Legal Information

Privacy Policy

Your privacy is very important to us. Accordingly, we have developed this Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. The following outlines our privacy policy.

Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.

We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.

We will only retain personal information as long as necessary for the fulfillment of those purposes.

We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.

Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.

We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.

We will make readily available to customers information about our policies and practices relating to the management of personal information.

We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.

Terms of Service

Thanks for using our products and services!  By using our services, you are agreeing to these terms. Please read them carefully.

Our services are very diverse, so sometimes additional terms or requirements may apply. Additional terms will be available with the relevant services, and those additional terms become part of your agreement with us if you use those services.

All information provided to Touch Support is properly stored and handled at all times by authorized Touch Support staff members only. Customer agrees to indemnify the Company on account of the unlikely compromise of the Customer’s vital information.

Confidentiality Statement

Touch Support, and its employees, agents, or representatives will not at any time or in any manner, either directly or indirectly, use for the personal benefit of Touch Support, or divulge, disclose, or communicate in any manner, any information that is proprietary to you. Touch Support and its employees, agents, and representatives will protect such information and treat it as strictly confidential. This provision will continue to be effective after the termination of services.

Indemnification

Customer agrees that it will protect, indemnify, save and hold Touch Support harmless from any and all stipulations, liabilities, losses, expenses and claims, as well as reasonable attorney’s fees assessed against Touch Support its agents, customers, officers, employees and administration that may arise or result from any service provided or performed or agreed to be performed or any product sold by it’s customers, agents, employees or assigns. Customer agrees to defend, indemnify and hold Touch Support harmless against liabilities arising out of; (1) any injury to person or property caused by any products sold or distributed in association with Touch Support; (2) any material furnished by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright violation and any defective products sold to a customer from Touch Support.

Payments and Fees

Establishment of this service is dependent upon receipt by Touch Support of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month’s service, unless otherwise noted.

Failure to Pay

Touch Support may suspend, restrict, or cancel services and this agreement, without notice, if you do not make payments for current or prior invoices by the required due date. Such termination or denial will not relieve you of responsibility for the full payment of all accrued charges. Service will be interrupted on accounts immediately that do not provide payment on the due date. Early notification is suggested to prevent such interruption in service.

Cancellations and Refunds

Setup fees and one-time services are NON-REFUNDABLE under any circumstance, unless deemed appropriate by Touch Support. Monthly service charges will not be refunded if the refund is requested after the due date.

One-Time Services

No support will be given to these services, unless otherwise noted, including troubleshooting any problems that occur caused by the services, unless Touch Support so chooses. Touch Support reserves the right to refuse additional support.

Automatic Renewal

THIS AGREEMENT WILL AUTOMATICALLY RENEW FOR 12 MONTHS UNLESS EITHER PARTY PROVIDES THE OTHER WRITTEN NOTICE OF TERMINATION OF AT LEAST THIRTY (30) DAYS PRIOR TO THE END OF THIS TERM. DURING ANY RENEWAL TERM, THE TERMS, CONDITIONS AND PROVISIONS SET FORTH IN THIS AGREEMENT SHALL REMAIN IN EFFECT.

Service Level Agreements

The Service Level Agreement(s) set out at http://www.touchsupport.com/legal are part of the Agreement, as applicable to the Services specified in your Order (“Cloud SLAs”).

Limitations on Credits

Notwithstanding anything in this Agreement to the contrary, the maximum total credit for any calendar month for failure to meet Service Level Guarantees under the Agreement, including all guarantees, shall not exceed one hundred percent (100%) of your monthly recurring fee for the affected cloud Services. Credits that would be available but for any limitation on credits will not be carried forward to future months.

You are not entitled to a credit under any Service Level Agreement for downtime or outages resulting from Maintenance. For purposes of the Agreement, Maintenance shall mean:

Scheduled maintenance – repairs, modifications, or upgrades announced at least seventy two (72) hours in advance;

Scheduled customer maintenance – maintenance of your configuration that you request and that we schedule with you in advance (either on a case by case basis, or based on standing instructions), such as hardware or software upgrades;

Emergency maintenance – critical unforeseen maintenance needed for the security or performance of your configuration or Touch Support’s network.

You are not entitled to a credit under any Service Level Agreement for downtime or outages resulting from:

External factors or circumstances outside of our control, including denial of service attacks, virus attacks, hacking attempts and spikes in network traffic or application utilization;

A change which you effect or request which results in downtime or outages or interferes with our ability to provide the Services;

Deficiencies, bugs or errors in your application, application code, data structures, system software, operating system, or any vendor supplied patches;

Any unsupported third party products or third party services (or their interaction with the Services);

Any action we take which we reasonably believe is necessary to protect you, the Touch Support network or our other customers.

You are not entitled to a credit under any Service Level Agreement if you are in breach of your Agreement with Touch Support (including your payment obligations to Touch Support) at the time of the occurrence of the event giving rise to the credit until you have cured the breach. You are not entitled to a credit if event giving rise to the credit would not have occurred but for your breach of your Agreement with Touch Support or your misuse of the Services.

You must request a credit via support ticket in the Touch Support portal within thirty (30) days following the occurrence of the event giving rise to the credit. If the claim is approved, the credit will be applied during the next billing cycle following approval. You must show that your use of the Service to which the applicable Service Level Guarantee applies was adversely affected in some way as a result of the downtime or outage to be eligible for the credit.

For the purpose of determining whether a credit is due, time periods will be measured from the timestamp generated by our ticket system, the time an interruption is recorded in our monitoring system, until network availability is restored or the affected device is powered back on, as applicable. You may open a support ticket to document the start time for a support request or other incident, or if you contact us by telephone to request support, we will open a ticket. If you contact us by phone, there may be a delay between the time of the call and the time we open a ticket.

Term and renewal

Term

The initial term for each Order begins on the date that we make the Services available for your use and continues for the period stated in the Order. If no period is stated in the Order, then the initial term shall be one (1) month. Upon expiration of the initial term, the Order will automatically renew for successive renewal terms of one (1) month each, unless and until one of us gives the other a written notice of non-renewal prior to the expiration of the initial term (or then-current renewal term, as applicable) following the process in Sub-section

Non-renewal Process

You must follow Touch Support’s non-renewal process accessible from the Touch Support cloud control panel to give effective notice of non-renewal. All notices of non-renewal you may give that are outside of that process, including, but not limited to, notices given by telephone, email, or ticket, shall be deemed invalid. Before the effective date of the termination of the Agreement, you should retrieve a copy of the Customer Data and delete Customer Data from the Hosted System. Upon the effective date of termination you will no longer have access to the Hosted System.

For avoidance of doubt these Cloud Terms of Service, excluding the Service Level Agreement, shall continue to apply following your notice of non-renewal until the effective date of termination. You will not have access to your data stored on the Services during a suspension or following termination or expiration. You acknowledge that if you terminate the Services or delete instances through your Control Panel, API or other means, that the data contained thereon will no longer be recoverable.

Additional fees may apply to customers under Cloud Commitment or similar arrangements.

Termination by Customer

All cancellation requests must be received by Touch Support at least thirty (30) days prior to your account renewal. Cancellation requests must be submitted by an authorized account contact. Upon receipt of your notice of termination, your account will be terminated and you will not be liable for any future service fees. By terminating your service, you agree that you have received all services, rights, and other obligations owed to you by Touch Support under this Agreement.

Service Interruptions

You agree and understand that temporary interruptions may occur as normal events in the provision of service. Under no circumstances shall Touch Support be held liable for any financial or other damages due to such service interruptions.

Force Majeure

You agree that Touch Support is not responsible for any delay or failure in performance due to events outside Touch Support’s reasonable control, including without limitation acts of God, earthquake, labor disputes, shortages of supplies, riots, war, fire, epidemics, failures of telecommunication carriers, delays of common carriers, or other circumstances beyond its reasonable control.

Customer Abuse

We have no tolerance for abusive language and/or abusive behavior towards our company and/or service we provide and/or our employees. Any Touch Support customer exhibiting a pattern of abusive behavior towards our company and/or service we provide and/or our employees will result in account termination without refund. Threats to slander, libel, etc., are all considered forms of abuse and could result in immediate account termination without refund.

Errors and Omissions

We make every reasonable effort to ensure the accuracy and validity of the information provided in quotes, proposals and on our website. However, as policies, price points, dates, conditions, and information are continually changing, we reserve the right to change at any time without notice, information contained in unsigned quotes, proposals and on our website and we make no warranties or representations as to its accuracy.

Liability

YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU WILL NOT UNDER ANY CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, HOLD US OR OUR LICENSORS, AGENTS, EMPLOYEES, OFFICERS AND/OR THIRD PARTY VENDORS, LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, COST SAVINGS, REVENUE, BUSINESS, DATA OR USE, OR ANY OTHER PECUNIARY LOSS BY YOU OR ANY OTHER THIRD PARTY, RESULTING FROM:

(i) THE USE OR THE INABILITY TO USE THE SERVICE;

(ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;

(iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;

(iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

YOU AGREE THAT THE FOREGOING LIMITATIONS APPLY WHETHER IN AN ACTION IN CONTRACT OR TORT OR ANY OTHER LEGAL THEORY AND APPLY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL WE BE LIABLE TO YOU IN THE AGGREGATE WITH RESPECT TO ANY AND ALL BREACHES, DEFAULTS, OR CLAIM OF LIABILITY UNDER THIS CONTRACT FOR AN AMOUNT GREATER THAN THE FEES ACTUALLY PAID BY YOU TO US DURING THE 3 MONTH PERIOD PRECEDING A CLAIM GIVING RISE TO SUCH LIABILITY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; YOU AGREE THAT IN THOSE JURISDICTIONS OUR LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Last updated on December 8, 2016.