Effective Date: [December 2018]
Welcome !
About this web site: all product descriptions, service descriptions, prices and images are all indicative only.
Da Vinci Art Gallery Management Software(the “Service”).
By accessing or using our Service, you agree to be bound by these Terms and Conditions (the “Terms”). If you do not agree to these Terms, do not use the Service.
1. Acceptance of Terms
1.1. By using the Service, you affirm that you are at least 18 years old and have the legal capacity to enter into contracts.
1.2. Your use of the Service is also subject to our Privacy Policy, which is incorporated by reference into these Terms.
2. Service Description
1CloudSoftware.com provides a cloud-based software management system (the “Service”), including hosting, support and maintenance as outlined in these Terms.
3. Hosting Policies
3.1. Hosting Duration: The standard duration of hosting services provided by 1CloudSoftware.com is thirty-six (36) months.
3.2. Renewal: At the end of the hosting duration, your service will automatically be renewed for an additional thirty-six (36) months unless you provide written notice of your intention to cancel at least thirty (30) days prior to the end of the current term.
3.3. Data Security: We implement reasonable security measures to protect your data; however, we cannot guarantee absolute security. By using our Service, you acknowledge that you understand the risks.
3. Data Backup: While we perform regular data backups, it is your responsibility to maintain additional backups as necessary. We are not responsible for any data loss.
4. User Obligations
4.1. You agree to use the Service in compliance with all applicable laws and regulations.
4.2. You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account.
4.3. You must notify us immediately upon becoming aware of any unauthorised access to your account.
5. Payment Terms
5.1. All fees for the Service are due and payable in advance. Your payment method will be charged at the beginning of each billing cycle.
5.2. We reserve the right to adjust our fees with prior notice to you.
5.3. Failure to make timely payments may result in suspension or termination of your Service.
6. Cancellation and Termination
6.1. You may cancel your account at any time by providing written notice to 1CloudSoftware.com.
6.2. Upon termination of your account, your access to the Service will be suspended and you will no longer be obligated to pay fees for any future billing cycles.
6.3. 1CloudSoftware.com reserves the right to suspend or terminate your account for violation of these Terms, including but not limited to abusive behaviour or a breach of payment obligations.
7. Limitation of Liability
To the fullest extent permitted by law, 1CloudSoftware.com shall not be liable for any indirect, incidental, special or consequential damages arising out of or related to your use of the Service.
8. Indemnification
You agree to indemnify and hold harmless CloudSoftware.com, its affiliates, licensors and service providers from any claims, damages, liabilities, losses, costs or expenses arising from your use of the Service or violation of these Terms.
9. Modifications to Terms
CloudSoftware.com reserves the right to amend these Terms at any time. We will notify you of significant changes via the email address associated with your account or through a notice on our website. Your continued use of the Service after amendments have been made constitutes your acceptance of the new Terms.
10. Governing Law
These Terms shall be governed by and construed in accordance with the laws of New Zealand without regard to its conflict of law principles.
11. Contact Information
For any questions regarding these Terms, please contact us at:
1CloudSoftware.com Ltd
Email: support@1cloudsoftware.com
Payment Conditions
1. Subscription Fees
1.1. Hosting Subscription:
• The hosting subscription for the Service is billed monthly in advance. You agree to pay the full monthly fee by the first day of each billing cycle.
• The hosting fees are outlined on our pricing page and may be adjusted at 1CloudSoftware.com’s discretion with prior notice.
1.2. Annual FileMaker License Fee:
• An annual fee for the FileMaker license is required to be paid in advance. This fee is charged on the anniversary date of your account initiation and must be paid in full to maintain access to the FileMaker integration.
• 1CloudSoftware.com will notify you of the upcoming annual fee at least thirty (30) days prior to the due date.
2. Payment Methods
2.1. Accepted payment methods include credit/debit cards, automated bank transfers or other methods as specified by 1CloudSoftware.com.
3. Delayed Payments
3.1. Payment Delays:
• If any payment is not received by the due date, your access to the Service will be suspended. You will receive a notification regarding the suspension and the outstanding balance.
3.2. Reinstatement Fees:
• To reinstate access to the Service after suspension due to delayed payments, a reintegration fee of US$500 will be charged in addition to any overdue amounts.
• Payment of this fee must be made before your account is reactivated.
4. Non-Payment Consequences:
4.1. If your account remains unpaid for thirty (30) days post the due date, 1CloudSoftware.com reserves the right to terminate your account permanently.
• Upon termination, all data associated with your account will be deleted in accordance with our data retention policies.
5. Billing Disputes:
5.1. Any billing disputes must be submitted in writing to 1CloudSoftware.com within fourteen (14) days of the invoice date. If you do not notify us within this period, you waive any right to dispute the billed amounts.
6. Changes in Fees:
6.1. 1CloudSoftware.com reserves the right to modify subscription pricing and fees with a minimum of thirty (30) days’ notice to you. If you do not agree to the fee changes, you may cancel the Service without penalty prior to the fee’s effective date.
7. Taxes:
7.1. All fees are exclusive of applicable taxes. You will be responsible for the payment of all applicable sales tax, value-added tax (VAT) or other taxes that may arise in connection with your use of the Service.
8. Receipt of Payment:
8.1. Upon payment, you will receive a confirmation email. It is your responsibility to maintain a record of your payment confirmations for future reference.
9. Payment Security:
9.1. 1CloudSoftware.com uses industry-standard encryption to protect your payment information. However, we cannot guarantee the security of your payment information while it is transmitted over the internet.
Trial Conditions:
* Duration: Maximum 7 to 45 days, depending on hosting facility availability.
* Demo data: Can be retained if required when purchased.
Software Specifications: Specific on web site
* Up to 2 concurrent users on trial
* Additional users available upon request
Countries:
* Africa
* EU Countries
* Australia
* New Zealand
* United States
What We Provide:
* Secure cloud connection point
* SaaS - Art Gallery Software as a Service
* Online access to your system for support purposes
Specifications:
* As per website
What You Provide:
* Fast Internet-connected computer(s) with a connection speed of at least 30-50 Mbps with low latency. A fibre connection is ideal.
* Modern business-strength computer with SSD disks, a minimum of 200 GB of free storage and 8-16 GB of RAM. Apple Mac is the preferred choice. Apple supported , modern Operating Software.
The use of our services is governed by our Terms of Service and Privacy Policy, which outline your rights and responsibilities as a user as well as how we collect, use and protect your information. We encourage you to review these documents to ensure you understand the terms of your use of our services.
We strive to provide accurate and timely information about our offerings, but we cannot guarantee that pricing or terms will remain the same. All prices are final upon purchase and may not reflect current or future offers available.
For the most accurate and up-to-date pricing information or any questions regarding specific offers or plans, please contact our sales team.
Users: Minimum 5 users
Scope: as ordered
Provision: Private & Secure Cloud
As developers of DaVinci Art Gallery Software, 1CloudSoftware Ltd guarantees there are no hidden costs. For customisation to specific requirements, we offer a reduced rate of USD 99 per hour.
Support
a) Clients without a prepaid support level agreement may receive email support only from 9:00 AM to 5:00 PM NZTime.
Reaction time is 24 hours. Payment is required.
b) Clients with a prepaid support level agreement may receive email, text, and phone support 24 hours a day, 7 days a week. Reaction time varies depending on the support level agreement.
Non-Disclosure and Confidentiality Agreement
This Non-Disclosure and Confidentiality Agreement (“Agreement”) is entered into as of [Effective Date] (“Effective Date”),
BETWEEN
The Subscriber, a company incorporated under the laws of:
[Country],
having its principal place of business at [Address] (“Disclosing Party”),
AND
1CloudSoftware Ltd, a company or individual with an address at [Address] (“Receiving Party”).
The Disclosing Party and the Receiving Party are collectively referred to as the “Parties” and individually as a “Party”.1.
Purpose
The purpose of this Agreement is to allow the Disclosing Party to provide the Receiving Party with access to certain confidential information relating to software products, services, and related materials for the purpose of evaluation, development, integration, licensing, or commercial discussion (“Permitted Purpose”).2. Definition of Confidential
Information
“Confidential Information” means all information disclosed by the Disclosing Party to the Receiving Party, whether oral, written, electronic, or otherwise, including but not limited to:
• Software, source code, object code, scripts, APIs, databases, schemas
• Technical documentation, system architecture, workflows, specifications
• Product roadmaps, designs, algorithms, models, and methods
• Business plans, pricing, customer data, supplier information
• Trade secrets and proprietary know-how
• Any copies, derivatives, or summaries of the above
Confidential Information includes information marked as confidential or which reasonably should be understood to be confidential given its nature.3. Exclusions
Confidential Information does not include information that the Receiving Party can demonstrate:
a) is or becomes publicly available without breach of this Agreement;
b) was lawfully known to the Receiving Party prior to disclosure;
c) is independently developed without use of the Confidential Information;
d) is rightfully obtained from a third party without restriction.4. Confidentiality Obligations
The Receiving Party agrees to:
a) use the Confidential Information solely for the Permitted Purpose;
b) not disclose the Confidential Information to any third party without prior written consent of the Disclosing Party;
c) restrict access to Confidential Information to employees or contractors who need to know and are bound by confidentiality obligations no less restrictive than this Agreement;
d) protect the Confidential Information using at least the same degree of care it uses to protect its own confidential information, and no less than reasonable care.5. Software-Specific Restrictions
Unless expressly agreed in writing, the Receiving Party shall not:
• Copy, reverse engineer, decompile, disassemble, or modify the software
• Use the software in production or for commercial purposes
• Distribute, sublicense, or make the software available to any third party
• Remove or alter proprietary notices or branding
All intellectual property rights remain the exclusive property of the Disclosing Party.6. Ownership and No License
All Confidential Information remains the property of the Disclosing Party.
No license, assignment, or other rights are granted except the limited right to use the Confidential Information for the Permitted Purpose.
7. Return or Destruction
Upon written request or termination of discussions, the Receiving Party shall promptly:
• return or destroy all Confidential Information, including copies; and
• certify in writing that such return or destruction has been completed.
Term
This Agreement shall commence on the Effective Date and remain in force for [X] years.
Confidentiality obligations shall survive termination for [X] years from the date of last disclosure, or indefinitely for trade secrets where permitted by law.9. Breach and Remedies
The Receiving Party acknowledges that unauthorized disclosure may cause irreparable harm.
The Disclosing Party shall be entitled to seek injunctive relief, in addition to any other legal remedies available.10. No
Warranty
All Confidential Information is provided “as is”.
The Disclosing Party makes no representations or warranties regarding accuracy or completeness.11. Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of [Jurisdiction, e.g., New Zealand].
The courts of [Jurisdiction] shall have exclusive jurisdiction.12. Entire Agreement
This Agreement constitutes the entire agreement between the Parties regarding confidentiality and supersedes all prior discussions or agreements relating to the subject matter.
Disclaimer:
Every effort has been made to ensure the accuracy of the information provided in this document. However, the data submitted requires verification by the recipient. No guarantees are made regarding the accuracy of the information. All rights are reserved.
For the current terms and condition as per January 20, 2025, please contact us.
