- ABOUT US
Version v20190123a, last updated 23rd January 2019
TERMS OF SERVICE
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY SIGNING THIS CONTRACT PHYSICALLY, ELECTRONICALLY, OR BY CLICKING “ACCEPTED AND AGREED” EACH CUSTOMER AGREES TO THESE TERMS OF SERVICE.
These Terms of Service constitute an agreement (this “Agreement”) by and between Cascade Strategy USA, Inc. a Delaware corporation (“Provider”) and you (“Recipient”) (each a Party, and together the Parties).
Definitions and Interpretations
Service & Payment.
Service Level Agreement.
In the event of any “Service Failure,” as that term is defined in the Schedule B, Provider will issue Recipient such credits as are required by the SLA within fifteen (15) days of such failure.
The SLA is hereby incorporated into this Agreement.
Materials, Software, & IP.
Each Party’s Warranties.
Limitation of Liability.
In no event: (a) will Provider or Recipient’s liability arising out of or related to this agreement exceed USD10,000; and (b) will Provider or Recipient be liable for any consequential, indirect, special, incidental, or punitive damages. The liabilities limited by this section 6 apply: (i) to liability for negligence (but not gross negligence or wilful misconduct); (ii) regardless of the form of action, whether in contract, tort, strict product liability, or otherwise; (iii) even if Provider or Recipient are advised in advance of the possibility of the damages in question and even if such damages were foreseeable; and (iv) even if Recipient or Provider’s remedies fail of their essential purpose. If applicable law limits the application of the provisions of this Section 6, Provider and Recipient’s liability will be limited to the maximum extent permissible.
Term & Termination.
Force Majeure. To the extent caused by force majeure, no delay, failure, or default will constitute a breach of this Agreement.
Prior to commencement of arbitration, the parties must attempt to mediate their dispute using a professional mediator selected by agreement from American Arbitration Association, the CPR Institute for Dispute Resolution or like organization or, absent agreement, through selection procedures administered by the CPR. Within a period of forty-five (45) days after the request for mediation, the parties agree to convene with the mediator, with business representatives present, for at least one session to attempt to resolve the matter. In no event will mediation delay commencement of the arbitration for more than forty-five (45) days absent agreement of the parties or interfere with the availability of emergency relief.
Any controversy or claim arising out of or relating to this Agreement shall be resolved by arbitration before a single arbitrator in accordance with the then current CPR Non-Administered Arbitration Rules ("CPR Rules") (www.cpradr.org), except where those rules conflict with this provision, in which case this provision controls. The arbitrator shall be selected within twenty (20) Business Days from commencement of the arbitration from the CPR Panel of Distinguished Neutrals, unless a candidate not on such panel is approved by both parties. Within forty-five (45) days of initiation of arbitration, the parties shall reach agreement upon and thereafter follow procedures, including limits on discovery, assuring that the arbitration will be concluded and the award rendered within no more than eight (8) months from selection of the arbitrator or, failing agreement, procedures meeting such time limits will be designed by the Arbitrator and adhered to by the parties. The arbitrator may award the costs and expenses of the arbitration as provided in the CPR Rules, but each party shall bear its own attorney fees.
This following document sets forth the Privacy & Data Policy for the Provider and covers all company websites, SaaS instances and other information collected.
Provider is committed to providing you with the best possible customer service experience. Provider is bound by the Privacy Act 1988 (NSW), which sets out a number of principles concerning the privacy of individuals.
Collection of your personal information
There are many aspects of the site and service which can be viewed without providing personal information, however, for access to certain parts of the Service you will be required to submit personally identifiable information. This may include but is not limited to a unique username and password, or provision of sensitive information for the recovery of a lost password.
We may occasionally hire other companies to provide services on our behalf, including but not limited to handling customer support enquiries, processing transactions or providing consulting services requested by the Recipient. Those companies will be permitted to obtain only the personal information they need to deliver the service. Provider takes reasonable steps to ensure that these organisations are bound by confidentiality and privacy obligations in relation to the protection of your personal information.
For each visitor to reach the site or Service, we expressively collect the following non-personally identifiable information, including but not limited to browser type, version and language, operating system, pages viewed while browsing the Site, page access times and referring website address. This collected information is used solely internally for the purpose of gauging visitor traffic, trends and delivering personalized content to you while you are at this Site.
From time to time, we may use this information for new, unanticipated uses not previously disclosed in our privacy notice. If our information practices change at some time in the future we will use for these new purposes only, data collected from the time of the policy change forward will adhere to our updated practices.
Transmission of data as part of any system solution provided by Provider is warrantied to use secure methods of communication. Provider will secure all data in its entirety traveling from Provider’s servers with a minimum of 256bit symmetric encryption, with a 2048bit root encryption certificate. The standard commonly referenced as SSL (or https) is used for all communication between Provider’s servers and client systems. At no point will data travel outside of the secure server environments in an unencrypted format, with the exception of emails or other messaging services over which Provider has no control. The use of such messaging services will be at Recipient’s discretion and options will be provided to switch these forms of communication off.
Server (infrastructure) security is independently certified to meet the highest international standards of data security, and mirrors the data security requirements of leading multinational corporations such as banks as well as government entities. The following minimum standards are independently warrantied and verified as met:
Infrastructure security is provided by our trusted partner Amazon Web Services LLC and full details regarding relevant certifications can be obtained at http://aws.amazon.com/security/
Location of data is entirely within the Amazon Web Services secure environment. Recipient may request that data is housed in a named geography for reasons of data sovereignty. The list of supported geographic locations can be found on Our Website.
Changes to this Privacy & Data Policy
Provider reserves the right to make amendments to this Privacy & Data Policy at any time. If you have objections to the Privacy & Data Policy, you should not access or use the Site.
Accessing Your Personal Information
You have a right to access your personal information, subject to exceptions allowed by law. If you would like to do so, please let us know. You may be required to put your request in writing for security reasons. Provider reserves the right to charge a fee for searching for, and providing access to, your information on a per request basis.
Provider welcomes your comments regarding this Privacy & Data Policy. If you have any questions about this Privacy & Data Policy and would like further information, please contact us by email at email@example.com.
Our Commitment to Our Customers
Provider is committed to delivering a product and service of utmost quality to our clients. To demonstrate our commitment, we have established the following Service Level Agreement that outlines with full transparency the level of service you can expect from us.
Our goal is to provide 24x7 system availability, and we are so confident in our Amazon operated data center that we offer subscription credits if availability falls below 99.5%. You receive a credit of 10% of your subscription fees for the month (calculated as a monthly equivalent your annual user licensing charges) in which the outage event(s) occurred for every percentage point that Service Availability falls below 99.5%, up to a maximum of 50% of the applicable subscription fees for that month. To receive a credit, you must submit a request to Provider within 15 days after the month in which the Service Availability outage event(s) occurred. Any credit will be applied against subsequent subscription fees due to Provider.
Provider maintains regular encrypted backups of your data both on and offsite. If our primary facility goes down, we commit that no more than the last 24 hours of your transactions preceding the catastrophic event will be lost.
Due to the advanced architecture of our systems, scheduled maintenance is designed to have minimal impact on the availability and uptime of the service. If an extended maintenance operation is required that will impact our uptime, the maintenance will be scheduled when it will have the least impact on our customers whenever possible (usually nights or weekends). For extended maintenance periods, we will notify you 5 business days in advance.
If you contact our Technical Support office we will provide an immediate acknowledgment, as well as a response, within 12 business hours. For P1 critical issues that cannot be resolved within a 24 hour time period, we will provide an update within that time and continue to update you with additional information as it’s available. Technical Support is provided 24x7 over email and live chat, and 24x5 (Monday to Friday) by telephone. Hours are US Eastern.
Our goal is to provide a high quality product that operates as described in our online product documentation. If issues are encountered with Provider’s applications, we will address reported issues according to the following priority levels:
Service Availability Definition
Service Availability is computed using the following definitions.
System: Provider service, accessible over the network via web protocols, up to and including Provider’s Internet connection. Network problems beyond that point, such as ISP problems, Internet backbone problems or customer network problems are excluded. Development sites and beta software sites that are at times made available to Recipient’s are excluded. Problems caused by software running on Recipient’s computers are also excluded.
System Outage Hours: Total time during a given month in which the System is unavailable, excluding scheduled system maintenance times.
Total Hours: Number of hours contained in a given month, excluding Scheduled Maintenance time.
Service Availability: The percentage of Total Hours during a given month in which the System was available is computed as follows: 100 x Total Hours-System Outage Hours / Total Hours
Calculation of Service Availability excludes system outages caused by force majeure, i.e. acts of God, war civil unrest, acts of government and any other circumstances beyond Provider’s reasonable control.
A “Workaround” is a response that solves a problem or system issue by the use of alternate methods or a change in procedures in place of a program modification
Customer Data Ownership
Data ownership of all Recipient Data will always remain owned in full by the Recipient. If you decide to move to another solution, we will help you export your data for a nominal fee.
We will deliver accurate statements of activity and charges to you. If there is a billing error brought to our attention, we will provide you a corrected statement within 3 days of being notified of the error.
The nature of SaaS platforms means that they are constantly evolving. The Service is provided per the features outlined on Our Website and is subject to change. However, the service can be broadly considered to include the following aspects:
Our core strategic planning module, where you can configure your strategy framework, and create your high-level plan.
The main engine of Cascade that allows you to update and collaborate around the progress of your goals, projects, and KPIs.
Robust visuals in the form of snapshots and dashboards, which allow your staff to track the progress of the different elements of your strategic plan.
In addition to the Service, Recipient may also opt in to receive nominated Addons. These Addons may change over time and are outlined in detail on Our Website. Any Addons purchased are subject to the same terms and conditions outlined in this Agreement.
Effective Date and Duration
The Effective Date is the date of execution of this Agreement.
Initial contract period will be for 12 months from above date. The following options will be available at the end of initial period:
Recipient agrees to the pricing published on The Proposal as of the Effective Date of this Agreement. Any subsequent changes in price will be reasonable and notified to the Recipient at least 30 days prior to effect and Recipient will have the option to reject such price increase which will trigger termination of this Agreement.
The Recipient will be charged in United States dollars.
Professional services will be provided as a combination of onsite and remotely using audio and video conferencing facilities.
Additional professional services are available at any time during the Term. The scope of such services is variable and will be agreed on a case by case basis. However typical uses of such services include:
The professional services rate applicable to the Term of this agreement is USD250 per hour unless otherwise agreed or specified.
Payments are due within 10 days of invoicing or before the Effective Date of this Agreement, whichever is sooner.
No refunds or credits will be offered for unused software or services, nor will any user licenses or services roll over to future periods.