1. Defnitions used in our Terms and Conditions

"SENATH" means Senath Pty Ltd (ABN 40 125 628 579) registered in Australia.

"Billing Dispute" means a dispute relating to a Charge and/or an invoice issued by SENATH.

"Client" means the person or entity who ordered SENATH services or products.

"Start Date" is the date the service will commence, this is the date captured by our system at the time Client accepting the terms of conditions of the purchase.

“Fees” means the fees specified on the Website as well as those agreed upon in this Service Agreement.

"Website" means webistes operated by SENATH [shop.onesme.com, onesme.com, cloud.onesme.com, www.senathltd.com, blog.senathltd.com, eos.onesme.com, forums.onesme.com, wiki.onesme.com  and not limited to these sites as SENATH may introduce new sites in the future]

"Trail" means non production use of product or products serviced by SENATH.

“Force Majeure Event” means any occurrence or omission outside a party's control and includes:

a) a physical natural disaster including fire, flood, lightning or earthquake;

b) war or other state of armed hostilities (whether war is declared or not), insurrection, riot, civil commotion, act of public enemies, national emergency (whether in fact or in law) or declaration of martial law;

c) epidemic or quarantine restriction;

d) ionising radiation or contamination by radioactivity from any nuclear waste or from combustion of nuclear fuel;

e) confiscation, nationalisation, requisition, expropriation, prohibition, embargo, restraint or damage to property by or under the order of any government agency;

f) law taking effect after the date of this agreement; and

g) strike, lock-out, stoppage, labour dispute or shortage including industrial disputes that are specific to a party or the party's subcontractors.

2. Acceptance

The Client accepts these terms and conditions as well as Privacy & Security and Customer Services Terms.

The Client acknowledges and agrees that they wiil receive emails from SENATH regarding their services, company updates and other speical and promotional offers.

3. Term

The Client agrees to pay the stated amount of the Cloud product unless otherwise stated in the product or service offering. In the event product subscriptions are longer than a month, month to month services is automatically renewed each month in perpertuity subject to written cancellation by the client.

4. Cloud Product Use

SENATH reserves the right to refue service and/or access to its Cloud Products to anyone.

SENATH does not allow any of the following content to be stored or accessed on its Cloud Products or within customer owned equipment connected to SENATH's or its 3rd parties network:
Illegal material, including copyrighted works, commercial audio, video, or music files, and any material of any type in violation of any Federal, State or Local law or regulation anywhere in the world.Adult material, including pornography, erotic images, or otherwise lewd or obscene content of any type. What constitutes "adult material" is entirely at the discretion of SENATH.

Bit Torrents.Warez, including pirated software, ROMS, emulators, phreaking, hacking, password cracking. IP spoofing, etc., and encrypting of any of the above.

Also includes any sites which provide "links to" or "how to" information about such material.You will comply, and will ensure that each of Your End Users complies, with the Acceptable Use Policy.

You confirm that You have read and understood the Acceptable Use Policy prior to signing this Agreement.

You acknowledge that SENATH may at any time amend the Acceptable Use Policy or cancel the Acceptable Use Policy and introduce a replacement Acceptable Use Policy and such amendment, cancellation or replacement shall be binding on You on and from the date that it is published on the SENATH web site.

5. Charges

The charges payable by you for the Services are payable in accordance with this clause 5 and as set out as in the relevant Specific Schedule(s), Order for Service or as otherwise agreed in writing between the parties from time to time

Cloud Product Fixed charges:

These charges are clearly set-out in when the products are purchased. These charges are billed monthly for on-going subcriptions.

Cloud Product Variable charges:

While SENATH Cloud Products are capped in terms of CPU, RAM, Storage, and Traffic in the event client requires auto scaling of systems SENATH allow clients to exceed the cap limit provided the client agrees to pay the additional charges over an above the cap limits at the time the product is purchased.

6. Limitation of Liability

SENATH shall not be liable to the Client for harm caused by or related to Client's Service or inability to utilise the Service unless caused by gross negligence or wilful misconduct.

SENATH shall not be liable to the Client for lost profits, direct or indirect, special or incidental, consequential or punitive, or damages of any kind whether or not they were known or should have been known.

Notwithstanding anything else in this agreement, the maximum aggregate liability of SENATH, any of its employees, agents or affiliates, under any theory of law shall not exceed a payment in excess of the amount paid by the Client for the Service in question for the six months prior to the occurrence of the event(s) giving rise to the claim.

7. Suspension and Termination of Services

SENATH may suspend/disable or terminate services if:

a. The Client is found to be in breach of these terms and condtions;

b. The Client is found to be in breach of the acceptable use policy;

c. The Client has become insolvent or bankrupt;

d. The Client had outstanding fees that are more than seve (7) days pas the due date;

From time to time SENATH may required to suspend or disconnect services without notice, or deny access to services during a techical failure, modification or maintenace.

SENATH may decide at its sole discretion to advise a Client that their service will be termindated by giving thirty (30) day written notice. In this circumstance, SENATH will refund any pre-paid fees for the Service on the account.

If a Client closes the account for any reason the Client must play any outstanding fees.

If an account is termination or suspended by SENATH under any of the above a-d condtions, SENATH is under no obligation to provide Client with a copy of the data held on the Cloud product.

8. Cancellation

The Client can request cancellation of any Services with us for any reason by submitting a secure cancellation request.

Any pre-paid fees for Services past the current billing month will be refunded, except the Services that are not eligible for a refund.

The Client agrees to pay any and all outstanding fees upon cancellation of their Services.Cancellation requests must be received by SENATH four (7) days before the package renewal date.

If cancellation is not received before this time, package renewal costs generated for the next period of time will remain outstanding.

9. Data Management

If SENATH is not managing the Cloud product's data for the client; the Client should always maintain a recent copy of all data at all times, as SENATH will not be liable for incomplete, out of date, corrupt or otherwise incomplete data.

If SENATH manages the Cloud product's data for the client; SENATH will ensure that the data will remain recent with the exception of events under "Force Majeure Event"

10. Changes

SENATH may update these terms and conditions from time to time. Should any change occur, SENATH will advise the client via email (14) days prior to the changes are enfored.

11. Entire Agreement

These terms and conditions constitute the entire agreement between SENATH and the Client, and it supersedes all prior oral or written agreements, understandings and representations.

12. Governing Law

The Client agrees to abide by all local, state and federal laws pursuant to the Services delivered by SENATH in Australia.

The Client agrees that these terms and conditions are governed by the laws of Queensland, Australia for Australian customers.

13. General Obligations

During the term of the service from SENATH you will:

Provide and maintain security of your own network, pc, or her connected devices that connects to our network or our service providers network;

You will not share your account access details with anyone else;

You will use Cloud Products as per the Acceptable Use Policy.

14. Fault/Defects Reporting

Procedures:During the Term You must report any faults in relation to the Services in writing to SENATH.

You acknowledge and agree that SENATH will only respond to faults reported in accordance with these procedures.

SENATH reserves the right to charge You at our then commercial rates for fault restoration services if SENATH responds to a request from You and SENATH is able to demonstrate that:the failure to provide the Service to You or in respect of any End User was not due to a matter for which SENATH is responsible; andthe fact that SENATH is not responsible for that matter would have been disclosed upon reasonable investigation by You.

Fault Restoration Exclusions: SENATH’s fault restoration obligations do not extend to faults caused as a result of:any fault in equipment, software or any network unit which does not form part of the network owned by SENATH or any of our Related Bodies Corporate;damage due to causes external to the facilities used by SENATH to provide the Service;interference;Force Majeure; orplanned outages.

15. CompliancePrivacy Obligations:

You must comply with Your obligations under the Privacy Act.

Without limitation, You must ensure that all personal information of End Users is handled in accordance with the Privacy Act.

You shall also comply with any reasonable direction of SENATH with respect to the collection, use, disclosure, storage and disposal of personal information.

Compliance:Each party shall comply with all relevant local, State and Commonwealth laws and regulations and any registered industry based codes of practice.Each party shall comply with the provisions of the Telecommunications Act and the Interception Act.

Each party must provide the assistance the other party reasonably requires to comply with relevant local, State and Commonwealth laws and regulations and any registered industry based codes of practice.