Last updated 22 December 2021

1                 Terms and conditions

1.1                   Acceptance of terms and conditions:

(1)                    The Subscriber accepts the terms and conditions in effect at the time of supply of GetKambium.

(2)                    GetKambium may update these terms and conditions at any time on one month’s written notice to the Subscriber except that where a Fixed Term applies the updated terms and conditions will apply for the remainder of the current Fixed Term and the updated terms and conditions will apply for any renewal period(s).

(3)                    Without limiting clause 1.1(2), the Subscriber’s continued use of the GetKambium Portal confirms the Subscriber’s acceptance to be bound by the latest terms and conditions.

(4)                    Any additional or different terms that the Subscriber may stipulate or state in any communication with GetKambium will not be binding on GetKambium or included in the Agreement unless expressly agreed in writing by GetKambium.

1.2                   The ‘Agreement’ means and comprises the Subscriber Information, Selected Options, Relevant Pricing, these terms and conditions (as updated from time to time under clause 1.1(2) above), the Support Schedule, the Appendices and the Data Protection Attachments.

1.3                   These terms and conditions apply to customers that sign up for the Free Subscription of ‘GetKambium’ and to customers that purchase ‘GetKambium’ (or on whose behalf ‘GetKambium’ is purchased).

1.4                   The GetKambium Portal is available from GetKambium directly at the Purchase Location.

1.5                   All capitalized terms used in these terms and conditions have the meanings given to them in the definition section in clause 18.

1.6                   Where someone other than the Subscriber purchases ‘GetKambium’ on behalf of the Subscriber that person is deemed to have authority to accept these terms and conditions for the Subscriber.

2                 ‘GetKambium’

2.1                   Provision of ‘GetKambium’: GetKambium will provide the GetKambium Portal to the Subscriber in accordance with the Agreement. The GetKambium Portal is provided to the Subscriber on a non-exclusive basis and the Subscriber’s right to use the GetKambium Portal is not transferable. GetKambium will provide log on access to the Subscriber to enable the Subscriber to access and use the GetKambium Portal.

2.2                   ‘GetKambium’ Hosting and Availability: GetKambium provides the GetKambium Portal bundled with the Hosting. GetKambium’s commitment to ‘GetKambium’ availability is the Monthly Uptime Commitment, which applies subject to the Exception Factors. Where emergency maintenance is necessary or where unplanned outages occur, this will be notified to the Subscriber as soon as possible after coming to GetKambium’s attention. Where GetKambium does not meet the Monthly Uptime Commitment, and the failure to meet the Monthly Uptime Commitment is not due to any of the Exception Factors:

(1)                    a Service Credit may apply; and

(2)                    the Subscriber may submit a Claim to GetKambium.

If GetKambium, following its assessment of the Claim, determines that the Monthly Uptime Commitment was not met in the relevant period (and that this was not due to any Exception Factors), a Service Credit may apply.

‘GetKambium’ Availability: The availability of the GetKambium Portal is dependent on factors outside of GetKambium’s control and as such GetKambium cannot and does not warrant that the GetKambium Portal will be continuously available or available without interruption.

2.3                   Exception Factors: The Exception Factors are:

(1)                    Planned Maintenance;

(2)                    lack of availability or outages of telecommunications networks (GetKambium to provide evidence);

(3)                    a network or device failure external to GetKambium’s or its third party provider’s data centers, including at Subscriber’s site or between the Subscriber’s site and GetKambium’s or third party’s data centers;

(4)                    issues resulting from the Subscriber’s use of infrastructure (including IaaS), software or services (other than the GetKambium Portal) including issues related to dependencies on the Subscriber’s Integrated Services and Products;

(5)                    any third party act, omission or circumstance which results in unavailability of the GetKambium Portal, whether malicious or not (other than where the third party is a subcontractor engaged by GetKambium); and

(6)                    a Force Majeure Event.

2.4                   Security Breach

(1)                    Without limiting any other legal obligations that GetKambium may have in the event of a security breach, GetKambium represents that it has used and will continue to use reasonable endeavours in designing and/or utilizing the GetKambium Portal Systems and in operating and managing the GetKambium Portal so as to minimize the risk of a Security Breach.

(2)                    In the event of any Security Breach:

    1. GetKambium will, subject to all applicable laws, notify the Subscriber as soon as practicable after GetKambium becomes aware of the Security Breach;
    2. the Subscriber will notify GetKambium as soon as practicable, but no later than 24 hours after the Subscriber becomes aware of the Security Breach;

 

(3)                    subject to all applicable laws, immediately following notification of a Security Breach under clause 2.4(1) or (2) above, the parties will coordinate with each other to investigate the Security Breach. GetKambium will cooperate with the Subscriber in the Subscriber’s handling of the matter, including, without limitation by assisting with any investigation, providing the Subscriber with physical access to the facilities and operations affected to the extent reasonably practical, facilitating interviews with GetKambium’s employees and others involved in the matter and making available all relevant records, logs, files, data reporting and other materials required to comply with applicable law, regulation, industry standards or as otherwise reasonably required by Subscriber.

2.5                   Data

(1)                    The Subscriber warrants that the Subscriber has the right and authority to deal with the Data in the manner contemplated by the Agreement.

(2)                    The Subscriber is responsible for:

    1. all Data entry requirements; and
    2. except as expressly provided otherwise in the Agreement, for all aspects of the Subscriber’s access and use of the GetKambium Portal; and
    3. managing the Permitted Users in respect of their use of the GetKambium Portal and managing any changes to the Permitted Users;
    4. ensuring that Permitted Users keep all login details for the GetKambium Portal confidential and do not share their login details; and
    5. ensuring that, in using the GetKambium Portal, the Subscriber and all Permitted Users comply with all applicable laws. To the extent permitted by law, GetKambium accepts no responsibility for ensuring that use of the GetKambium Portal will result in the Subscriber complying with applicable laws or enable the Subscriber to comply with applicable laws (including for example and without limitation, laws requiring records to be stored in a particular jurisdiction).  For clarity, GetKambium is hosted in the USA.

(3)                    Nothing in the Agreement transfers ownership of the Data to GetKambium or to any Authorized Partner.

(4)                    All Data is available to the Subscriber:

    1. for the term of the Agreement, via the GetKambium Portal;
    2. on request to GetKambium at any time during the term of the Agreement and for a period of one month following expiration or termination of the Agreement.

2.6                   Support: GetKambium will provide assistance in resolving issues in respect of the Subscriber’s access or use of the GetKambium Portal, in accordance with the Support Schedule.

3                 ‘GetKambium’ Dependencies

3.1                   Except in the case of the Free Subscription, the Subscriber acknowledges that the GetKambium Portal is or may be dependent on proper implementation and availability and correct functioning of the Subscriber’s Integrated Services and Products.

3.2                   Neither GetKambium nor any Authorized Partner has any responsibility or liability to the Subscriber, and in any event no obligation to refund or reduce amounts paid by the Subscriber, for incorrect or unexpected functioning, or failure, of the GetKambium Portal where that incorrect or unexpected functioning, or failure, is directly or indirectly due to incorrect or inappropriate implementation or incorrect functioning, or lack of availability of the Subscriber’s Integrated Services and Products.

4                 Charges and payment

4.1                   The Subscriber will pay the Relevant Pricing for access to the GetKambium Portal to GetKambium by credit card and in the manner and at the times specified at the Purchase Location. GetKambium uses a PCI-compliant third-party payment gateway and GetKambium does not collect or store any credit card details itself.

4.2                   All applicable value added taxes will be charged and payable in addition to the Relevant Pricing.

4.3                   Subject to clause 4.4, the Subscriber acknowledges and agrees that it is required to pay all amounts due, automatically via credit card as described in clause 4.1, in full, without setoff, counterclaim or deduction of any kind, on the due date.

4.4                   If the Subscriber wishes to dispute an invoice, it must notify GetKambium in writing within 7 days of the date of the invoice and provide details of the dispute. The Subscriber may withhold payment of the disputed part of an invoice only and must pay that part (or any amount subsequently agreed or determined to be the correct amount owing) promptly on resolution of the dispute.

4.5                   Without GetKambium waiving any other right or remedy it may have, if any amount due is not paid by the Subscriber by the due date, GetKambium may:

(1)                    charge the Subscriber interest calculated at 1.5% per month on the balance of the amount due by the Subscriber from the due date until payment is received in full by GetKambium; and/or

(2)                    charge the Subscriber all collection costs reasonably incurred by GetKambium in collection of the amount outstanding (including solicitor and/or collection agency fees); and/or

(3)                    suspend supply of the GetKambium Portal until the outstanding amount is paid in full. GetKambium will give five Working Days’ notice in writing of its intention to suspend delivery under this clause.

4.6                   The Relevant Pricing may be changed by GetKambium on GetKambium giving at least six weeks’ written notice (by email) to the Subscriber of the new charges that will apply except that where a Fixed Term applies, the new pricing will not apply until expiration of the current Fixed Term.

5                 Term

5.1                   The Agreement commences (and provision of the GetKambium Portal and Support Services commences) when the Subscriber signs up for the Free Subscription or purchases GetKambium and the Agreement will continue:

(1)                    in the case the Free Subscription, until terminated under clause 5.2 or clause 10;

(2)                    in all other cases, will continue for an initial period of 12 months from commencement of the Premium Subscription and will automatically renew for subsequent 12-month periods unless written notice is provided by the Subscriber to GetKambium at least one month prior to expiry of the initial 12-month period or the current 12 month renewal period as applicable, unless earlier terminated under clause 10.

5.2                   In addition to the parties’ rights of early termination under the Agreement or otherwise at law, where the Subscriber has signed up for the Free Subscription, the Agreement may be terminated by the Subscriber at any time:

(1)                    on written notice to GetKambium; or

(2)                    through the termination processes at the Purchase Location,

 with the termination taking effect immediately or at a later date as notified by GetKambium.

6                 Personal Data and Data Protection

6.1                   The Subscriber consents to the Processing of Personal Data by GetKambium for the purposes of the Agreement. Before providing Personal Data to GetKambium, the Subscriber will obtain all required consents from third parties (including Subscriber’s contacts, partners, distributors, administrators, and employees) under applicable Data Protection Laws.

6.2                   To the extent permitted by and subject to compliance with applicable Data Protection Laws, Personal Data collected by GetKambium under the Agreement may be transferred, stored and processed in the State(s) and/or country (or countries) in which GetKambium or its contractors or service providers (including for example Microsoft and other third-party vendors) maintain facilities.

6.3                   Where the CCPA (California Consumer Privacy Act) or similar US data protection laws in other States apply, the US Data Protection Addendum (attached) applies. Where the CCPA or similar data protection laws in other States do not apply, the US Data Protection Addendum may not be attached or if it is attached in any event does not apply.

6.4                   Where the GDPR and/or the UK GDPR applies, the GDPR and/or the UK GDPR Attachment(s) as applicable and as attached to these terms and conditions applies/apply. Where the GDPR or UK GDPR does not apply, the relevant GDPR Attachment may not be attached or if it is attached in any event does not apply.

7                 Intellectual Property

7.1                   All Intellectual Property in:

(1)                    the GetKambium Portal and all content, for example but not limited to, guides, methodologies, templates, and training material provided via the GetKambium Portal; and

(2)                    the software, processes, methodology and know-how used by GetKambium in its performance of the Agreement;

is the property of GetKambium (or its licensors) and nothing in the Agreement operates to change that ownership.

7.2                   The Subscriber must not, nor may the Subscriber permit any other person to do any of the following, or attempt to do so:

(1)                    copy, alter, modify, reverse assemble, reverse compile, reverse engineer or enhance the GetKambium Portal Systems; or

(2)                    permit or enable users other than Permitted Users to access or use the GetKambium Portal; or

(3)                    provide the GetKambium Portal to any users through operation of a bureau or like service; or

(4)                    resell, rent, lease, transfer, sublicense or otherwise transfer rights to use the GetKambium Portal; or

(5)                    use the GetKambium Portal in any way that could damage or interfere with the GetKambium Portal Systems in any way;

(6)                    use the GetKambium Portal otherwise than in the manner in which the GetKambium Portal is designed to be used;

(7)                    use the GetKambium Portal in any way that could interrupt, damage or otherwise interfere with use of the GetKambium Portal by any other customers;

(8)                    do any act which would or might invalidate or be inconsistent with GetKambium’s Intellectual Property rights.

7.3                   The Subscriber must notify GetKambium of any actual, threatened or suspected infringement of any Intellectual Property right and of any claim by any third party that any use of the GetKambium Portal infringes any rights of any other person, as soon as that infringement or claim comes to the Subscriber’s notice.  The Subscriber must (at GetKambium’s expense) do all such things as may reasonably be required by GetKambium to assist GetKambium in pursuing or defending any proceedings in relation to any such infringement or claim.

7.4                   The Subscriber indemnifies GetKambium against any loss, costs, expenses, demands or liability whether direct, indirect or otherwise, and whether arising in contract, tort (including negligence), equity or otherwise, arising out of a claim by a third-party alleging infringement of that third party’s Intellectual Property rights if such claim arises from infringement, suspected infringement or alleged infringement due to:

(1)                    use of the GetKambium Portal in a manner or for a purpose or in combination with any other ‘GetKambium’ or product not reasonably contemplated or authorized by GetKambium; or

(2)                    a breach by the Subscriber of clause 7.2.

8                 Confidential Information

8.1                   The parties recognise and acknowledge the confidential nature of the Confidential Information.

8.2                   Neither party may use or disclose any Confidential Information other than:

(1)                    to its employees, directors or contractors to the extent necessary in the performance of the Agreement; or

(2)                    with the express prior written consent of the other party; or

(3)                    to its professional advisers.

9                 Warranties

9.1                   Each party warrants to the other that it has authority to enter into and perform and the ability to perform its obligations under the Agreement.

9.2                   With the exception of the warranties given under clauses 9.1, all warranties, terms and conditions (including without limitation, warranties and conditions as to fitness for purpose and merchantability), whether express or implied by statute, common law or otherwise are excluded to the extent permitted by law.

9.3                   Any warranties made to the Subscriber under the Agreement extend solely to the Subscriber.

10              Termination

10.1                GetKambium or the Subscriber may terminate the Agreement immediately on written notice to the other party if the other party:

(1)                    breaches any of its obligations under the Agreement and fails to remedy the breach within 20 days of receiving notice requiring the breach to be remedied; or

(2)                    ceases business or becomes insolvent or goes into liquidation or has a receiver or statutory manager appointed over its assets or ceases to carry on business or makes any arrangement with its creditors.

10.2                On termination of the Agreement:

(1)                    all amounts due to GetKambium will become immediately due and payable, and the Subscriber will be required to pay for the remainder of the current 12-month period;

(2)                    GetKambium will cease to provide the GetKambium Portal to the Subscriber, and the Subscriber will cease to have any entitlement to use the GetKambium Portal;

(3)                    the provisions of the Agreement that are by their nature intended to survive termination will remain in full force.

11              Liability 

11.1                GetKambium’s liability under the agreement is limited to direct loss only, to the amount paid by the Subscriber in the three-month period preceding the event giving rise to the claim.

11.2                In no event is GetKambium liable for any indirect loss or for any loss of profits, lost savings, lost revenue, loss of data, business interruption, incidental or special damages, or for any consequential loss. In addition, GetKambium is not liable for any damages claimed by the Subscriber based on any third-party claim, including, but not limited to, any claim in negligence.

11.3                The Subscriber indemnifies GetKambium against any costs (including legal costs on an attorney/solicitor and own client basis, all and any court costs and witness fees and related legal expenses), expenses, claims, demands or liability whether direct, indirect or otherwise, and whether arising in contract, tort (including negligence), equity or otherwise, arising out of, and must at GetKambium’s request, and subject to clause 11.4 and any reasonable conditions imposed at GetKambium’s discretion, at the Subscriber’s own cost defend or settle, any claim, action or proceedings brought against GetKambium by a third party in connection with:

(1)                    Use of the GetKambium portal by the Subscriber, whether or not the Subscriber uses or has used the GetKambium portal in accordance with the agreement or as reasonably intended by GetKambium; or

(2)                    A breach by the Subscriber of the agreement.

11.4                If GetKambium wishes to rely on an indemnity under clause 11.3, GetKambium:

(1)                    must ensure that the Subscriber is notified promptly in writing of the relevant claim, action or proceedings (“Claim”) once it becomes aware of the Claim;

(2)                    will make no admission of liability regarding the Claim nor any offers of settlement regarding the Claim without the Subscriber’s written approval;

(3)                    may, at its discretion, grant control of the defence or settlement to the Subscriber;

(4)                    will, where GetKambium has granted control of the defence or settlement negotiations to the Subscriber:

    1. co-operate reasonably with the Subscriber in defending or settling the Claim and make its employees available to give statements, advice and evidence, as the Subscriber may reasonably request, all at the expense of the Subscriber; and
    2. give the Subscriber sufficient authority and relevant information in its possession or control in order to assist the Subscriber to conduct the defence of the Claim and all negotiations for its settlement or compromise.

12              Dispute resolution

12.1                In the event of any dispute arising between the parties in relation to the Agreement, no party may commence any proceedings relating to the dispute (except where the party seeks urgent interlocutory relief) unless that party has complied with the procedures in this clause 12.

12.2                The party initiating the dispute (“the first party”) must provide written notice of the dispute to the other party (“the other party”) and nominate in that notice the first party’s representative for the negotiations.  The other party must within fourteen days of receipt of the notice, give written notice to the first party naming its representative for the negotiations (“Other Party’s Notice”). Each nominated representative will have authority to settle or resolve the dispute. The parties will co-operate with each other and endeavour to resolve the dispute through discussion and negotiation.

12.3                If the dispute is not resolved within one month following the date of the Other Party’s Notice (or such longer period agreed by the parties in writing), either party may utilize any other legal remedies available to it in seeking to resolve the dispute, including independent medation.

13              Consumer guarantees

13.1                The Subscriber acknowledges that where it signs up to the Free Subscription or purchases a subscription to acquire access to the GetKambium Portal for the purposes of a business, to the extent permitted by the relevant legislation, any statutory consumer guarantees or legislation that are intended to apply to non-business consumers only will not apply

14              Force majeure

14.1                GetKambium may suspend its obligations to perform under the Agreement if it is unable to perform as a direct result of a Force Majeure Event. Any such suspension of performance must be limited to the period during which the Force Majeure Event continues.

14.2                Where GetKambium’s obligations have been suspended under clause 14.1 for a period of 90 days or more, the Subscriber may immediately terminate the Agreement by giving notice in writing to GetKambium.

15              General

15.1                Entire agreement: The Agreement constitutes the complete and exclusive statement of the agreement between the parties, superseding all proposals or prior agreements, oral or written, and all other communications between the parties relating to the subject matter of the Agreement.

15.2                Waiver: No exercise or failure to exercise or delay in exercising any right or remedy by a party will constitute a waiver by that party of that or any other right or remedy available to it.

15.3                Partial invalidity: If any provision of the Agreement or its application to any party or circumstance is or becomes invalid or unenforceable to any extent, the remainder of the Agreement and its application will not be affected and will remain enforceable to the greatest extent permitted by law.

15.4                Independent contractor: GetKambium is an independent contractor to the Subscriber and is in all respects independent of the Subscriber. Nothing in the Agreement constitutes either party a partner, agent, employee or joint venture of the other.

15.5                Suspension: GetKambium may suspend performance of its obligations under the Agreement for so long as it is unable to perform for reasons outside of its control.

15.6                Assignment: The Subscriber is not permitted to assign its rights under the Agreement.

16              Notices

16.1                Notices from GetKambium to the Subscriber under the Agreement will be sent to the Subscriber at the Subscriber’s contact details specified in the Subscriber Information. The Subscriber may notify GetKambium of a change to the contact details specified in the Subscriber Information, on seven days’ notice in writing to GetKambium. Notices from the Subscriber to GetKambium under the Agreement must be sent to GetKambium at GetKambium’s relevant office, details included on GetKambium’s website.

16.2                Notices sent by email will be deemed received on sending, provided that the sender does not receive an automatic delivery failure notification. Notices sent by post will be deemed received:

(1)                    on the third day following posting if sent and received locally (not internationally); and

(2)                    on the tenth day following posting if posted internationally.

17              Governing law and jurisdiction:

17.1                The Agreement is governed by the laws of New Zealand. The parties hereby submit to the non-exclusive jurisdiction of the courts of New Zealand.

18              Definitions: In these terms and conditions:

“Agreement” has the meaning given to that term in clause 1.2 above;

“Claim” means a claim, submitted by the Subscriber to GetKambium in writing, that the Monthly Uptime Commitment has not been met (claims are subject to GetKambium determining whether or not an Exception Factor applied);

“Confidential Information” means any proprietary information, know-how and data disclosed or made available by one party to the other party but does not include any information which:

(1)                    is in the public domain without any breach of the Agreement;

(2)                    on receipt by the other party is already known by that party;

(3)                    is at any time after the date of receipt by the other party, received in good faith by that party from a third party;

(4)                    required by law to be disclosed by the other party;

“Subscriber” means the customer named in the Subscriber Information;

“Subscriber Information” means the customer name, email address and any other contact information submitted by or on behalf of a customer:

(1)                    to GetKambium in the course of agreeing to purchase (or signing up to the Free Subscription) of the GetKambium Portal;

(2)                    at a Purchase Location in the course of agreeing to purchase (or agreeing to a Trial) the GetKambium Portal;

“Subscriber’s Integrated Services and Products” means services or products (including third party services or products) which are integrated (in any way) by or for the Subscriber with the GetKambium Portal, regardless of who undertakes that integration work or how it is undertaken;

“Data” means the Subscriber’s data that is entered by the Subscriber and processed in the course of provision of the GetKambium Portal and includes where the context permits, the ‘Personal Data’ (as defined in the attached GDPR and Data Protection Schedule);

“Data Protection Attachments” means the US Data Protection Addendum, the UK GDPR Attachment and the GDPR Attachment (attached as Data Protection Schedules, as applicable);

“Data Protection Laws” means any and all laws relating to Personal Data (including data security, protection, privacy or the processing of Personal Data), and includes any statutory modification or re-enactment of such laws for the time being in force; 

“Exception Factors” means factors the existence of which mean GetKambium cannot ensure availability of the GetKambium Portal, as described in clause 3.3; “Force Majeure Event” means any war, riot, third party strike, pandemic, civil emergency, natural disaster or other circumstance of a similar nature that is outside of the control of the affected party;

“Hosting” means the Standard Hosting or if applicable, the Selected Hosting and is subject to the Monthly Uptime Commitment;

“Intellectual Property” includes all copyright, trademarks, designs, patents, domain names, concepts, know-how, trade secrets, logos and all other similar property and rights whether registered or unregistered;

“Monthly Uptime Commitment” (where applicable) means the monthly uptime commitment made by GetKambium for the GetKambium Portal, relevant to the Hosting, as notified in writing by GetKambium or Authorized Partner or by written notification at the Purchase Location, prior to purchase;

“Permitted Users” means:

(a)                    employees, directors or contractors of the Subscriber; and

(b)                    where the Selected Options include options for selecting the number of permitted users, not more than the number of employees, directors or contractors selected;

“Personal Data” means any information:

(a)             relating to an identified or identifiable individual;

(b)             that is ‘personal information’, ‘personal data’, or similar terms under applicable Data Protection Laws; or

(c)             linked to, associated with, or combined with information identified in (a) or (b) above; 

“Personal Data Breach” means unauthorised access to, unauthorised disclosure of, or loss of, Personal Data (being Personal Data that is Processed by GetKambium under this Agreement), or any equivalent definition in relevant Data Protection Laws;

“Planned Maintenance” means maintenance on all or any part of the GetKambium Portal Systems and if applicable to the Agreement will be undertaken at times notified to the Subscriber in writing;

“Processing” has the meaning given to that term in the Data Protection Laws, in respect of any operation which is performed on Personal Data by GetKambium (whether or not by automated means, and includes but is not limited to collection, recording or storage of the Personal Data), and ‘Process’ and ‘Processed’ has/have a corresponding meaning;

“Purchase Location” means via the online properties available at https://getkambium.com;

“Relevant Pricing” means the pricing for the GetKambium Portal that is notified in writing to the Subscriber by GetKambium or by the relevant Authorized Partner prior to the purchase by the Subscriber or made available at the Purchase Location, and:

(a)    includes Standard Hosting or Selected Hosting as applicable;

(b)    where Selected Options apply, means or includes (as applicable) the pricing for the Selected Options;

“GetKambium Portal” means the software-as-a-service supplied by GetKambium and selected by the Subscriber at the Purchase Location, as modified from time to time by GetKambium;

“‘GetKambium’ Systems” means, as the context permits, the software used by GetKambium to provide the GetKambium Portal and/or the equipment on which that software is installed (whether this is GetKambium’s software or equipment or is third party software or equipment);

“Security Breach” means access or disclosure of the Data to or by anyone other than the Permitted Users where the access or disclosure occurs through bypassing the security mechanisms of the GetKambium Portal Systems;

“Selected Hosting” if there are hosting options other than Standard Hosting, means the hosting selected by the Subscriber from the options offered by GetKambium to the Subscriber;

“Selected Options” means, if there are options to choose from for provision of the GetKambium Portal, the options for provision of the GetKambium Portal selected by the Subscriber by agreement with GetKambium, an Authorized Partner or at the Purchase Location (the options may include for example, the Selected Hosting (if applicable), Support Services options, the maximum number of users or the term for which the GetKambium Portal is to be provided);

“Service Credit” means GetKambium’s service credits (if any), details of which are available on request from GetKambium or relevant Authorized Partner (as applicable) or specified at the Purchase Location;

“Support Schedule” means the support schedule which is either attached to these End User Terms or separately provided by GetKambium or Authorized Partner or made available at the Purchase Location, prior to purchase;

“Support Services” means the support services provided under the Support Schedule;

“Standard Hosting” means GetKambium’s standard hosting offering for the GetKambium Portal as notified by GetKambium to the Subscriber (or if not notified, details are available on request from GetKambium);

18.2                Interpretation: In these terms and conditions:

(1)                    reference to the plural includes reference to the singular, and vice versa;

(2)                    headings inserted for convenience of reference only and do not affect the interpretation of the Agreement.

19              Schedules

19.1                Schedules references are included as referred to :

(1)                    Support Services Schedule (https://getkambium.com/support-services-schedule/)

(2)                    US Data Protection Addendum  (https://getkambium.com/data-protection-schedule-1-us-data-protection-addendum)

(3)                    Data Protection Schedule 2: UK GDPR attachment (https://getkambium.com/data-protection-schedule-2-uk-gdpr-attachment/)

(4)                    Data Protection Schedule 3: UK GDPR attachment (https://getkambium.com/data-protection-schedule-3-gdpr-attachment/)