Leader Cloud Marketplace, General Terms of Use
Enrollment and use of the Leader Cloud Marketplace is voluntary and subject to Leader Computers Pty Ltd’s (Leader) terms and conditions of sale.
- All resellers and end users wanting to sell or purchase Microsoft cloud products must agree to their respective Microsoft agreements.
- All resellers must have and maintain a active Microsoft Partner Number and Indirect Provider (CSP) agreement in order to access and sell Microsoft products. Resellers are duly informed that maintaining an active Indirect Provider Agreement is a condition of sale for Microsoft products.
- Leader maintains the right to cease sales of Microsoft products to any reseller that does not have a valid Indirect Reseller Agreement or Microsoft Partner Number.
- Microsoft Indirect resellers may be required to meet additional eligibility and competency requirements.
- Breach of Microsoft's Indirect Reseller agreement terms may result in the suspension of services.
- Leader may provide Microsoft with information it deems reasonable where a breach of agreement is suspected.
- Each end customer must accept the Microsoft Customer Agreement prior to ordering products.
- All resellers must use make reasonable efforts to ensure customers only use original software.
- In case of installing software on the customer's behalf, the reseller must make commercially reasonable efforts to ensure the customer has obtained the prerequisite software, where necessary and applicable.
- For Microsoft products or services, resellers must maintain adequate records related to the installation of software and may be requested to provide such records to Microsoft for verification.
- Where related to Microsoft products or services, resellers must ensure, that it's customers acquire sufficient numbers of Microsoft licenses for software, client access licenses, terminal server licenses or, subscription agreements for online services or any other appropriate services to match both the quantities of the software or professional services provided to the customer and the maximum number of users and/or devices that may access or use the software or professional services under the customer agreement. Resellers must also promptly notify Microsoft of any known or suspected failure by the customer to possess sufficient numbers of Microsoft licenses.
- Any third-party services not mentioned in these terms of use may be subject to separate agreements with the respective software manufacturer.
Cloud Subscriptions
All parties making use of the Leader Marketplace understand that some or all products and services may be subject to automated and recurring billing without prior notice, unless otherwise required. This may include any products or services Leader deems necessary as well as the following
- Monthly or Annual billing of subscription-based products and services.
- Consumption of Usage-Based products and services.
- Per user charges.
- Prepayment of upfront subscription services.
- Payment for access to Leader cloud marketplace storefront white-label services.
Payment for any of the above services or products may be undertaken via bank transfer, credit card or any other payment method Leader sees fit.
By using the Leader marketplace customers agree that:
- Leader will not be held liable for any loss that may result from using any cloud service or product sold through the Leader marketplace.
- Leader has no obligation to either the end user or reseller with regards to the performance or delivery time of any cloud service or product.
- The reseller is solely responsible for any purchases or actions that incur costs which have been made by their associated end user through the Leader marketplace.
- Hashed credit card information may be stored in order to facilitate the automatic recurring purchase of any product or service unless cancelled, subject to the return or cancellation of goods specified in this document.
- Neither the reseller or end user may modify, change or deconstruct any part of either the cloud services, products or Leader marketplace.
- Resellers may not distribute any software or product to any parties that are not end users.
- More than one charge attempt may be made where a credit card payment method has been selected but payment fails for any reason.
- Neither the reseller or end user will use any service or product offered through the Leader Marketplace for illegal activity.
- Any software or service purchased via the Leader Marketplace does not grant the client any property rights of any kind or permanent or usage rights beyond the term of the software contract and the intended use beyond the respective functionalities of the online service. All other rights to the online services and the underlying software applications in the original, copy or modified form remain with the respective manufacturers of the software application.
- Any software service, subscription or product may be terminated at Leader’s discretion in the event of nonpayment, automatic payment failure or any other reason Leader sees fit.
- Any software service, subscription or product may be terminated, or new orders may be declined at the discretion, and on request of a vendor. Such terminations or declines may be the result of but is not limited to agreement breach.
- All prices and descriptions may be subject to change without prior notice.
- Leader may at its own discretion cease to sell any service or product.
- The description of goods does not constitute sale by description unless otherwise agreed.
Privacy Statement
Leader is committed in protecting your privacy. This privacy statement applies to the data collected by Leader through the Leader Cloud Marketplace hosted and operated by Leader.
COLLECTION OF INFORMATION
Leader collects your personal and business information as part of Leader's general terms and conditions. This information is automatically stored onto the Leader Cloud platform, on acceptance of this agreement, during the Leader Cloud signup process. The personal information we collect may include your name, email address, phone number, product preferences and postal address. If you choose to make a purchase or sign up for a paid subscription service, we may ask for additional information, which can include without limitation your credit card number, bank details, mobile phone number and/or billing address which is used to create a billing account. When purchasing certain products, subscriptions or services, end customer information may be collected and shared with the respective software vendors, in order to facilitate the provisioning and creation of end customer vendor specific accounts, as well as the mentioned subscriptions, products or services.
USE OF YOUR INFORMATION
The information collected on by Leader will be used to operate it's cloud marketplace and to provide the service(s) or carry out the transaction(s) you have requested or authorised. Additionally, the information may be used by us for payment processing and ongoing security and fraud prevention activities (such as bank authorisations, charge-backs and for record retention policies) or in cases required under applicable law.
In support of these uses, we may use your information to provide you with more effective customer service, improve the Marketplace and any related Leader products or services, perform statistical analysis and make the Storefront easier to use. You may opt out of such information collection by giving written notice to Leader.
We may also use your information to provide you with important information about the products or service that you are using, including critical updates and notifications. Additionally, we may send you information about other products and services, and/or share your personal information with our brand partners so they may send you information about their products and services. You may opt out of such information collection by giving written notice to Leader
We may access or disclose information about you, including the content of your communications and nature of any purchases, in order to:
(a) comply with the law or respond to lawful requests or legal process;
(b) protect the rights or property of Leader or our customers, including the enforcement of our agreements or policies governing your use of the services; or
(c) act on a good faith belief that such access or disclosure is necessary to protect the personal safety of our employees, customers or the public. We may also disclose personal information as part of a corporate transaction such as a merger or sale of assets.
(d) provide such information to the respective third party providers & vendors in the issuance and sale of products/subscriptions/licenses/assets or goods.
CONTROL OF YOUR PERSONAL INFORMATION
Except as otherwise described in this statement, personal information you provide on to Leader will not be shared outside of Leader and its controlled subsidiaries and affiliates without your permission.
Please be aware that this privacy statement and any choices you make on the Leader Cloud Storefront will not necessarily apply to personal information you may have provided to Leader in the context of other, separately operated Leader products or services.
SECURITY OF YOUR INFORMATION
At Leader, we take the security of your personal information very seriously. We use a variety of security technologies and procedures to help protect your personal information from unauthorised access, use, or disclosure. If we transmit sensitive personal information (such as a credit card number) over the Internet, we protect it through the use of encryption, such as the Secure Socket Layer (SSL) protocol.
CHANGES TO THIS PRIVACY STATEMENT
We may occasionally update this privacy statement and endeavour to inform all relevant parties upon doing so.
DESCRIPTION OF SERVICES
Through the Leader Marketplace, Leader provides access to a variety of resources, including software, software subscriptions, licenses, resource instances, usage-based services and other physical or software-based products. (collectively "Services" or “Products”). These Services may or may not include any updates, enhancements or new features and are subject to Leader’s terms and conditions of sale.
SPECIFIC NOTICE FOR DOCUMENTS AVAILABLE ON THE MARKETPLACE
Permission to use Documents (such as white papers, press releases, datasheets and FAQs) from the Marketplace and Services is granted, provided that:
(1) The below copyright notice appears in all copies and that both the copyright notice and this permission notice appear,
(2) Use of such Documents from the Leader Marketplace or Services is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media unless agreed upon by Leader,
(3) No modifications of any Documents are made.
MEMBER ACCOUNT, PASSWORD, AND SECURITY
All customers must complete the registration process by providing current, complete and accurate information as prompted by the applicable registration form. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Leader immediately of any unauthorised use or access of your account or any other breach of security. Leader will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Leader or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder. Leader may share hashed password copies for the sake of Multi-Factor authentication where required.
RETURN OR CANCELATION OF GOODS
It is specifically noted that any software, cloud services or their affiliated add-on’s which are purchased via the Leader Cloud marketplace are subject to the following terms.
- The customer may request the cancellation of any software or service by giving written notice (online via marketplace or email) to Leader.
- Any cancellation request may take up to 48 hours to fully process and Leader will not be held liable for any recurring/anniversary charges that may become applicable during this period.
- Leader is not obligated to either fully or partially refund any parties upon software, subscription or license cancellations and the approval of any such refund request is strictly at Leader’s discretion. Any refund payouts will strictly be processed on the first working day of the month. Leader may apply cancellation penalties at its own discretion or in line with that of the respective software manufacturer.
- Any costs incurred as a result of purchases made in error by the reseller and/or their associated end user will strictly be the responsibility of the reseller.
Delegation of Admin Rights
As part of the Microsoft subscription creation and management process, partners are hereby duly informed of the requirement for Leader to have and maintain a Microsoft Cloud Solution Provider customer relationship, associated to the end customer's Microsoft tenant/account. The inclusion of delegated administration privileges is optional and non mandatory. It strictly remains the responsibility of the end user and/or reseller acting on behalf of, to accept or decline any relationship requests and/or delegated admin requests, taking note of the terms and conditions of such a request as outlined here: https://legal.office.com/en-us/docid28. Leader does not maintain or keep record of administrative privileges or credentials, including for the purposes of support, unless specifically accepted during the delegation process. Any such global administrator delegation acceptance implies that Leader delegates all technical support obligations to the corresponding reseller, and the reseller is aware of their obligation to form a independent customer agreement with the customer, that is consistent with data protection laws that govern the use of administrative access credentials.
Leader takes no responsibility for any damages or loss that may occur as a result of any actions taken while acting as the global administrator for either partner or end user accounts.