Terms of Service


easySysAdmin is a trading name of Voisonics, registered in New South Wales, Australia.

By using the easySysAdmin service, you agree to be bound by easySysAdmin's Terms & Conditions set out below.

In the following terms and conditions, the words 'easySysAdmin', 'we', and 'our', are used to refer to the easySysAdmin Service, the trading name of Voisonics.

In the following terms and conditions, the words 'Customer', 'User', 'you', and 'your' are used to refer to you who accepts this agreement, or the organisation for which you are legally acting as a representative.

INTRODUCTION

easySysAdmin is an internet service which utilises client-side software installed your computer(s) (known as the "client"), your internet connection, the internet, and our server(s) to monitor aspects of your computer(s) and provide notification of certain information. Information is grouped into "Sections", and each "Section" is separately licenced for each of your clients. For detailed information about the service please visit www.easysysadmin.com.

AVAILABILITY

easySysAdmin only warrants that the service will be available to you and your client(s) where the aspects of the service have a valid, paid for, and non expired licence. This does not include any free trial period, for which there is no guarantee.
So far as is practicable the Service will be available on a 24 hour 7 day basis; it is however technically impossible to provide a fault-free Service, and the Service is provided "as is" and will be subject to outages for scheduled maintenance. We will provide advance notice of scheduled outages.
No refund will be offered for unscheduled outages of 12 hours or less. Where an unscheduled outage lasts longer than 12 hours you may apply to receive a refund of the proportion of the licence paid for the outage period. This forms the complete limitation of our liability for any interruption of service.

BILLING

After any free trial period ends, the service requires you to pre-pay a licence fee for each section of the service per client. It is your responsibility to ensure that licences are renewed before they expire, otherwise you may experience loss of service.
easySysAdmin uses external services to process payments. Such services are not under our control and we do not offer any warranty once you leave our website. We will endeavour to grant clients access within 24 hours of payment being received. It is your responsibility to notify us if payment does not result in the service being available.

CANCELLATION

In the event that you wish to cease use of the service, easySysAdmin does not offer any refund for unused licences, or allow you to transfer a licence from one client to another. It is permitted to replace a client with a new client and thus keep the licence paid for, as long as this change is done on the client side only. Deletion of a client's definition in the web portal (known as a "Server" on the relevant page) will result in loss of the client's licence.
easySysAdmin may suspend and / or disconnect your Services at its discretion. We will normally inform you before we suspend or terminate your access to the Service. If service is suspended or disconnected for breach of this agreement no refund will be provided, otherwise we will refund the unused proportion of the licence paid. No other compensation will be offered.
easySysAdmin has the right to close/block easySysAdmin accounts that we suspect to be fraudulent and proof of identification may be requested to verify users.
Any accounts which have not been used for 6 months or more may be suspended or deleted by easySysAdmin. We will normally inform you before we suspend or terminate your access to the Service. Once an account is deleted it will not be possible to recover any data.

CLIENT SOFTWARE

By downloading the client software you are granted a non exclusive, non transferable licence to install the software on any of your computers so long as those computers correspond to a client Server as defined in the service web portal and which has a valid licence. You agree to not make any changes to the code, or interfere with its operation, or attempt to use it in a way other than intended by easySysAdmin. The client software is designed to impact as little as possible upon your computers, however it is inevitable that some resources will be required. You should monitor the client and investigate or stop the client where it appears to degrade other services on the computer. While care has been taken in the development of the service and client software it may contain bugs or be exploitable by malicious entities, and you should restrict access to the software, computer, and network to the maximum possible extent. The user MUST ensure that the client manager process's network port (TCP 11979 by default) is firewalled so that no device other than localhost may access it.
It will be necessary from time to time for you to upgrade your client software to remain compatible with the service. We will provide notification of such upgrade requiredments and the date by which such action must be taken. Client software which is not compatible after this date may be unable to access the service and we accept no liabiity for such loss of service.

CONFIGURATION

The service is only capable of performing in accordance with the client configuration as defined by you. It is your responsibility to ensure all configurations operate successfully and without error or omission. easySysAdmin cannot predict all client environments or types of problems or attacks that you may be subject to, and we make no guarantee as to the fitness of any configuration or part of easySysAdmin for a particular purpose.

DISPUTE RESOLUTION

If you have a problem with our service please contact us and we will do our best to find a satisfactory solution.
This agreement is made under the laws and jurisdiction of New South Wales, Australia.

FORCE MAJEURE

Neither party shall be liable for any failure to meet this agreement if such failure arises by any reason beyond its reasonable control, provided that the such party inform the other within reasonable time of the failure and its reason.

FAIR USE POLICY

You agree to use the service in a manner that does not cause undue disruption to other users of the service. Customers who place a heavy load upon the service may be blocked, disconnected or deleted.

LIABILITY

WE SHALL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE WHATSOEVER OR HOWSOEVER CAUSED ARISING DIRECTLY OR INDIRECTLY IN CONNECTION WITH THIS AGREEMENT, EXCEPT TO THE EXTENT THAT SUCH LIABILITY MAY NOT BE LAWFULLY EXCLUDED.
NOTWITHSTANDING THE GENERALITY OF THE ABOVE, WE EXPRESSLY EXCLUDE LIABILITY FOR CONSEQUENTIAL LOSS OR DAMAGE WHICH MAY ARISE OR FOR LOSS OF PROFIT, BUSINESS, REVENUE, GOODWILL OR ANTICIPATED SAVINGS.
IN THE EVENT OF DISRUPTION OF A SERVICE WHICH easySysAdmin HAS ITSELF ENGAGED FROM A THIRD PARTY, easySysAdmin's LIABILITY IS LIMITED TO EITHER (AT OUR OPTION) RESOLVING THE DISRUPTION OR MAKING ALTERNATIVE ARRANGEMENTS AS QUICKLY AS REASONABLY POSSIBLE.
WE SHALL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE WHATSOEVER OR HOWSOEVER CAUSED ARISING FROM ANY MISREPRESENTATION, WHETHER INNOCENT OR NEGLIGENT, EXCEPT TO THE EXTENT THAT SUCH LIABILITY MAY NOT BE LAWFULLY EXCLUDED OR LIMITED.
IN THE EVENT THAT ANY EXCLUSION OR OTHER PROVISION CONTAINED IN THIS AGREEMENT BE HELD TO BE INVALID FOR ANY REASON AND WE BECOME LIABLE FOR LOSS OR DAMAGE THAT COULD OTHERWISE HAVE BEEN LIMITED, SUCH LIABILITY SHALL BE LIMITED TO TWICE THE CURRENTLY VALID LICENCE FEES PAID UNDER THIS AGREEMENT.
WE SHALL NOT IN ANY EVENT BE LIABLE FOR ANY CLAIMS UNLESS THEY ARE NOTIFIED TO US IN WRITING WITHIN TWELVE MONTHS OF THE CAUSE OF ACTION OCCURRING.
We do not exclude liability for death or personal injury to the extent only that the same arises as a result of the negligence of us, our employees, agents or authorized representatives.

MODIFICATION OF TERMS

easySysAdmin reserves the right to modify these terms at any time without prior notice. Any modification of these terms will be deemed to be effective from the date and time of posting on the easySysAdmin site. These terms and conditions will apply to your order once you have received your confirmation email. They will supersede any other terms and conditions in whatever form given. Please print and retain a copy of the terms and conditions once you have received your confirmation email.

PRIVACY

easySysAdmin will use the information provided by you, and gathered by the clients you install, to perform the service as advertised, and will not (with the exception of blocked IP addresses) supply that information to any third party except where there is a "need to know" (for example, but without limitation, our payment service provider). Blocked IP addresses are shared between users as part of the easySysAdmin service, and are done in such a way that they cannot be attributed to you.
We may use your information from time to time to determine where services can be improved or new services offered, but this will always be done in a way that anonymises the information so that it is not attributable to you. easySysAdmin does cooperate with authorities and where a legal direction is made that information must be provided we may do so.
In using the service you agree not to access the information of any other Customer, and agree to inform us immediately if any such information is available, and to immediately delete all copies of such information.
It is your responsibility to ensure the security of all your account authentication details, including user names and passwords for all users, and the organisation name and client server keys. If you believe any of these have been compromised you must change them where possible or advise us so we can change them for you, which we will endeavour to do when reasonably practicable.
The foregoing provisions shall not prevent the disclosure or use by either of us of any information which is or hereafter, through no fault of the other, becomes public knowledge, is trivial or obvious, or to the extent permitted by law.

SUPPORT

There is no right to support included in the free trial or paid for licences, and any support is provided at our discretion. Commercial support may be purchased separately, please contact us for a quote.

SURVIVABILITY

If any part of this agreement is determined to be unenforceable or invalid, that part of the agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties of the agreement. The remaining terms and conditions of the agreement will remain in full force and effect.

WARRANTY

This liability section applies only to the extent permitted by law.
User agrees to indemnify, defend and hold easySysAdmin, its affiliates, directors, officers, employees, agents and licensors harmless from and against any and all claims, actions, expenses, losses, and liabilities (including courts costs and reasonable attorneys' fees), arising from or relating to this agreement including user's access to and use of the Service to the maximum extent permitted by applicable law, in no event shall easySysAdmin or any of its licensors, be liable for any indirect, special, punitive, exemplary, or consequential damages, arising out of the access to or use of or inability to access or use the Service, or that result from mistakes, omissions, interruptions, deletions of files, errors, defects, delays in transmission or operation or any failure of performance, even if advised of the possibility of such damages.
It is your responsibility to monitor the performance of the Service in order to satisfy yourself that it is performing in accordance with your expectations. Neither the Software nor the Service are warranted to be fault-tolerant. You acknowledge that software in general cannot be guaranteed to be error-free, and you agree that the existence of errors shall not of itself constitute a breach of this Agreement.
In the event that you discover a material error which substantially affects your use of the same and notify us of the error we shall at our sole option either refund the amount paid for your currently valid licences or use all reasonable endeavours to correct by patch or new release (at our option) that part of the Software which does not so comply.
The part of the easySysAdmin service which performs checking of package security updates is dependant on the information received by email from operating system distribution providers. If the emails are not received, contain errors or omissions, or are in a different format than expected, we may not become aware of some security vulternabilities and will be unable to pass this information on to you. In this circumstance we accept to liability.
To the part the easySysAdmin service which performs port scanning does not scan all possible ports, instead scanning selected commonly used ports. This service is intended to prevent the accidental exposure of common services and is not exhaustive, nor (due to the complexity of computer networks) capable of producing definitive results. It is important that a qualified security expert audits the security of your servers.
To the extent permitted by the applicable law, we disclaim all other warranties with respect to the Software and the Service, either express or implied, including but not limited to any implied warranties of merchantability or fitness for any particular purpose.

IMPORTANT INFORMATION

THIS IS A NETWORK SERVICE AND AS SUCH, IT IS DEPENDENT ON YOUR CONNECTION TO THE DATA NETWORK AND THE DATA NETWORK ITSELF. YOUR SERVICE MAY THEREFORE CEASE TO FUNCTION IF THERE IS A POWER FAILURE OR A FAILURE IN THE UNDERLYING DATA NETWORK. CONFIRMATION BY ACCEPTING THE TERMS OF USE, YOU (HEREINAFTER THE 'USER') ARE STATING THAT YOU AGREE TO ACCEPT AND BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. DO NOT PROCEED IF YOU ARE UNABLE TO AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. THESE TERMS AND CONDITIONS OF SERVICE FOR USE OF easySysAdmin (THE 'AGREEMENT') CONSTITUTE A LEGALLY BINDING CONTRACT BETWEEN easySysAdmin AND THE ENTITY THAT AGREES TO AND ACCEPTS THESE TERMS AND CONDITIONS. ACCESS TO easySysAdmin's SERVICE IS BEING PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS, AND easySysAdmin MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO USER'S ACCESS OF THE SERVICE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, easySysAdmin MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICE WILL BE AVAILABLE AT ANY GIVEN TIME, OR WILL BE FREE FROM ERRORS, DEFECTS, OMISSIONS, INACCURACIES, OR FAILURES OR DELAYS IN DELIVERY OF DATA. USER ASSUMES, AND easySysAdmin DISCLAIM, TOTAL RISK, RESPONSIBILITY, AND LIABILITY FOR USER'S ACCESS TO AND USE OF THE SERVICE.
ACCESS TO easySysAdmin SERVICE BEING PROVIDED ON A NON-EXCLUSIVE BASIS. USER ACKNOWLEDGES AND UNDERSTANDS THAT easySysAdmin SERVICE IS IN A DEVELOPMENTAL STAGE AND THAT easySysAdmin MAKES NO GUARANTEES REGARDING THE AVAILABILITY OR FUNCTIONALITY THEREOF. USER MAY NOT SUBLICENSE ITS ACCESS RIGHTS TO THE SERVICE TO ANY THIRD PARTY.
YOU ACCEPT E-MAIL AS A VALID MEANS OF COMMUNICATION OF ANY AGREEMENT BETWEEN YOU AND easySysAdmin. YOU MUST CHECK THAT THE DETAILS OF PAYMENT EMAILS ARE CORRECT AS SOON AS POSSIBLE AND YOU SHOULD PRINT OUT AND KEEP A COPY FOR YOUR RECORDS. THESE E-MAILS AMOUNT TO AN ACCEPTANCE BY easySysAdmin (OR 3RD PARTY SUPPLIER THAT IS ENGAGED ON YOUR BEHALF BY easySysAdmin) OF YOUR OFFER TO BUY SERVICES FROM easySysAdmin AND THIS ACCEPTANCE IS EFFECTIVE REGARDLESS OF WHETHER OR NOT YOU RECEIVE THE E-MAIL.
easySysAdmin SERVICES ARE FREE TO BE WITHDRAWN FROM A PROSPECTIVE CONTRACT AT ANY TIME PRIOR TO ACCEPTANCE. THIS ALSO APPLIES IN THE CASE OF ANY ERROR OR INACCURACY IN RESPECT OF THE SERVICE, ANY DESCRIPTION APPLIED TO THE GOODS, THE AVAILABILITY OF THE SERVICE OR THE ORDER ITSELF.