1. Agreement Overview
These Terms of Service ("Agreement") govern your use of managed IT services provided by HEX (operated by Hex One) ("Company," "we," "us," or "our"). By engaging our services, you ("Client," "you," or "your") agree to be bound by these terms.
This Agreement applies to all managed services, including Microsoft 365 administration, Azure cloud services, security management, and professional consulting services provided to Small and Medium Businesses (SMBs) in Europe and internationally.
2. Service Description
2.1 Managed Services
- 24/7 monitoring and management of Microsoft 365 environments
- Azure infrastructure management and optimization
- Security monitoring, threat detection, and incident response
- Backup and disaster recovery services
- User access management and identity protection
- Compliance monitoring and reporting
2.2 Professional Services
- Microsoft 365 and Azure migration services
- Security assessments and compliance audits
- Infrastructure consulting and optimization
- Custom integration and automation projects
- Training and knowledge transfer programs
3. Service Level Agreements (SLAs)
3.1 Availability Commitments
Managed Services: 99.9% uptime
Security Monitoring: 24/7/365
Support Response: Within service hours
Critical Issues: ≤ 1 hour response
High Priority: ≤ 4 hours response
Standard Issues: ≤ 24 hours response
3.2 Service Credits
If we fail to meet our SLA commitments, you may be eligible for service credits as outlined in your specific service agreement. Credits are calculated as a percentage of monthly fees proportional to the downtime experienced.
4. Client Responsibilities
4.1 Access and Cooperation
- Provide necessary administrative access to managed systems
- Maintain valid licensing for Microsoft 365 and Azure services
- Cooperate with security assessments and compliance requirements
- Notify us promptly of any security incidents or system changes
4.2 Data and System Integrity
- Maintain backup copies of critical business data
- Follow security policies and best practices as recommended
- Ensure user training on security awareness and procedures
- Report suspected security breaches immediately
4.3 Payment Obligations
- Pay all fees according to the agreed payment schedule
- Provide accurate billing and contact information
- Cover third-party licensing costs (Microsoft, etc.)
5. Pricing and Payment Terms
5.1 Service Fees
Service fees are based on your selected service tier and user count. Pricing includes:
- Monthly managed service fees per user
- One-time setup and migration costs
- Project-based professional services
- Additional services outside standard scope
5.2 Payment Terms
- Monthly services: Paid in advance by the 1st of each month
- Project services: 50% upon project initiation, 50% upon completion
- Late payments subject to 1.5% monthly service charge
- Currency: EUR, USD, or local currency as agreed
5.3 Price Changes
We may adjust pricing annually with 30 days advance notice. Price increases will not exceed 10% per year unless due to significant changes in third-party licensing costs.
6. Limitation of Liability
6.1 Service Limitations
Our liability is limited to the direct costs of our services. We are not liable for:
- Business interruption or lost profits
- Data loss due to client systems or third-party failures
- Security breaches due to client non-compliance
- Issues arising from client-unauthorized system changes
6.2 Maximum Liability
Our total liability for any claim shall not exceed the fees paid by you in the 12 months prior to the incident, or €50,000, whichever is less.
6.3 Force Majeure
We are not liable for delays or failures due to circumstances beyond our reasonable control, including but not limited to natural disasters, cyberattacks, government actions, or third-party service disruptions.
7. Data Protection and Security
7.1 Data Processing Agreement
We act as a data processor under GDPR and maintain appropriate technical and organizational measures to protect personal data. A separate Data Processing Agreement (DPA) governs our data handling practices.
7.2 Security Measures
- End-to-end encryption for all data transmission
- Multi-factor authentication for system access
- Regular security audits and compliance assessments
- Incident response procedures and breach notification
7.3 Data Retention
We retain client data only as long as necessary to provide services or as required by law. Upon termination, data is securely deleted within 90 days unless legal retention requirements apply.
8. Contract Termination
8.1 Termination Rights
- Either party may terminate with 30 days written notice
- Immediate termination for material breach if not cured within 15 days
- Immediate termination for non-payment after 15-day grace period
8.2 Termination Process
- Knowledge transfer and system documentation handover
- Secure data extraction and deletion from our systems
- Final invoice for services rendered through termination date
- Return of client credentials and access materials
8.3 Survival
Confidentiality, liability limitations, data protection obligations, and payment terms survive contract termination.
9. Governing Law and Disputes
9.1 Applicable Law
This Agreement is governed by Singapore law. For EU clients, additional EU regulations (including GDPR) apply where relevant.
9.2 Dispute Resolution
- Disputes should first be addressed through direct negotiation
- Mediation through Singapore International Mediation Centre if negotiation fails
- Arbitration in Singapore under SIAC rules as final resolution
9.3 Jurisdiction
Singapore courts have exclusive jurisdiction for any legal proceedings, except where EU consumer protection laws grant additional jurisdictional rights.
10. Contact Information
For questions about these Terms of Service or to report service issues:
Company: Hex One
Legal Contact: Christian Egger, CEO
Email: [email protected]
Support: [email protected]
Address: 68 CIRCULAR ROAD, #02-01, SINGAPORE 049422
Phone: +91 9212432445
11. Changes to Terms
We may update these Terms of Service to reflect changes in our services, legal requirements, or business practices. We will notify you of material changes at least 30 days in advance via email or through our service platform.
Your continued use of our services after the effective date of changes constitutes acceptance of the updated terms. If you disagree with changes, you may terminate the service agreement as outlined in Section 8.