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Terms & Conditions

Please read these terms and conditions carefully before ordering the Service described. You should understand that by ordering the Service described, you are agreeing to be bound by these terms and conditions which may be amended from time to time. You should print a copy of these terms and conditions for future reference.

Definitions

'Zen Software': The registered Limited Company, Zen Software and all its employees who will be providing the Service.
'AWS': The Amazon Web Services cloud infrastructure platform as described at http://aws.amazon.com/
'MDaemon': the MDaemon software package including any of its plug-ins and services licenced by the Customer.
'Instance': The virtualised Windows Server provisioned in AWS specifically to act as a host for MDaemon.
'Customer': The organisation whose staff connect to the MDaemon server to send and receive email.
'Administrator': A member of staff employed or contracted by the Customer who has access to administrate the MDaemon software.
'Service': encompasses the provision and management of an Instance within AWS by Zen Software to act as a host for the Customer's own MDaemon software.
'Uptime': a period of time where the Instance is responding to UDP ping packets from the Internet within 2000 milliseconds.
'Downtime': a period of time where the Instance is not responding to UDP ping packets from the Internet within 2000 milliseconds.

Zen Software's responsibilities

Zen Software will be responsible for:-
  • The initial creation and provision of an Instance upon which MDaemon software will be installed for configuration and use by the Customer;
  • Ensuring that the Instance remains firewalled from the Internet as securely as possible based on the information provided to us by the Customer
  • Ensuring that, subject to the exclusions listed in the Service Level Guarantee, the Instance remains operational and connected to the Internet in order that the Customer's MDaemon software can be used as required;
  • Monitoring the status of key aspects of the Instance such as free disk space and CPU usage and reacting appropriately to any issues that arise;
  • Monitoring the availability of key aspects of MDaemon and reacting appropriately to any issues that arise;
  • Managing the updates to the Instance's Windows operating system and installing updates to the MDaemon software as and when appropriate;
  • Retaining the 28 latest daily AWS snapshots of the Instance's data volume and the 4 latest weekly AWS snapshots of the Instance's system volume such that the Instance can be recovered back to an effective operational state using those snapshots;
  • Providing technical support during our office hours via telephone and email to the Administrator(s) relating to their access and use of MDaemon;
  • Providing emergency contact details for the reporting of suspected server outages;
  • Providing access to availability statistics for the Instance;
  • Notifying the Customer's designated contact of any scheduled maintenance with 72 hours advance notice;
  • Timely and accurate invoicing to the Customer for the provision of the Service;

Responsibilities of the Customer

The Customer's responsibilities will include:-
  • Supplying Zen Software with the contact details of an Administrator designated as a primary technical contact relating to the Service;
  • Ensuring that only appropriate members of staff are allowed to access and act as Administrators of the MDaemon software;
  • Day to day administration of the MDaemon software;
  • Remittance of payments against invoices received for the provision of the Service within 30 days of the invoice date;
  • Taking 'off Service' copies of emails passing through the Instance (see 'Off Service backups by the Customer' below)
  • Supplying Zen Software with correct IP addresses or ranges from which Administrators will be allowed access to administrate MDaemon through the firewalling;
  • Ensuring that any DNS entries that could affect the Service are maintained correctly;

Off Service backups by the Customer

The Service does not include any guarantee or insurance by Zen Software to cover the potential loss - no matter how unlikely - of current and/or historic email.

Zen Software do not recommend that the Customer relies on backups of their email being handled by and retained solely within the Service.

It is highly recommended that the Customer maintains a separate 'off-Service' backup or archive of all email traffic. Zen Software will be happy to provide separate advice on this topic.

Limits as to the use of the Service

The Customer's Administrators may not install software on the Instance except with the prior written consent from Zen Software.

The following features within the MDaemon software may not be used:-
  • BlackBerry Enterprise Services (BIS or BES)
  • Gateways
The MDaemon Software may not be used:-
  • to send unsolicited bulk emails;
  • to provide commercial email services to third parties not employed by the Customer;
  • to pre-filter email being forwarded on to other mail servers;
  • where it is primarily acting as a mailing list server;
The Service may not be used for any activities which could be deemed to be illegal or fraudulent.

In the event that Zen Software deems the Service to be used in a way for which it is not intended and that could reasonably be deemed as being inappropriate or an abuse of the Service, Zen Software reserves the right to cancel or restrict access to the Service without notice.

Security of data

The MDaemon related data contained on the Instance's data volume remains the property and responsibility of the Customer. Access to this data should be restricted to designated Administrator(s) only.

By necessity, appropriate staff members employed by Zen Software will have access to all data contained on the Instance. The Customer's own data protection statement may need to be amended to document this appropriately.

Zen Software will be happy to sign a suitable non-disclosure agreement (NDA) provided by the Customer relating to the MDaemon related data contained on the Instance.

Charges for the Service

Charges for the Service will be agreed with the Customer prior to commencement of the Service.

Charges for the Service may be subject to change from time to time - notification of which will be sent via email to the nominated billing email address with a notice period of 30 days.

Other changes that will affect your charges

Changes to the Instance's performance grade

If you decide to upgrade the performance of your server Instance, any additional charges due prior to your next bill will be included on a pro-rata basis on your next invoice. Subsequent invoices will also be adjusted to account for the new server grade.

Increased storage requirements

We will actively monitor the number of mailboxes and free disk space on your server's disk and will adjust the disk size as required so that you don't run out of disk space. Where your disk size is greater than the total included '5GB per mailbox' allocation, any additional charges due prior to your next bill will be included on a pro-rata basis on your next invoice. Subsequent invoices will also be adjusted to account for the additional disk space. Additional disk space is allocated a minimum of 10GB at a time.

Increased bandwidth requirements

5GB of outbound bandwidth per user per month is included and we do not anticipate billing customers for additional bandwidth usage. In the event that your server is consistently using more outbound bandwidth than the included 5GB per user we reserve the right to contact you to arrange for the usage to be reduced or for the excess usage to be added to your next and subsequent bills.

Billing for the Service

The Customer will be billed for the Service on a monthly basis.

Invoices will be sent via email to a nominated billing email address at the start of the billing period with a 30 day credit period in which to remit payment. Invoices will be deemed to have been successfully delivered if accepted by a designated receiving server for the Customer's email domain.

Any queries relating to invoices must be raised within 7 days of the invoice date.

Failure to remit payment on time may result in the suspension or cancellation of the Service and will result in loss of access to all data contained within the Service pending receipt of any outstanding charges.

Cancellation of the Service

The minimum period of Service is 3 months.

Cancellation of the Service is subject to a minimum period of notice of 14 days.

Prior to the Service's cancellation date, the Customer should make appropriate arrangements to take copies of data stored on the Instance's data volume which the Customer requires to keep. Zen Software will advise on appropriate ways of doing this and will assist where possible.

Once the Service's cancellation date has passed, it should be assumed that the Instance itself, any data volumes connected to the Instance and any backups of the data volumes will no longer be accessible.