Business Terms Australia
NOTE TO THIS VERSION
(December 2, 2016)
8x8, Inc. has updated its Business Terms. The updated version, which is available at www.8x8.com/terms-and-conditions, will apply to customers in Australia and will take effect, as to new customers, on January 1, 2017, and as to existing customers, on the date of their first renewal of service on or after January 1, 2017. See Global Business Terms: Summary and FAQ for additional information.
For 8x8 customers in Australia looking for prior versions of these Business Terms, please see the Archive section of pour terms and conditions webpages at https://www.8x8.com/au/terms-and-conditions.
1. TERMS AND CONDITIONS. These terms and conditions (“Terms and Conditions”) are an integral part of the agreement (“Agreement”) between 8x8, Inc. (“8x8”) and the customer (“Customer”) of the 8x8 services. Any 8x8 services or products (collectively, the “Services”) provided by 8x8 to Customer shall be governed by the terms and conditions herein. By ordering, purchasing or using the Services, CUSTOMER AGREES TO BE BOUND BY THESE TERMS AND CONDITIONS. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. They affect the legal rights between Customer and 8x8 by, among other things, (1) requiring MANDATORY ARBITRATION OF DISPUTES; (2) charging an EARLY TERMINATION CHARGE and DISCONNECTION FEE; and (3) LIMITING 8x8’s LIABILITY UNDER THE AGREEMENT.
2. DEFINITIONS. The following terms shall have the meanings set forth below.
2.1 “Agent” means a Customer employee or contractor who may use the Services, the total number of Agents being the maximum number of personnel who may use the Services at any one time.
2.2 “Customer Data” means any data, information or other materials of any nature whatsoever provided to 8x8 by Customer in the course of implementing or using the Services.
2.3 “Documentation” means user manuals and other documentation relating to the Services, which are made available to Customer by 8x8, in the form of recorded documentation on optical or magnetic media, accessible via the Internet or in the form of printed media.
2.4 “Implementation Services” means the services selected by Customer, as indicated on the Service Order, to be provided by 8x8 in connection with the set up and implementation of the Services. Unless otherwise agreed to in a Service Order, as part of the Implementation Services, Customer will receive limited training in the set up and activation of the Services during the hours from 5:00am to 6:00pm PT Monday through Friday.
2.5 “Initial Payment” means the initial payment set forth in the Service Order consisting of activation fees, the fees for Implementation Services, Equipment and shipping charges (if any), the Service Fees for the first month and other related taxes and fees.
2.6 “Login” means each separate, named individual login account within a Customer account.
2.7 “Professional Services” means work 8x8 will perform for Customer as specified in individual statement(s) of work (“Statement(s) of Work” or “SOW(s)”) to be agreed upon by the parties from time to time on t