Terms of Service

V1.1 - Last edited 05th January 2022

OxygenIT, a New Zealand based Managed Service Provider (MSP), provides its services to you subject to the following Terms of Service (“TOS”). By using OxygenIT’s services, you agree to be bound by the following terms and conditions. If you do not agree to these terms and conditions, you should not use OxygenIT’s services.

I. Introduction

Purpose of the TOS: These TOS govern the use of OxygenIT’s services and any associated software, documentation, and support services (collectively, the “Services”).

Agreement to TOS: By using OxygenIT's Services, you are agreeing to be bound by these TOS. If you do not agree to these TOS, you should not use OxygenIT’s Services.

II. Services Provided

Description of Services: OxygenIT provides a variety of services, including but not limited to, IT support, network management, software development, and data backup and recovery. The specific services provided to each client will be outlined in a separate agreement.

Limitations of Services: OxygenIT will make every effort to provide reliable and efficient services. However, OxygenIT cannot guarantee that the Services will be uninterrupted or error-free. OxygenIT will not be liable for any damages caused by interruptions or errors in the Services.

III. Payment and Fees

Payment Terms: OxygenIT requires payment in advance for all Services. Payment can be made by credit card, check, or wire transfer.

Fees: OxygenIT charges a monthly fee for its Services. The specific fee for each client will be outlined in a separate agreement.

Refund Policy: OxygenIT does not offer refunds for its Services.

IV. Data Security and Confidentiality

Data Security: OxygenIT takes the security of client data very seriously. OxygenITO uses industry standard security measures to protect client data, including firewalls, encryption, and secure servers.

Confidentiality Agreement: OxygenIT will not disclose any client data to third parties without the client’s express permission.

V. Service Level Agreement (SLA)

Service Level Guarantees: OxygenIT guarantees a certain level of service for its clients. The specific service level guarantees for each client will be outlined in a separate agreement.

Reporting and Resolving Service Issues: If a client experiences an issue with OxygenIT's Services, the client should contact OxygenIT’s support team. OxygenIT will make every effort to resolve the issue in a timely manner.

VI. Intellectual Property

Ownership of Intellectual Property: Any intellectual property related to  OxygenIT’s Services remains the property of  OxygenIT.

Restrictions on Use of Intellectual Property: Clients may not use any intellectual property related to  OxygenIT’s Services for any purpose other than the specific purpose for which it was provided.

VII. Termination and Cancellation

Conditions for Termination or Cancellation: OxygenIT may terminate or cancel a client’s Services at any time if the client breaches any of these TOS.

Procedures for Termination or Cancellation: If  OxygenIT terminates or cancels a client’s Services, the client will be notified in writing.

VIII. Liability And Indemnification

Limitations of Liability:  OxygenIT will not be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with the use of  OxygenIT’s Services.

Indemnification: You agree to indemnify, defend and hold  OxygenIT, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these TOS.

IX. Dispute Resolution

Agreement to Resolve Disputes Through Arbitration or Mediation: Any disputes arising out of or in connection with these TOS shall be resolved through arbitration or mediation, as mutually agreed by both parties.

X. Governing Law and Jurisdiction

Governing Law: These TOS shall be governed by and construed in accordance with the laws of Netherlands, without giving effect to any principles of conflicts of law.

Jurisdiction: Any disputes arising out of or in connection with these TOS shall be subject to the exclusive jurisdiction of the courts located in Netherlands.

XI. Miscellaneous

Entire Agreement: These TOS constitute the entire agreement between you and  OxygenIT with respect to the use of  OxygenIT's Services.

Severability: If any provision of these TOS is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

No Waiver:  OxygenIT’s failure to enforce any right or provision in these TOS shall not constitute a waiver of such right or provision unless acknowledged and agreed to by  OxygenIT in writing.

Force Majeure: OxygenIT shall not be liable for any delay or failure in performance of its obligations under these TOS, if such delay or failure is caused by a force majeure event, such as natural disaster, war, terrorism, strike, lockout, or governmental act.

Contact Information: If you have any questions or concerns about these TOS, please contact  OxygenIT’s support team at (0800) 242 206.