Terms Of Service

V1.1 - Last edited 05th January 2022

soma technology group, an Australian based Managed Service Provider (MSP), provides its services to you subject to the following Terms of Service (“TOS”). By using soma technology group’s services, you agree to be bound by the following terms and conditions. If you do not agree to these terms and conditions, you should not use soma technology group’s services

I. Introduction

Purpose of the TOS: These TOS govern the use of soma technology group’s services and any associated software, documentation, and support services (collectively, the “Services”).

Agreement to TOS: By using soma technology group's Services, you are agreeing to be bound by these TOS. If you do not agree to these TOS, you should not use soma technology group’s Services.

II. Services Provided

Description of Services: soma technology group provides a variety of services, including but not limited to, IT support, network management, software development, and data backup and recovery. The specific services provided to each client will be outlined in a separate agreement.

Limitations of Services: soma technology group will make every effort to provide reliable and efficient services. However, soma technology group cannot guarantee that the Services will be uninterrupted or error-free. soma technology group will not be liable for any damages caused by interruptions or errors in the Services.

III. Payment and Fees

Payment Terms: soma technology group requires payment in advance for all Services. Payment can be made by credit card, check, or wire transfer.

Fees: soma technology group charges a monthly fee for its Services. The specific fee for each client will be outlined in a separate agreement.

Refund Policy: soma technology group does not offer refunds for its Services.

IV. Data Security and Confidentiality

Data Security: soma technology group takes the security of client data very seriously. soma technology group uses industry standard security measures to protect client data, including firewalls, encryption, and secure servers.

Confidentiality Agreement: soma technology group will not disclose any client data to third parties without the client’s express permission.

V. Service Level Agreement (SLA)

Service Level Guarantees: soma technology group guarantees a certain level of service for its clients. The specific service level guarantees for each client will be outlined in a separate agreement.

Reporting and Resolving Service Issues: If a client experiences an issue with soma technology group's Services, the client should contact soma technology group’s support team. soma technology group will make every effort to resolve the issue in a timely manner.

VI. Intellectual Property

Ownership of Intellectual Property: Any intellectual property related to soma technology group’s Services remains the property of soma technology group.

Restrictions on Use of Intellectual Property: Clients may not use any intellectual property related to soma technology group’s Services for any purpose other than the specific purpose for which it was provided.

VII. Termination and Cancellation

Conditions for Termination or Cancellation: soma technology group may terminate or cancel a client’s Services at any time if the client breaches any of these TOS.

Procedures for Termination or Cancellation: If soma technology group terminates or cancels a client’s Services, the client will be notified in writing.

VIII. Liability And Indemnification

Limitations of Liability: soma technology group will not be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with the use of soma technology group’s Services.

Indemnification: You agree to indemnify, defend and hold soma technology group, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these TOS.

IX. Dispute Resolution

Agreement to Resolve Disputes Through Arbitration or Mediation: Any disputes arising out of or in connection with these TOS shall be resolved through arbitration or mediation, as mutually agreed by both parties.

X. Governing Law and Jurisdiction

Governing Law: These TOS shall be governed by and construed in accordance with the laws of Australian, without giving effect to any principles of conflicts of law.

Jurisdiction: Any disputes arising out of or in connection with these TOS shall be subject to the exclusive jurisdiction of the courts located in Australian.

XI. Miscellaneous

Entire Agreement: These TOS constitute the entire agreement between you and soma technology group with respect to the use of soma technology group's Services.

Severability: If any provision of these TOS is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

No Waiver:  soma technology group’s failure to enforce any right or provision in these TOS shall not constitute a waiver of such right or provision unless acknowledged and agreed to by soma technology group in writing.

Force Majeure: soma technology group shall not be liable for any delay or failure in performance of its obligations under these TOS, if such delay or failure is caused by a force majeure event, such as natural disaster, war, terrorism, strike, lockout, or governmental act.

Contact Information: If you have any questions or concerns about these TOS, please contact soma technology group’s support team at 1300 131 559.