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- “Administrative Contact” means the Customer’s authorized and designated representative shown on the HSOF;
- “Agreement” means the HSOF, these terms and conditions, any addendum to the HSOF agreed to by the parties, the SLA, the AUP and MSP’s privacy policy, as posted on MSP’s website at aim4cloud.com from time to time.
- “AUP” means MSP’s acceptable use policy, posted on MSP’s website at aim4cloud.com and as amended from time to time.
- “Business Day” means a day other than Saturday, Sunday or a statutory holiday in British Columbia.
- “Commencement Payment” means the first payment due to MSP by the Customer for the Services as shown on the HSOF.
- “Confidential Information” means all information disclosed by one party to the other, at any time, that would reasonably be considered to be confidential, including (i) with respect to MSP, its unpublished terms of service, prices, audit and security reports, server configuration designs, data center designs and other proprietary technology; (ii) with respect to the Customer, any files transmitted to or from, or stored by, the Customer on MSP’s servers; and (iii) with respect to both, other information that is marked as “confidential” or, if disclosed in non-tangible form, is verbally designated as “confidential” at the time of disclosure and confirmed as confidential in a written notice given within 30 days of disclosure, but excluding any information that is independently developed by a non-disclosing party as shown by such party’s written business records, or is or becomes generally available to the non-disclosing party or the public other than in breach of this Agreement.
- “Data Service Provider” is defined as a third party listed in Schedule A who MSP engages for the specific purposes outlined, and who has access to the Customer’s data in order to assist MSP with business management or quality assurance.
- “Data Subcontractor” is defined as a third party listed in Schedule A who Customer authorizes MSP to engage for the specific projects outlined, and who has access to the Customer’s data in order to assist MSP in delivering Services to the Customer.
- “Currency” is defined in Section 1.2.
- “ETF” is defined in Section 2.8.
- “Fees” means the amounts payable by the Customer pursuant to this Agreement, including the
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