Virsage Terms of Service

Revised December 2018

 

By using Virsage services you are agreeing to the terms listed here.  Terms are subject to change.  If you are using Virsage services on behalf of a business, that business accepts these terms.

 

  1. Virsage Services are invoiced on a monthly basis based on subscriptions services provided 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.  Payment for invoices is due upon receipt.  Recurring credit card payments will be processed on the 1st day of the month.
  1. 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.
  1. Customer is responsible for any hardware or software support that is not provided directly by Virsage. This includes any hardware or software that is installed and running at the customer location.  Examples of these services include:  Internet/network connections, local MS Office installations, virus/spyware removal on local computer, 3rd party programs and applications etc.  Support for these items can be arranged through Virsage IT Support at an hourly rate. 
  1. Customer is solely responsible for verification of the accuracy of the data that resides within the environment that Virsage supports.
  1. Customer requests to delete or add user accounts must be submitted to support@virsage.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 by Virsage, Virsage will notify customer 60 days prior to such change.
  1. 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. Subscription services provided by will also be terminated at that time.
  1. 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 support@virsage.com.  
  1. 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 requested data within 7 business days from the request.  A data copy fee will apply on an hourly basis.   
  1. Customer agrees that the amount of data that will be stored in the Virsage Solutions data center will be expanded as needed to in order to maintain the customer’s existing or requested subscription services. Additional fees may apply. 
  1. 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. 
  1. Customer may not use Virsage services 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.
  1. 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.
  2. 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:

ANY LOSS, BREACH OR CORRUPTION OF DATA (WHETHER TEMPORARY OR PERMANENT);

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.

  1. 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.
  1. 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.
  1. 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.
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