Terms of Use

Welcome to 360DevOps! Indialytical Pty Ltd (“We,” “Us,” or “Our”) own www.360DevOps.com (“Website”) and provide various development and IT operations services (altogether, the “Services”). The Terms of Use (“Agreement“) is the contract that visitors, users, clients, and customers (“You” or “Your“) must comply with when accessing or using the Website and availing Our Services. In addition, this Agreement incorporates Our Privacy Policy. PLEASE READ THIS AGREEMENT CAREFULLY. By accessing or using the Website or availing Our Services, You agree to abide by this Agreement. If You do not agree with this Agreement, You may not access or use the Website or Services.

1. THE SERVICES

1.1.      We will provide You with Services and their inclusions: 1.1.1.      as described on the Website [linked to URL/s]; 1.1.2.      throughout the Period/s; 1.1.3.      according to the terms and conditions in this Agreement; 1.1.4.      as provided for in any separate agreement that we may agree upon in writing. 1.2.      Quotations. If We provide a quote or proposal, it does not constitute a legally binding offer to provide the Services. Unless We subsequently agree in writing to provide those Services, we will not be bound by an acceptance of that quote or proposal; 1.3.      Out of Scope. Services not included in the quotations, proposals and contracts previously agreed upon in writing will be charged at the specified “Out of Scope” rates, or if not specified, at the applicable standard rates that We charge from to time. 1.4.      Periods. We will provide the Services during the Period as described on the Website [linked URL/s] and/or as provided for in any separate agreement that we may agree upon in writing (“Period”). Any renewal of the Initial Period is a “Renewal Period”, whether such renewal occurs by way of automatic renewal, express renewal, or otherwise. 1.5.      Automatic Renewal. Unless You terminate the Services in accordance with clause 5 below, Your monthly retainer and/or subscription shall be automatically renewed (including all features on the Services at that time) for the next month or subscription period. The payment for such renewal shall be processed prior to the renewal date. 1.6.      You and We may agree in writing to add, delete, or modify the inclusions of the Services and the Fees payable in respect of the added, deleted, or modified Services. Unless otherwise agreed, such changes will take effect at the start of the next Renewal Period. All such changes will be subject to the provisions of this Agreement. 1.7.      If You and We enter into a separate contract, such contract shall be incorporated in this Agreement, unless otherwise stipulated therein. 1.8.      To avail of the Services, You may be asked to provide certain information. You agree to provide correct, current, and complete information. All information that You will provide shall be governed by Our Privacy Policy. 1.9.      Unless otherwise We expressly consent to in writing, the Services are not transferable to any other individual for any reason. You will make all commercially reasonable measures to prevent any other individuals, both in and outside of Your organisation, from accessing the Services.

2. FEES

2.1.      We offer the Services on monthly retainer plans, subscriptions, or a per-project basis. 2.2.      The Fees for the Services are set out on the Website and in Your communications with Us, including emails, at the then-current amounts. 2.3.      We reserve the right to increase or decrease any fee at any time, and such will take effect at the start of Your Renewal Period. Your continued use of the subscription means that You agree to such changes.

3. PAYMENTS

3.1.      The delivery of the Services is expressly conditioned on the timely payment of the Fees. 3.2.     By availing and/or using the Services, You agree to pay for the then-current Fees for the Period. 3.2.1.      For Fees that are payable monthly in advance, on or before the beginning of the month in which the Services are to be provided. 3.2.2.            For Fees that are payable after billing, with 5 days from the date of billing. 3.3.      By availing and/or using the Services, You grant UsStripe, and Our authorised third-party payment processor(s) the right to process payment using the debit card, credit card, bank information or third-party payment provider You provide (“Payment Method”). 3.4.      If payment is not successfully settled because of any reason, and You do not update Your Payment Method or have not provided proper notice of cancellation under clause 5 below, You remain responsible for any uncollected amounts and authorise Us to continue billing the Payment Method. This may change Your payment or billing dates. We may update Your Payment Method with the information provided by the applicable payment service provider. 3.5.      Late Payments. We reserve the right to require You to pay a late charge for any failure to make any payment by the date required under this Agreement, calculated daily using a rate that is 4% over the Reserve Bank of Australia’s Cash Rate, from the date that the payment first becomes overdue, to the date that We receive the payment, both dates inclusive. 3.6.      Collection Methods. We may collect Fees using various collection mechanisms if Your account is past due or if Your Payment Method fails. This includes, but is not limited to, charging other Payment Methods on file with Us and retaining collection agencies and legal counsel. Notwithstanding anything to the contrary, Your obligation to pay the Fees continues through the end of Your applicable Period, regardless of whether You cancel the Services during such Period. 3.7.      Suspension due to Non-payment. If Your Payment Method fails, or if We are unable to renew the Services based on inaccurate or outdated payment information, or If Your account is past due, We may suspend the Services until payment is received. No additional time will be added to the thenapplicable Period in the event that We suspend the Services because of non-payment and reinstate access to the Services after You have made payment.

4. NO REFUNDS

4.1.      Refunds will not be given if You cancel the Services prior to the end of Your Period. There will be no refunds or credits for partial use, non-use, or downgrade of the Services during the period.

5. CANCELLATION POLICY

5.1.      A Renewal will occur unless You notify Us in writing at least ten (10) days prior to the expiry of the current Period (or relevant Renewal Period) of Your intention to terminate the Agreement and cancelling the Services.

6. TAXES

6.1.      Payment of GST. Goods and Services Taxes are not included in the published Fees. You agree to pay the applicable GST in addition and together with the Fees. 6.2.      Adjustment Event. You agree to pay any GST regardless of any entitlement You may have to a credit or offset, without set-off or deduction. 6.2.1.      However, You and We must make the same adjustment to the GST which You have paid or are otherwise required to pay in accordance with this Agreement if: 6.2.1.1.     the GST paid or payable by You in respect of the supply is different from the amount of GST payable at law; and 6.2.1.2.     an adjustment of that GST is made between Us and the relevant taxing authority. 6.3.      Other Taxes. All Fees must be made free and clear and without deduction for any and all present and future taxes. Payments under the Agreement must be increased so that the Fees that We receive, after taxes and all taxes on increases, will be equal to the amount in Australian Dollars required under the Agreement, as if no taxes were due on such Fees.

7. DELIVERY OF THE SERVICES

7.1.      We will, at Our discretion, decide the method and technical means by which the Services will be provided, whether by telephone, remotely, by onsite attendance, or any other means We deem fit, unless otherwise specified in a separate agreement. 7.2.      We will provide and carry out the Services in an efficient and professional manner while observing general industry standards. 7.3.      We may take all reasonable steps and undertake all measures We consider necessary to efficiently deliver the Services.

8. ASSISTANCE

8.1.      You agree to provide all reasonable assistance requested by Our personnel in the diagnosis of any problem within Your technology infrastructure and follow any of Our reasonable directions while doing so. 8.2.      You will make available, free of charge and within a reasonable time, all information, facilities, and services reasonably required to enable Us to provide the Services. 8.3.      You will nominate a person as Your representative who will be authorised to bind You in all matters relating to the Services until notice to the contrary is given to Us. You will ensure its representative is contactable at all reasonable times.

9. YOUR CONTENT

9.1.      You may provide, upload, post, submit, publish, or transmit information (“Your Content”) to Us, to other users, or to third parties so that We can deliver the Services. By doing such, You do not transfer ownership of Your Content. 9.2.      Unless otherwise noted, Your Content will be considered confidential and proprietary and will be made available only to individuals or third parties that You authorise to access in connection with the delivery of the Services. 9.3.     To the extent of Your Content that You provide, You represent and warrant that: 9.3.1.      You have all necessary rights, licenses and/or clearances to provide Your Content; 9.3.2.      Your Content is accurate and reasonably complete; 9.3.3.      As between You and Us, You are responsible for any fee related to the provision and use of Your Content; 9.3.4.      Your Content does not and will not infringe or misappropriate any third-party rights; 9.3.5.      Your Content does not and will not constitute a fraudulent statement or misrepresentation or unfair business practices; 9.3.6.      You are responsible for Your Content and for complying with applicable laws relating thereto, including export control regulations; 9.3.7.      You agree to comply with all applicable rules regarding online conduct and acceptable use policy that We may post on the Services from time to time. 9.4.      Your Content that You submitted for or published in the public areas of the Services, such as feedback and testimonials, are considered non-confidential and non-proprietary. You grant Us and Our affiliates, service providers, licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such content. 9.5.      Monitoring and Enforcement. We have the right to: 9.5.1.      remove or refuse to post Your Content for any or no reason in Our sole discretion; 9.5.2.      take any action concerning Your Content that We may deem necessary or appropriate in Our sole discretion, including if We believe that Your Content violates this Agreement, threatens the personal safety of others, or could create risk or liability for Us, or infringes any right of any person or entity; 9.5.3.      disclose any information to any third-party who claims that Your Content violates their rights; 9.5.4.      take legal action, for any unauthorised or illegal use of the Services, including but without limitation, referral to law enforcement; and 9.5.5.      terminate or suspend the Services for any violation of this Agreement. 9.6.      Notwithstanding anything to the contrary, We have no obligation to review any of Your Content or materials before they are used in the Services. We are not responsible or liable to anyone for performance or non-performance of the activities described in this clause 9, for any action or inaction regarding transmissions, communications, or content provided by any user or third party, or for removal of objectionable material. 9.7.      To access Your Content and use the Services, You must have Your own compatible devices. You are responsible for acquiring, maintaining, properly using and updating any device, communications link and software required during the Period, and all capital and ongoing costs for such items.

10. BACK UP

10.1.    If the inclusions of the Services state that We are providing backup services, then We will make backups of Your Content at the intervals, in the manner described, and for the agreed Periods. Any superseded backup may be destroyed. 10.1.1.    We will use Our best efforts (but will not be liable for any failure to) to ensure that We can restore Your Content and Services from the backup within 48 hours of being notified that restoration is required. 10.1.2.    We are not responsible for any failure to restore data if the backup process fails to take a backup and such failure could not have been discovered by the standard verification test. 10.1.3.    As We do not know what information are in Your Content, You must ensure that the backups that are taken are complete and accurate. 10.2.    If We are not providing backup as part of the Services, You must take all necessary backups of Your Content.

11. FEEDBACK

11.1.    Any and all feedback, comments, and suggestions about or in the Services will be Our sole and exclusive property. You hereby irrevocably assign to Us Your rights, titles, and interests in and to all feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein. At Our request and expense, You will execute documents and take such further acts as We may reasonably request to assist Us to acquire, perfect, and maintain its intellectual property rights and other legal protections over the feedback.

12. OWNERSHIP AND CONTROL

12.1.    We retain the sole right and control over all aspects of the coding, programming, composition, designs, deployment, management, support, and operation of the Services. We retain all intellectual property rights in any information, software or other item provided to You in connection with this Agreement, and to any adaptations, translation, or derivatives thereof. 12.2.    You understand and agree that You do not have any rights to any particular user identification, password, customer number, IP address, or any other thing which We may provide as part of the Services. 12.3.    Nothing in this Agreement transfers title to any part of the Services to You at any time.

13. PROPRIETARY MATERIALS

13.1.    The Services contains Our and Our licensors’ copyrighted materials, trademarks, proprietary and confidential information, and intellectual property (“Proprietary Materials”), which includes, but is not limited to, graphics, images, music, photos, software, sound, source code, texts, and videos. You agree not to modify, participate, publish, or transmit in the sale, transfer, or sale of, or create derivative works of, or in any way exploit, any Proprietary Materials, in whole or in part. 13.2.    The right of access to the Services does not grant You any right to store or download any Proprietary Materials in any medium, except that: 13.2.1.    downloadable content may be provided in connection with the Services; 13.2.2.    if We provide a file or application for download, a single copy of such solely for Your own personal or business use, provided that You agree to be bound by the respective user agreements of those applications; or 13.2.3.    files are automatically cached by Your browser for display purposes. 13.3.    Reservation of Rights. We reserve all intellectual property rights to the Proprietary Materials, other than as specifically granted under the applicable license granted to You under this Agreement. Without Our express written permission, any copying, decompilation, disassembling, distribution, posting, publication, transmission, reverse engineering, or retransmission, redistribution, republication, or otherwise modifying, reproducing, storing, transmitting, or commercially exploiting of any Proprietary Materials for any purpose, by any means, in any form, is and will be prohibited. 13.4.    Our Marks. The Services are protected by copyright. “360DevOps” and other 360DevOps marks and logos are Our service marks and trademarks. 13.5.    Third-party Marks. Other marks used on the Website and the Services are the trademarks, service marks or logos of their respective owners. We are using these third-party trademarks, service marks or logos with the permission of the trademark owner or for identification purposes only. 13.6.    Violation of Copyright or Intellectual Property Laws. We respect the intellectual property of others, and We ask You to do the same. We may, in appropriate circumstances and at Our sole discretion, remove or disable access to any materials on the Services that We believe (or are notified) may infringe on the rights of others. If You believe that Your work has been copied in a way that constitutes copyright infringement or otherwise infringes on Your intellectual property rights, please report it to Us promptly. 13.7.    Your Marks. You agree and understand that We may identify You as Our client or customer on the Website, in other marketing materials, on the Services, and to be referenced in Our press releases and case studies. It shall be deemed a worldwide, non-exclusive, and irrevocable license to use Your trademarks, service marks, and logos for such purposes.

14. CONFIDENTIALITY

14.1.    “Confidential Information” means all information which is obtained by or disclosed to one party (whether directly or indirectly) from the other, including, but not limited to, the Proprietary Materials, and all information relating to that other’s business, contracts, customers, finances, current, former or prospective clients, partners or suppliers, know-how, operations, processes, plans, products, systems, trade secrets, strategies, (together with copies made of any of the above) whether marked as confidential; but excluding information that is: 14.1.1.    available to the public, because of any reason other than a breach of this Agreement; 14.1.2.    when it is supplied, is already known to whom it is disclosed under circumstances in which he or she is not prevented from disclosing it to others; 14.1.3.    is independently obtained by whoever it is disclosed to in circumstances in which they are not prevented from disclosing it to others; or 14.1.4.    is independently developed from and without reference to any Confidential Information provided. 14.2.    You and We agree that we will not permit the use of or disclosure to any third person of each other’s Confidential Information, other than that: 14.2.1.    We may disclose Your Confidential Information to Our related bodies corporates, contractors, and employees; 14.2.2.    We may disclose Your Confidential Information in response to a request of any government or regulatory entity (including subpoenas and court orders). 14.3.    You and We agree that we will use each other’s Confidential Information only for the purpose of complying with our obligations under this Agreement. 14.4.    Unless the use or disclosure is specifically prohibited in writing by the other party or by law, either party may disclose the other party’s Confidential Information to their professional advisers, provided the professional adviser will use the Confidential Information for purposes of advising on this Agreement.

15. LINKS TO OTHER WEBSITES

15.1.    We may provide links to other services, websites, advertisements, and information from time to time for Your convenience. This does not imply approval, arrangement, endorsement, or sponsorship between Us and the owners of those services, websites, advertisements, and information. We have no responsibility for any of the content found on the linked services, websites, advertisements, and information. 15.2.    The Website may contain information or advertisements provided by third parties. We are not providing any advice but only making a ‘recommendation’. We do not take any responsibility for any advice received in this regard. We accept no responsibility whatsoever for any advice or information provided by those third parties.

16. YOUR OBLIGATIONS

16.1.    You will comply with all relevant and applicable federal, state, local, or international laws or regulations. 16.2.    You will not adapt, assign, broadcast, create derivative works of, edit, lend, modify, reproduce, redistribute, rent, share, sell, transmit, license, capture, download, save, upload, print, or otherwise retain or transfer information or content available on the Services, subject to the limited permissions set forth in this Agreement 16.3.    You will not manually or systematically harvest, scrape, collect or otherwise extract information or data contained on the Services, other than temporary storage of video materials for offline viewing (if permitted by the Services). 16.4.    You will not attempt or impersonate Us, Our employees, or any other person or entity. 16.5.    You will not modify or remove any copyright, legal notices, trademark, or other notations from the Proprietary Materials or any content on the Services. 16.6.    You will not violate or attempt to violate the Services’ security mechanisms, attempt to gain unauthorised access to the Services or assist others to do so, or otherwise breach the security of the Services or corrupt the Services in any way. 16.7.    Without Our or Our authorised representative’s prior express written permission, You will not cobrand or frame the Services. 16.8.    Without Our or Our authorised representative’s prior express written permission, You will not suggest any form of link, approval, association, or endorsement on Our part. 16.9.    You will not use any portion of the Services to aid to transmit or procure any advertising or promotional material, such as “junk mail”, “chain letter”, or “spam” or any other similar solicitation. 16.10. You will not use the Services with any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, infringing, defamatory, or libellous content. 16.11. You will not use the Services or its contents (including Your Content) to contact, recruit, or solicit other users or potential users for employment or contracting for a business not affiliated with Us, without Our prior express written permission or of Our authorised representative. 16.12. You will not attempt or use the Services to store or transmit computer code, files, programs, or software Trojan horses, time bombs, worms, viruses, designed to destroy, interrupt, or limit the functionality of any telecommunications equipment, computer software, or hardware. 16.13. You will not engage in anything that restricts or inhibits any person’s enjoyment or use of the Services or which may harm Us or users of the Services or expose them to liability. 16.14. You will not use the Services in a manner that may damage, disable, overburden, or impair the Services.

17. RESTRICTED USE OF SERVICES

17.1.    We reserve the right to monitor the use of the Services. 17.2.    We reserve the right to suspend, revoke, deny, disable, or terminate Your access if You violate any provisions of this Agreement.

18. REPRESENTATIONS AND WARRANTIES

18.1. Authority. You and We each represent, warrant, and covenant that we have the full power and authority to: 18.1.1.    enter into this Agreement; 18.1.2.    perform Our obligations hereunder, and that Our performance hereunder does not conflict with, limit, or be contrary to any other agreement; 18.1.3.    And that by so doing, we do not violate any applicable laws or any contractual relationship. 18.2.    Availability of Services. You acknowledge and accept that the use and access of the Services may be delayed because of the ordinary traffic of data through the internet, for which You agree not to hold Us liable. You also acknowledge and accept that the Services may not be available on a continual 24-hour basis due to upgrades, modifications, standard maintenance, or any other reasons outside of Our control. We will use best efforts in supplying the Services but do not warrant that the Services will be interruption or error-free.

19. TERMINATION

19.1.    We may suspend, deactivate, or terminate the Services if We believe that You have breached or acted inconsistently with this Agreement or its incorporated documents. Any such suspension, deactivation or termination may be effected without prior notice to You or any person. We will not be liable for such suspension, deactivation or termination to You or any third party. 19.2.    All unpaid Fees are due and payable immediately upon termination. 19.3.    We may retain and store Your Content for archival purposes notwithstanding any termination or cancellation of the Services. 19.4.    Immediately following the end of the Services, We may permanently delete all Your Content in respect of the terminated Service without reference to You and without liability to You.

20. INDEMNIFICATION

20.1.    You agree to defend, indemnify and hold harmless Us, Our directors, employees, licensors, independent contractors, providers, subsidiaries, and affiliates, and Our and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) (hereinafter, “Claims ”) arising out of or relating to : (i) Your violation of this Agreement; (ii) any information You post to the Services; (iii) Your use of the Services’ material, content, services, or products other than as expressly authorised in this Agreement; or (iv) Your use of any information obtained from the Services. 20.2.    You agree to cooperate as fully as reasonably required in the defence of any Claims, including asserting any available defences. We reserve the right, at Our own expense, to assume the exclusive defence and control of any Claims or matter otherwise subject to indemnification by You and You may not in any event settle any Claims without Our prior written consent.

21. NO WARRANTY

21.1.     EXCEPT FOR THOSE WARRANTIES OUTLINED HEREIN, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESSED OR IMPLIED. NEITHER 360DEVOPS NOR ANY PERSON OR ENTITY ASSOCIATED WITH 360DEVOPS MAKES ANY PROMISE, WARRANTY, OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER 360DEVOPS NOR ANY PERSON OR ENTITY ASSOCIATED WITH 360DEVOPS PROMISES, REPRESENTS OR WARRANTS THAT THE SERVICES OR CONTENT OBTAINED THROUGH THE SERVICES OR ANY PORTION THEREOF WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ITS CONTENT OR MATERIALS WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. 360DEVOPS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON- INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

22. LIMITATION ON LIABILITY

22.1.    In no event will We, Our affiliates, licensors, service providers, employees, agents, officers, or directors be liable to You, any of Your users, or any third party with respect to the Services or the subject matter of this Agreement under any contract, negligence, tort, strict liability, or other legal or equitable theory, even if foreseeable, for: 22.1.1.    any amount in the aggregate in excess of the greater of the amount You have paid to Us for the Services in the three (3) months immediately prior to liability arising; 22.1.2.    for any special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, including without limitation loss of revenue, loss of profits, loss of business, loss of anticipated savings, loss of use, or loss of goodwill; 22.1.3.    user content or data loss or cost of procurement of substitute goods or services; 22.1.4.    for any matter beyond Our reasonable control; or 22.1.5.    for any actions of, or services provided by, third-party service providers or independent contractors (including mentors) providing services on Our behalf or via the Services. 22.2.    The foregoing does not affect any liability which cannot be excluded or limited under applicable law.

23. DISCLAIMER

23.1.    The information contained on the Website is for general information purposes only. While We endeavour to keep the information up to date and correct, We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the Website or the information, products, services, or related graphics contained therein for any purpose. Any reliance You place on such information is therefore strictly at Your own risk. You need to make Your own enquiries to determine if the information or products are appropriate for Your intended use. 23.2.    In no event will We be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of the Website.

24. COMPETITION AND CONSUMER ACT

24.1.    For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), Our liability for any breach of a Period of this Agreement is limited to the supplying of the Services to You again or the payment of the cost of having the Services supplied to You again.

25. CHANGES TO THIS AGREEMENT

25.1.    We reserve the right to change or modify this Agreement, Our Privacy Policy, or any terms they incorporate by reference at Our sole discretion and at any time. Any such change or modification will be effective immediately upon posting on the Website or the Services. We will take reasonable steps to notify You of any changes or modifications, but You agree to review the Website or Services periodically to be aware of any changes or modifications. Notwithstanding anything to the contrary, Your continued use of the Services and any of Our other services will be deemed Your conclusive acceptance of all such changed or modified terms and conditions.

26. GENERAL

26.1.    Entire Agreement. This Agreement and the other agreements stipulated to be incorporated herein are the entire agreement between You and Us and supersede any prior understandings or agreements (written or verbal). 26.2.    Non-Waiver. Our failure to enforce any provision(s) of this Agreement will not be construed as a waiver of any provision or right. 26.3.    Severability. If any provision of this Agreement is found to be illegal, void, or unenforceable, then that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provisions of this Agreement. 26.4.    Dispute Resolution. Should any dispute arise with regard to this Agreement, the parties agree to first work in good faith to resolve such dispute, and neither party may commence any action with regard to such dispute until thirty (30) days have passed from the time such party has provided written notice to the other party of the nature of such dispute, provided that nothing herein will prevent Us from seeking injunctive relief in the event of Your actual or threatened breach of any terms of this Agreement. 26.5.    Notice. Any notice which may be required to be given under this Agreement, will be given: (i) to You via e-mail to the e-mail address You maintain in the Services or by notifying You electronically by displaying the notice in the Website or Services; (ii) by You to Us in any commercially reasonable manner, including certified mail, return receipt requested, e-mail, or any other customary means of communication at the applicable mailing address provided to You at the time of using the Services and as may be updated from time to time. Any notice given otherwise than in accordance with this Section will be deemed ineffective. 26.6.    No Agency. Nothing in this Agreement will be construed as making either party the partner, joint venture, agent, legal representative, employer, contractor, or employee of the other. Neither party to this Agreement has, or may hold itself out to any third party as having, any authority to make any statements, representations, or commitments of any kind, or to take any action that is binding on the other party, except as provided for herein or authorized in writing by the party to be bound. 26.7.    Equitable Relief. You acknowledge that a breach of this Agreement may cause Us irreparable damage, for which the award of damages would not be adequate compensation. Consequently, You agree that We may institute an action to enjoin You from any and all acts in violation of those provisions, which remedy will be cumulative and not exclusive, and We may seek the entry of an injunction enjoining any breach or threatened breach of those provisions, in addition to any other relief to which We may be entitled at law or in equity. 26.8.    Assignment. You agree that this Agreement and all incorporated agreements may be automatically assigned by Us in Our sole discretion. You cannot assign this Agreement without Our written consent. 26.9.    Headings. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. 26.10.    Survival. Clauses 3 (Payments), 6 (Taxes), 12 (Ownership and Control), 13 (Proprietary Materials), 14 (Confidentiality), 20 (No Warranty), 22 (Limitation on Liability), and 22 (Disclaimer) shall survive any termination or expiration of this agreement. 26.11. Governing Law and Jurisdiction. All claims or causes of action (whether in contract, tort, or statute) that may be based upon, arise out of, or relate to this Agreement, or the negotiation, execution, or performance under this Agreement (including any claim or cause of action based upon, arising out of, or related to any representation or warranty made in or in connection with this Agreement or as an inducement to agree to this Agreement), are governed by and will be construed and enforced in accordance with the laws of the State of Victoria, Australia, including its statute of limitations, without reference to any conflicts of law principles that would apply the substantive laws of another jurisdiction to the parties’ rights or duties. Any action or other judicial proceeding for the enforcement of this Agreement or any of its provisions shall be instituted only in the courts of the State of Victoria, Australia.

27. CONTACT US

27.1 If you have any questions or comments, please contact Us through support@360devops.com

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