard migration process does NOT include rebuilding computers, disjoining windows domains and the migration of some specific workstation data including desktop backgrounds, saved passwords, email signatures, or Outlook auto-complete entries. Migration work requested beyond the standard scope of service is available at hourly rates and customers will be notified in advance.
Virsage WorkPlace Terms of Service
Revised July 12, 2014
By using Virsage WorkPlace (“WorkPlace”) you are agreeing to the terms listed here so please read them carefully and check back often as are subject to change. If you are using WorkPlace on behalf of a business, that business accepts these terms.
1. WorkPlace Services are invoiced on a monthly basis based on usage during the prior month. Except for the first month of service, any usage during the month constitutes usage for the entire month and will be billed as such. The first month of service will be prorated based on the number of days of usage in that month. Payment for invoices is due upon receipt. Recurring credit card payments will be processed on the 7th day of the month.
2. Customer is responsible for securely storing, managing and deploying when required any encryption key or password which are generated to protect Customer data. If Customer loses the encryption keys or passwords, Virsage Solutions may be unable to assist in data restoration.
3. Customer is responsible for any hardware or software support that is not contained in the Virsage WorkPlace environment. This includes any hardware or software that is installed and running at the customer location. Examples of the services that are not included under the Virsage WorkPlace support agreement are: Internet/network connections, local MS Office installations, virus/spyware removal onlocal computer, etc. Support for these issues can be arranged through Virsage IT Support at a rate of $150/hour. Customer will provide prior approval to firstname.lastname@example.org before any billable work will be conducted.
4. Customer is solely responsible for verification of the accuracy of the data that resides in their Virsage WorkPlace and that all applications are accurately installed, and the appropriate data is available from within WorkPlace.
5. Customer requests to delete or add accounts must be submitted to email@example.com. No Customer requests for cancellation or deletion will be completed without an email request. Virsage services are subject to change and should there be a change in price for any services provided byVirsageVirsage will notify customer 60 days prior to such change.
6. In the event that Customer is in breach of the Agreement, and such a breach is not remedied within thirty (30) days of receipt of written notice from Virsage Solutions requiring such breach to be remedied, Virsage Solutions shall, without prejudice to its other rights, have the right to terminate the Agreement and remove Customer data from the Virsage Solutions data centers immediately.
7. Customer acknowledges and agrees that the Term of this Agreement will be on a month to month basis. Service type change requests must be approved by Customer and emailed to firstname.lastname@example.org.
8. Customer data is at all times owned by and available for copy to the Customer. Customer can request that any and all data be copied from the Virsage Solutions data center. Customer is responsible for providing portable hardware for copying the data and any associated shipping costs. Virsage Solutions will complete the copy of the data within 72 hours from the request. A data copy charge of $200 will apply.
9. Customer agrees that the amount of data that will be stored on the Virsage Solutions data center will be expanded as needed to operate defined servers and files. Additional storage will be charged at a rate of $1.00/gigabyte unless otherwise agreed to by Virsage and Customer. Customer will be notified of the overage and will have five (5) business days to reduce their data usage before being charged.
10. Virsage and Customer agree that they will not disclose, divulge, reveal, report or use for any purpose, any confidential information with respect to the business of either party. This obligation shall indefinitely survive the termination of this Agreement.
11. Customer may not use Virsage WorkPlace for any illegal purpose. Users may not access Virsage networks, computers, or contents in any manner that could damage, disable, overburden, or impair them, or interfere with any network functions. Users may not attempt to gain unauthorized access to any servers, accounts, computer systems, or networks that are not associated with the Customer account. Accounts found to be violating these policies will be immediately disabled, and the Customer contact will be notified.
12. Customer further acknowledges and agrees that any software licenses provided to Virsage Solutions for installation are owned by the Customer. Any software licenses found to be counterfeit or not in compliance with the software’s End User License Agreement will be immediately removed from the Virsage Solutions data centers.
13. NOTWITHSTANDING ANY OTHER PROVISION OF THE AGREEMENT, IN NO CIRCUMSTANCE SHALL VIRSAGE SOLUTIONS BE LIABLE TO CUSTOMER UNDER OR IN CONNECTION WITH THE AGREEMENT OR OTHERWISE FOR:
a. ANY LOSS OR CORRUPTION OF DATA (WHETHER TEMPORARY OR PERMANENT);
b. INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS OR REVENUE, LOSS OF GOODWILL, BUSINESS INTERRUPTION, AND LOSS OF ANTICIPATED SAVINGS, LOSS OF DATA, COST OF CAPITAL, HOWEVER CAUSED, EVEN IF SUCH DAMAGES WERE FORESEEABLE AND THE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
14. Neither Virsage Solutions nor Customer shall be liable for any breach of the Agreement caused by matters beyond their reasonable control, including, without limitation, Acts of God, fire, lightning, explosion, war, disorder, flood, weather of exceptional severity or acts of Government or other authorities or regulatory bodies.
15. Jurisdiction and venue for any legal disputes arising from this Agreement shall be the courts of the County of Boulder, State of Colorado. If any litigation or arbitration arises between the parties to this Agreement over the enforcement of any Terms or Conditions, the prevailing party shall be awarded any reasonable attorney’s fees, costs and related expenses.
16. State law issues concerning the construction, interpretation and performance of these terms and conditions shall be governed by the substantive laws of the State of Colorado, excluding its choice of law rules.