Terms of Service

The FilterCloud Email Service is a scanning service that allows The Customer to configure its own policy-based Email filtering strategy.

This Service Description document, with any attachments included by reference, is part of any FilterCloud agreement which incorporates this Service Description by reference (collectively, the "Agreement"), for those Services which are described in this Service Description.

Table of Contents

  • Technical/Business Functionality and Capabilities
    • Service Features
    • The Customer Responsibilities
    • Supported Platforms
  • Service-Specific Terms
    • Assistance and Technical Support
    • Conditions of Service
  • Definitions
  • Service Level Agreement

TECHNICAL/BUSINESS FUNCTIONALITY AND CAPABILITIES

Service Features

  • Access to the Cloud Control Panel(CCP) to manage account information and perform configuration selections.
  • The Customer can build policies upon which incoming and outgoing Email is filtered by the Service.
  • A policy is an instruction set up by The Customer which is used to identify a particular format of message/attachment or content within an Email. The policy will determine the features/functionality applied when that format is present in an Email.
  • The Customer may configure rules on a ‘global’, ‘per domain’ or ‘per individual’ basis.
  • The Service can only scan for content in certain file types which are defined in the administration guide and the online help provided with the Service.

Customer Responsibilities

FilterCloud can only perform the Service in accordance with the Agreement if The Customer provides required information or performs required actions. If The Customer does not perform the following responsibilities, performance of the Service may be impaired or prevented, and/or eligibility for Service Level Agreement benefits may be voided, as noted below.

  • Setup Enablement: The Customer must provide information required for FilterCloud to begin providing the Service.
  • Adequate Customer Personnel: The Customer must provide adequate personnel to assist FilterCloud in delivery of the Service, upon reasonable request by FilterCloud.
  • Customer Configurations vs. Default Settings: The Customer must configure the features of the Service, if applicable, or default settings will apply. For some features, default settings may not exist and no Service will be provided until The Customer chooses a setting.
  • The Customer is responsible for implementing the configuration options for the Service through the CCP.

SERVICE-SPECIFIC TERMS


Contract Terms

The Service continues for the length of the Contract Agreement and on a rolling monthly contract thereafter, unless The Customer cancels as follows:

  • The Customer may opt-out of a rolling monthly contract by providing FilterCloud notice, at least thirty (30) days prior to the end of The Customer’s then-current Term. “Term” means the initial period of service (also sometimes called the minimum period) of any rolling contract period.
  • Such notice of renewal opt-out must be sent to the following address (or replacement address as published by FilterCloud): support@filtercloud.co.uk. A notice of non-renewal takes effect upon the expiration of the then-current Term. Any notice given according to this procedure will be deemed to have been given when received by FilterCloud.

Assistance and Technical Support

The Customer Assistance. FilterCloud will provide the following assistance as part of the Service during regional business hours:

  • Receive and process orders for implementation of the Service
  • Receive and process requests for permitted modifications to Service settings; and
  • Respond to billing and invoicing questions

Technical Support

The following technical support ("Support") is included with the Service.

  • Support available on a twenty-four (24) hours/day by seven (7) days/week basis to resolve reported problems with the Service.

Maintenance

FilterCloud must perform maintenance on the Service Infrastructure in order to provide the Service in accordance with the Agreement. The following applies to maintenance performed for the Service.

  • Planned Maintenance. For Planned Maintenance, FilterCloud will use commercially reasonable efforts to give The Customer seven (7) calendar days’ notification, via email, SMS, or as posted on the FilterCloud website. FilterCloud will use commercially reasonable efforts to perform Planned Maintenance at times when collective Customer activity is low, in the time zone in which the affected Infrastructure is located, and only on part, not all, of the network. If possible, Planned Maintenance will be carried out without affecting the Service. During Planned Maintenance, Service may be diverted to sections of the Infrastructure not undergoing maintenance in order to minimize disruption of the Service.
  • Emergency Maintenance. Where Emergency Maintenance is necessary and is likely to affect the Service, FilterCloud will endeavour to inform the affected parties in advance by posting an alert on the applicable CCP within a commercially reasonable time frame prior to the start of the Emergency Maintenance.
  • Routine Maintenance (CCP). FilterCloud will use commercially reasonable efforts to perform routine maintenance of the CCP at times when collective The Customer activity is low to minimize disruption to the availability of the CCP. The Customer will not receive prior notification for these routine maintenance activities.

Conditions of Service

  • The Service is intended to enable The Customer to implement a valid and enforceable computer use policy, or its equivalent. The Customer shall comply with all applicable laws with respect to use of the Service. In certain countries it may be necessary to obtain the consent of individual personnel. Configuration and use of the Service is entirely in The Customer’s control, therefore, FilterCloud is not liable for The Customer’s use of the Service, nor liable for any civil or criminal liability that may be incurred by The Customer as a result of the operation of the Service.
  • Any templates supplied by FilterCloud are for use solely as a guide to enable The Customer to create its own customised policies and other templates.
  • Suggested word lists and template rules or policies supplied by FilterCloud contain words which may be considered offensive.
  • The Customer may not disclose the results of any benchmark tests or other tests connected with the Service to any third party without FilterCloud’s prior written consent.
  • The Customer agrees that FilterCloud may temporarily suspend Service to The Customer if continued provision of the Service to The Customer would compromise the security of the Service. Such circumstances may include, but are not limited to, hacking attempts, denial of service attacks, mail bombs or other malicious activities either directed at or originating from The Customer’s domains,. In such an event, FilterCloud will promptly inform The Customer and will work with The Customer to resolve such issues. FilterCloud will reinstate the Service upon removal of the security threat.
    • Should a Service be suspended or terminated for any reason whatsoever, FilterCloud may reverse all configuration changes made upon provisioning the Service. If and when the Service is reinstated, it shall be The Customer’s responsibility to undertake all other necessary configuration changes.
  • The Customer will be invoiced for set-up charges, as applicable, when The Customer increases the number of Users, or other incremental use of the Service, at the then-current rates.
  • Registered Usage may only be increased in increments of ten (10) Users.
  • In order to optimize each Service, FilterCloud may, at its discretion and without notice, add, modify or remove features from each Service at any time. FilterCloud may, in its sole discretion and from time to time, establish or amend general operating practices to maximise the operation and availability of the Service and to prevent abuses. For the avoidance of doubt, such changes will not materially degrade the Service. FilterCloud may update these Service Descriptions schedules from time to time to accurately reflect the Service being provided.
  • Except otherwise specified in the Service Description, the Service and any software provided therewith, may use open source and other third party materials that may be subject to a separate license.

DEFINITIONS

Capitalised terms used in this Service Description and not otherwise defined in this document shall have the meaning given below:

"Administrator" means a The Customer User with authorisation to manage the Service on behalf of The Customer. Administrators may have the ability to manage all or part of a Service as designated by The Customer.

"Cluster Group (GRP)" means two (2) or more FilterCloud load-balanced servers designated to provide Email Security Services to The Customer;

"Credit Request" means the notification which The Customer must submit to FilterCloud by Email to support@filtercloud.co.uk with the subject line “Credit Request” (unless otherwise notified by FilterCloud).

"Email" means any inbound or outbound SMTP message passing through a Service.

"Emergency Maintenance" means unscheduled maintenance periods which during which Service may be disrupted or prevented due to non-availability of the Service Infrastructure.

"Infrastructure" means any FilterCloud or licensor technology and intellectual property used to provide the Services.

"Monthly Charge" means the monthly charge for the affected Service(s) as defined in the Agreement.

"Planned Maintenance" means scheduled maintenance periods which during which Service may be disrupted or prevented due to non-availability of the Service Infrastructure.

"Service Credit" means the amount of money that will be credited to The Customer’s next invoice after submission of a Credit Request and validation by FilterCloud that a credit is due to The Customer.

"User" means an individual person and/or device authorized to use and/or benefits from the use of the Service, or that actually uses any portion of the Service, including all mailboxes that send and/or Receive Email.

SERVICE LEVEL AGREEMENT


General

  • If The Customer believes it is entitled to a remedy in accordance with this Service Level Agreement, The Customer must submit a Credit Request within ten (10) business days of the end of the calendar month in which the suspected breach of the service level occurred. The Customer recognizes that logs are only kept for a limited number of calendar days and therefore any Credit Request submitted outside of the provided timeframe will be deemed invalid.
  • All Credit Requests will be subject to verification by FilterCloud in accordance with the applicable provisions of this Service Level Agreement.
  • This Service Level Agreement will not operate: (i) during periods of Planned Maintenance or Emergency Maintenance, periods of non-availability due to force majeure or acts or omissions of either The Customer or a third party; (ii) during any period of suspension of service by FilterCloud in accordance with the terms of the Agreement or (iii) where The Customer is in breach of the Agreement (including without limitation if The Customer has any overdue invoices); or (iv) The Customer has not configured the Service in accordance with the Agreement.
  • The remedies set out in this Service Level Agreement shall be The Customer’s sole and exclusive remedy in contract, tort (including without limitation negligence) or otherwise for breach of the related Service Level commitment.
  • The maximum accumulative Service Credit available from FilterCloud or its authorised reseller under this Service Level Agreement in any calendar month shall be no more than one hundred percent (100%) of the Monthly Charge payable by The Customer for the affected Service.

Exceptions to Service Level Agreement

This Service Level Agreement will not operate: (i) in respect of any Emails that have not passed through the Service (including without limitation if The Customer has not taken appropriate steps to ensure that it will only accept inbound Email from the FilterCloud Infrastructure); (ii) or in respect of any inbound or outbound Emails that were initially sent to FilterCloud containing more than 500 recipients per SMTP session.

100% Service Availability

  • In relation to the Service, this Service Availability Service Level means the ability to establish a SMTP session on port 25 of the designated Cluster Group, as measured by FilterCloud Tracker. This Service Level shall only apply if the Designated Cluster Group is able to:
    • receive The Customer’s inbound Email on behalf of The Customer’s domain on a 24x7 basis; and
    • accept The Customer’s outbound Email from a correctly configured The Customer SMTP host on behalf of The Customer’s domain(s) on a 24x7 basis.
    • If Service Availability is below one hundred percent (100%) in any calendar month, The Customer may submit a Credit Request and may receive a Service Credit for the following percentage credit:

      Percentage Service Availability Per Calendar Month Percentage Credit of Monthly Charge
      < 100% but >= 99% 25
      < 99% but >= 98.0% 50
      < 98.0 100 and termination of affected Service at The Customers discretion
  • If Service Availability falls below ninety eight percent (98%) in any calendar month, The Customer shall be entitled to terminate the affected Service and receive a pro-rata refund of fees paid in advance for the portion of the Term after such termination is effective.

24x7 Technical Support and Fault Response

  • FilterCloud will on a twenty-four (24) hours/day by seven (7) days/week basis:
    • provide technical support to The Customer for problems with the Service; and
    • liaise with The Customer to resolve such problems.
  • Priority Levels are defined below for requests reported to FilterCloud via telephone or Email:
Definition Response Target Percentage Credit
Severity 1 Loss of Service 95% of calls responded to within 2 business hours 15
Severity 2 Partial loss of Service or Service impairment 85% of calls responded to within 4 business hours 10
Severity 3 Potentially Service affecting or non-Service affecting information request 75% of calls responded to within 8 business hours 5
  • "Percentage Credit" indicated above means the percentage of the Monthly Charge which may be claimed for FilterCloud’s failure to meet the corresponding Response Target
  • The Customer must report any delay in FilterCloud’s response to a request, including the time, date and log number of the incident, in order to be eligible for a Service Credit.
  • For avoidance of doubt, Service Levels do not apply to any requests that are due to acts or omissions by The Customer, or which require the actions of other service providers, as these are beyond FilterCloud’s control.
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