Contract Policy

The following presents QberaTek Cloud Group, Inc. (QberaTek) standard Terms and Conditions of Offer and if accepted by the Customer, constitutes the Terms and Conditions of a binding agreement between the Customer and QberaTek. When used in these Terms and Conditions, “You” means the individual entering into this agreement (when entering into this agreement on behalf of yourself) or the entity entering into this agreement (when entering into this agreement as an authorized representative on behalf of such entity).

The terms and conditions are applicable in full as of the date of signature of the order or by clicking the “I ACCEPT” box on the order portal.

1. Overview

The purpose of this Service Level Policy is to set forth the service levels at which QberaTek is to provide certain Services to Customer. Customer agrees that the remedies set out herein are the sole and exclusive remedy for QberaTek' failure to meet a Service Level Guarantee. This Service Levels Policy applies only while Customer accounts are in good standing.

2. Definitions

“Service Level Agreement” or “SLA” means, with respect to a specific Service, a level of performance at which QberaTek is contractually obligated to deliver the Service to Customer and which, depending on the specific Service ordered, is established with reference to one or more of the following metrics:

Hypervisor SLA
Storage SLA
Network Services SLA

3. Hypervisor SLA

SLA for Hypervisor Uptime is 99.9%.

This SLA applies to the availability of the actual hypervisor, QberaTek vRun CPE software QberaTek and management portal (Global Management Console) to Customer. The Customer remains solely responsible for Virtual Machine OS (Guest OS) and all applications running inside a Virtual Machine. Any Service interruption that results from a hypervisor, QberaTek vRun CPE QberaTek Global Management Consoledowntime and lasts 44 minutes in any calendar month is a ‘Hypervisor Event’ constituting a failure to achieve this Hypervisor SLA. Calculations based on an average of 730 hours per month.

4. Storage SLA

SLA for Storage Uptime is 99.9%.

This SLA applies to the availability of data and boot volumes stored in the QberaTek Shared Storage Cluster. Any Service interruption that results from Storage Cluster Unavailability and lasts 44 minutes in any calendar month is a ‘Storage Event’ constituting a failure to achieve this Storage SLA. Calculations based on an average of 730 hours per month.

5. Network Services SLA

QberaTek guarantees that within each calendar month, there shall not be a sustained packet loss of greater than 25% for more than 40 minutes. Any Service interruption that results from a packet loss greater than 25% for more than 40 minutes in any calendar month is a ‘Network Event’ constituting a failure to achieve this Network Services SLA. SLA for Network Services is measured via bit rates that are sampled at the IP level every five minutes during the billing period. Samples are taken at one IP Address per server. Verification occurs one minute after an initial alarm.

6. Credit Requests

Within 10 business days of the end of the month in which the customer issues a Credit request concerning a Hypervisor, Storage or Network Event, Customer shall be entitled to request a reduction of 10% of the monthly recurring fee payable for Services for each such Event that occurred in a given month. Upon receipt of Customer’s request for such credit, QberaTek shall apply such credit against any amounts payable by the Customer under the Customer Agreement in respect of the Services delivered by QberaTek in respect of the following calendar month. Any credits to which Customer is entitled resulting from QberaTek' failure to meet its SLA in the last calendar month during the term of the Customer Contract shall be paid out to Customer by QberaTek within 30 Business Days of the last day of the Term.

7. SLA Exclusions

The following periods of time represent exclusions from the SLA:

Periods of scheduled and emergency maintenance:
- Standard Maintenance Windows are Sunday and Wednesday 1:00 am -‐ 5:00 am local data center time.
- Emergency Maintenance: QberaTek reserves the right to schedule Emergency Maintenance when deemed necessary in its sole discretion.
Periods of downtime due to the Customer directed and requested work.
Individual server or network component outages that do not impact the overall availability of the Service due to redundancy in the design.
Evaluation or approval of new software or hardware for use within QberaTek Partner data center. This includes systems development outside of QberaTek such as third-‐party systems or systems developed by the Customer.
An outage that is due to a DOS (Denial of Service) attack, worm or virus infection or acts of God.
An outage that is due to Customer application errors or due to instructions by the Customer.

The above listing of exclusions is for illustrative purposes only and is not, therefore, an exhaustive or complete list. QberaTek will investigate any report it may receive from Customer with respect to any Hypervisor Event, Network Event, or Storage Event and will use reasonable commercial efforts to remedy any Hypervisor Event, Network Event, or Storage Event for which it is responsible under this Service Levels Agreement. If QberaTek acting reasonably determines that the Hypervisor Event, Network Event, or Storage Event has been caused by factors outside the scope of its obligations under this Service Levels Policy, QberaTek shall be relieved of its obligations with respect to issuing credits hereunder and shall notify Customer of its determination.

1. Overview

The Acceptable Use Policy sets forth the principles, rules, and regulations that govern the use by the Customer of QberaTek networks, systems, services, and products. This Acceptable Use Policy has been established to promote the integrity, security, reliability, and privacy of QberaTek' networks, systems, and Customer data contained within.

When using QberaTek' networks, systems, products, and services the Customer is prohibited from engaging in certain activities that include, but are not limited to, those described below. Such prohibited activities may, at the sole discretion of QberaTek, be grounds for termination of Agreement with a Customer, for the application of additional service charges or for the involvement of law enforcement agencies. QberaTek reserves the right to remove any content or restrict the use of the Services for activities or content that in QberaTek reasonable judgment, violate the terms or conditions under which QberaTek provides the Services or violate this Policy.

Indirect or attempted violations of the policy and actual or attempted violations by a third party on behalf of an QberaTek Customer or a Customer’s end-user shall be considered violations of the policy by such Customer.

QberaTek reserves the right to change the Policy by delivering notice of its decision to change the Policy to the Customer at least 15 days prior to the changes taking effect. If you have any questions about this Policy, please contact QberaTek at echo@qberatek.com.

2. Prohibited Uses of QberaTek’ Services and Products

This section of the Acceptable Use Policy identifies the uses and actions that QberaTek considers in its reasonable judgment to be unacceptable and/or abusive, and thus, is strictly prohibited. The Customer may only use QberaTek’ networks, systems, services and products in a manner that, in QberaTek’ sole judgment, is consistent with the purposes of such networks, systems, services and products. The following examples of prohibited uses and actions are non-exclusive and are provided for general guidance only.

Violate any law of any applicable jurisdiction, including, without limitation, laws governing advertising, alcohol, antitrust, child protection, drugs, encryption, exportation, food, financial services, firearms, gambling, importation, information systems, intellectual property, obscenity, privacy, securities, telecommunications and tobacco;
To commit a tortuous or otherwise wrongful act, including, without limitation, the communication of libelous, defamatory, scandalous, threatening, harassing, or private information without the permission of the person(s) involved, or posting content that is likely to cause emotional distress, whether through content, frequency, or size;
To engage in or to facilitate gambling activities;
To post, send, or receive any content that is obscene, pornographic, lewd, lascivious, or excessively violent;
To offer, solicit, sell, buy, rent, or license any goods, products, services, or information in, from, or to any location in which such activity is unlawful;
To advocate, promote, or otherwise encourage violence against any government, organization, group, individual or property, or to provide instruction, information, or assistance in causing or carrying out such violence;
To post, send, receive, display, distribute, or execute any content, including, without limitation, text, graphics, images, music, recordings, computer programs, links, frames, and “meta tags,” that violates any copyright, right of publicity, patent, trademark, service mark, trade name, mask work, trade secret or other intellectual property right of others;
To delete or alter author attributions, copyright notices, or trademark notices, unless expressly permitted in writing by the owner;
To violate the terms of applicable software licensing agreements;
Obtain or attempt to obtain unauthorized access, such as attempting to circumvent or circumventing any authentication or other security feature of any system, network, or account. This includes accessing data not intended for the user, logging into a server or account the user is not authorized to access, or probing the security of any system, network, or account;
Interfere or attempt to interfere with service to any user, host, or network by use of any program, script, command, or otherwise. This includes “denial of service” attacks, “flooding” of networks, deliberate attempts to overload a service or to burden excessively a service’s resources, and attempts to “crash” a host;
To introduce worms, harmful code and/or Trojan horses;
To attempt to circumvent the approval process for posting to a moderated newsgroup or the bull board or to attempt to evade spam filters;
To cancel or supersede posts other than your own, with the exception of official newsgroup or bulletin board moderators performing their duties;
To send or post unsolicited messages or e-‐mail, whether commercial or not, a) to any recipients who have requested that messages not be sent to them, or b) to a large number of recipients, including users, newsgroups, or bulletin boards, at one time;
To send or post a message whose subject or content is unrelated to the subject matter of the newsgroup or bulletin board to which it is posted;
To send or post a message or email with deceptive, absent, or forged header or sender identification information;
To propagate chain letters and pyramid schemes, whether or not the recipient wishes to receive such mailings;
To use Internet Relay Chat “bots”;
To hold QberaTek, its affiliates, officers, employees and/or shareholders up to public scorn or ridicule

QberaTek carries out a strict Business-to-Business policy and avoids calling Consumers during its calling/marketing campaigns. In the unlikely event of a consumer being part of the QberaTek calling/marketing campaigns, QberaTek fully respects the wishes of those consumers and prospective consumers who do not want to receive telephone solicitation calls from QberaTek in their homes.

It is QberaTek's policy not to make a telephone solicitation call to:

Any person who has requested that QberaTek not makes such calls to the person’s residence; or
Any person who has put his or her telephone number on a national or state Do Not Call registry, except as otherwise permitted by law.

A “telephone solicitation call” means any call that is made for the purpose of encouraging the purchase of products and services from QberaTek.

QberaTek maintains a list containing the telephone numbers and names of those persons who have requested QberaTek not to receive telephone solicitation calls from QberaTek.

Anyone may be placed on QberaTek's Do Not Call list by emailing QberaTek at echo@qberatek.com The request must provide the 10-‐digit residential telephone number that is not to be called and the person’s name. Once a request has been made, QberaTek will add the telephone number and name to its Do Not Call list within thirty (30) days. QberaTek will maintain the telephone number and name on its Do Not Call list for five (5) years unless a request is made by the person to have the number removed. If a person’s telephone number changes, another request must be submitted to have the new number added to the QberaTek Do Not Call list.

QberaTek intends to comply with all federal and state Do Not Call laws. QberaTek will answer any questions regarding its Do Not Call Policy when sent to echo@qberatek.com

These End User License Terms (these “License Terms”) are between you (both the individual installing the Software and any other person or entity on behalf of which such individual is acting) (“Customer”) and QberaTek Cloud Group, Inc. (QberaTek).

THE SOFTWARE THE CUSTOMER SEEKS TO INSTALL IS LICENSED SUBJECT TO THE CONDITION THAT THE CUSTOMER ACCEPTS TO BE BOUND BY ALL TERMS AND CONDITIONS OF THE LICENSE TERMS. PLEASE CAREFULLY READ THE LICENSE TERMS. IF CUSTOMER DOES NOT AGREE TO THESE LICENSE TERMS, CUSTOMER SHOULD NOT ATTEMPT OR COMMENCE INSTALLATION OF THE SOFTWARE. DURING INSTALLATION, CUSTOMER WILL BE PROMPTED TO EXPRESSLY AGREE TO THE LICENSE TERMS BY CLICKING ON AN “I ACCEPT” BOX. IF SO ACCEPTED, THE SOFTWARE WILL AUTOMATICALLY BE DOWNLOADED. IF THE CUSTOMER DOES NOT AGREE TO THE LICENSE TERMS BY CLICKING THE “I ACCEPT” BOX, INSTALLATION OF THE SOFTWARE WILL AUTOMATICALLY BE ABORTED.

1. Definitions

1.1 "Documentation" shall mean all of QberaTek's user manuals, operating instructions, installation guides and other documents relating to the Software, as generally made available from time to time by QberaTek to the Customers;
1.2 "Software" shall mean the software components necessary or useful for the use of any software used and licensed by QberaTek to Customer under these License Terms, which may include associated software components, media, printed materials and online or electronic documentation;

2. License and Restrictions

2.1 Subject to the terms and conditions of these License Terms, QberaTek hereby grants to Customer, during the term of the License a license to use, install and operate the Software (incl. Documentation) on computers running a validly licensed copy of the operating system for which the Software was designed.
2.2 The License does not include the right to sublicense or transfer the Customer’s user rights in the Software or the Documentation to any third party by means of sale, lease, loan, rent, license or otherwise. The Customer is not entitled to resell or distribute the Software or the Documentation. The Customer may not reverse engineer, decompile, or disassemble the Software.
2.3 Except for the express License granted to Customer under clause 2.1 of these License Terms, all right, title and interest (including all patent, copyright, trademark, trade secret, and other intellectual property and proprietary rights) in and to the Software and Documentation (including all copies thereof) shall remain exclusively in and with QberaTek and/or its licensors, who reserve all rights not expressly granted to Customer. Nothing in these License Terms shall limit in any way QberaTek's right to develop, use, license, create derivative works of, or otherwise exploit the Software or the Documentation, or to permit third parties to do so.
2.4 The Customer shall reproduce and include all, and shall not remove, alter or obscure any, copyright, trademark and other proprietary notices in and on any copies of the Software and Documentation.

3. Usage Limitations and Restrictions

3.1 Customer expressly acknowledges and agrees that only Customer, and not QberaTek, is responsible for verifying whether the applicable laws and regulations of the country where Customer intends to install and use the Software and Documentation, allows the installation and/or use of the Software and Documentation, and for obtaining all necessary permits, licenses and authorizations required to be able to so install and use the Software and Documentation. The Customer will at all times comply with any and all applicable laws and regulations, including federal, state, local and international laws (“Applicable Law”) which may apply to the Software and Documentation and the installation and use there of by the Customer
3.2 The Customer will not use the Software or Documentation except as expressly permitted under clause 2.1 of these License Terms.
3.3 The Customer may not disclose or publish performance benchmark results for the Software without the prior written approval of QberaTek.

4. Obligations of Customer

4.1 The Customer agrees to follow the operating procedures published by QberaTek including, but not limited to, procedures for routine maintenance of the Software.
4.2 The Customer shall implement, and is solely responsible for implementing, procedures for the protection of data and other information in the event of errors or malfunctions of the Software or hardware on which the Software is used.
4.3 The Customer shall properly train its staff in the use and application of the Software and any hardware on which the Software is used or installed.

5. No Warranty

5.1 QberaTek EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SOFTWARE. THE SOFTWARE PROVIDED ‘AS IS’ WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS OF A PARTICULAR PURPOSE. QberaTek DOES NOT WARRANT OR ASSUME RESPONSIBILITY FOR THE ACCURACY OR COMPLETENESS OF ANY INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN THE SOFTWARE. QberaTek MAKES NOW WARRANTIES RESPECTING ANY HARM THAT MAY BE CAUSED BY THE TRANSMISSION OF A COMPUTER VIRUS, WORM, TIME BOMB, LOGIC BOMB, OR OTHER SUCH COMPUTER PROGRAM. QberaTek FURTHER EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION TO AUTHORIZED USERS OR TO ANY THIRD PARTY.

6. Limitation of Liability

6.1 IN NO EVENT SHALL QberaTek BE LIABLE TO CUSTOMER OR ANY THIRD PARTY UNDER ANY THEORY OF LIABILITY FOR LOST PROFITS AND/OR ANY OTHER INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES, HOWEVER CAUSED, INCLUDING, WITHOUT LIMITATION, (I) LOSS OF REVENUE, BUSINESS OR USE; (II) LOSS OF ANTICIPATED SAVINGS; (III) LOSS OF ACTUAL OR ANTICIPATED BUSINESS AND/OR GOODS; (IV) LOSS OF GOODWILL; (V) LOSS AND/OR CORRUPTION OF DATA AND/OR OTHER INFORMATION, (VI) LOSS AS A RESULT OF THIRD PARTY CLAIMS; (VII) THE COST OF PROCURING REPLACEMENT GOODS AND/OR SERVICES. FOR THE AVOIDANCE OF DOUBT, THE TYPES OF LOSS AND/OR DAMAGE SPECIFIED IN (I) THROUGH (VII) SHALL NOT CONSTITUTE DIRECT LOSSES FOR THE PURPOSES OF THESE LICENSE TERMS. THE FOREGOING LIMITATION WILL APPLY EVEN IF QberaTek HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES ARE FORESEEABLE.
6.2 NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, AND TO THE FULLEST EXTENT ALLOWED UNDER APPLICABLE LAW, QberaTek's AGGREGATE LIABILITY TO CUSTOMER FOR CLAIMS ARISING FROM THE SOFTWARE, THE DOCUMENTATION OR THESE LICENSE TERMS, WHETHER FOR BREACH, INFRINGEMENT, INTORT, INDEMNIFICATION OR OTHERWISE, SHALL BE LIMITED TO "5,000.00 USD".
6.3 For the avoidance of doubt, QberaTek shall have no liability or responsibility for problems in the Software, Documentation or other deliverables caused by misuse or the malfunction of the network or any third party software, hardware or equipment or any other cause not attributable to QberaTek.
6.4 The parties acknowledge that the limitations of liability in clauses 6.1 and 6.2 and in the other provisions of these License Terms and the allocation of risk herein are an essential element of the bargain between the parties, without which QberaTek would not have entered into this Agreement. QberaTek pricing reflects this allocation of risk and the limitations of liability specified herein.

7. Term and Termination

7.1 The term of these License Terms commences on the earlier of (i) the date of shipment of the Software to the Customer or (ii) the date on which the Software is delivered to Customer or otherwise made available to the Customer for download, and will remain effective unless and until earlier terminated by either party in accordance with this clause 7.
7.2 The Customer may terminate these License Terms at any time for convenience by providing written notice of its election to terminate to QberaTek.
7.3 Without prejudice to either party's other rights accorded to it by these License Terms or by law, either party can terminate these License Terms with immediate effect by written notice to the other party, if any of the following events occur: (i) the other party breaches these License Terms and fails to cure such breach within thirty (30) days of the receipt of written notice of such breach from the non-‐breaching party; (ii) the other party breaches these License Terms, and such breach is not curable (a breach of the License terms by the Customer shall be deemed a breach which is not curable); (iii) the other party makes a general assignment for the benefit of creditors, files a voluntary petition of bankruptcy, becomes subject to any proceedings under any bankruptcy or insolvency law (whether domestic or foreign), has wound up or liquidated, voluntarily or otherwise; (iv) the other party becomes insolvent or ceases or threatens to cease to carry on its business in the normal course; (v) the other party suffers or permits the appointment of a receiver for its business or assets; or (vi) any other event analogous to those listed under (iii) through (v) occurs in the jurisdiction applicable to the party affected. The affected party shall promptly notify the other party in the event of the occurrence of any of the foregoing instances as per (iii) through (v).
7.4 If the term of these License Terms expires or is terminated for any reason whatsoever, the License shall automatically terminate and Customer shall: (i) immediately cease using the Software and the Documentation; (ii) have a Customer senior officer certify to QberaTek within thirty (30) days after the effective date of termination that Customer has permanently deleted, destroyed, or, at QberaTek’ option, has returned to QberaTek, the Software and the Documentation and all copies thereof. Neither party shall be liable to the other for damages of any kind solely as a result of terminating these License Terms in accordance with this clause 7. Either party’s termination of this Agreement shall be without prejudice to any other right or remedy that it may have at law or in equity, and shall not relieve either party of breaches occurring prior to the effective date of such termination.

8. Miscellaneous terms

8.1 Compliance with Law. The Customer will comply with all Applicable Law in its use of the Software and Documentation, including all export laws and regulations.
8.2 Waiver. The failure by either party to insist upon strict enforcement of any terms and conditions of these License Terms shall not be valid unless such party waives its rights in writing, and such failure shall not be construed as a waiver or relinquishment of the right to assert or rely upon any such terms on any future occasion.
8.3 Severability. If any part of these License Terms is found by a court of competent jurisdiction or other competent authority to be invalid, unlawful or unenforceable then such part will be severed from the remainder of these License Terms, which will continue to be valid and enforceable to the fullest extent permitted by applicable law. The invalid or unenforceable part or provision shall be replaced with a provision which accomplishes, to the extent possible, the original business purpose of such part or provision in a valid and enforceable manner.
8.4 References. Customer agrees that QberaTek may use Customer's name and logo in press releases, product brochures, financial reports and other promotional materials in any media indicating that Customer is a customer and end user of QberaTek.
8.5 Governing Law, Jurisdiction. These License Terms shall be governed by, and construed in accordance with, the laws of Michigan. The parties agree that the U.N Convention on Contracts for the International Sale of Goods shall not govern the terms, interpretation or enforcement of this Agreement. Any action or proceeding arising out of or related to this Agreement shall be resolved via binding arbitration. The parties hereby consent to such jurisdiction and venue.
8.6 English Language.These License Terms is in the English language only, which language shall be controlling in all respects, and all versions hereof in any other language shall be for accommodation only and shall not be binding upon the parties. All communications and notices to be made or given pursuant to this Agreement shall be in the English language.

Contract Policy

Contract Policy

1. Overview

2. Definitions

3. Hypervisor SLA

4. Storage SLA

5. Network Services SLA

6. Credit Requests

7. SLA Exclusions

1. Overview

2. Prohibited Uses of QberaTek’ Services and Products

1. Definitions

2. License and Restrictions

3. Usage Limitations and Restrictions

4. Obligations of Customer

5. No Warranty

6. Limitation of Liability

7. Term and Termination

8. Miscellaneous terms

Want to start on your services? Here is where you can get started.
Ready, Get set, Go!

About Us

Contract Policy

1. Overview

2. Definitions

3. Hypervisor SLA

4. Storage SLA

5. Network Services SLA

6. Credit Requests

7. SLA Exclusions

1. Overview

2. Prohibited Uses of QberaTek’ Services and Products

1. Definitions

2. License and Restrictions

3. Usage Limitations and Restrictions

4. Obligations of Customer

5. No Warranty

6. Limitation of Liability

7. Term and Termination

8. Miscellaneous terms

Want to start on your services? Here is where you can get started. Ready, Get set, Go!

Want to start on your services? Here is where you can get started.
Ready, Get set, Go!