PROJECT PLANNING

MIGRATING TO ONEDRIVE AND SHAREPOINT

(Confidential)

between:

Living Textiles Co
ABN 48 642 527 259

and:

1Cyber Pty Ltd
ABN 67 634 546 857

Letter of Offer

18/05/2024

Dear Harold Lee

We are please to present to you our Project Planning Plan for OneDrive/Sharepoint Migration proposal. Enclosed within the proposal will explicitly detail all conditions of project plan and the expected outcome.

We believe that you will see that 1Cyber possess the capability to deliver upon a large number of IT services complimented with a vast range of knowledge, skills and experiences to ensure the success of providing quality service excellence for managing your technology needs for the duration we are contractually engaged to perform.

If you have any questions or concerns about this proposal, please don’t hesitate to leave a contact or email me. We hope you will consider accepting our proposal and look forward to hear from you.

Sincerely,

Danny Wong
Director
M: 0417 082 111
E: [email protected]
W: 1cyber.com.au

1. Discovery Phase

Before you even begin planning it’s important to understand, as much as you can, what content you have, who owns it, how it is structured and how important it is. This is important for many reasons, including shortening your migration time by removing redundant, obsolete, and trivial data (ROT), creating a governance plan for structuring your data and securing sensitive content, and prioritizing which segments of content may need more attention

You can create a plan that will not only save you and your organization tons of time in the long run by checking for customizations that may need to be rebuilt, functionality that can be replaced with new features, content whose stakeholders may need to be more involved in the project, and data that can be moved in its current structure and form. Doing so will also give your organization the opportunity to set up for long term success and a higher rate of adoption as your business users begin utilizing their new technologies.

Understaind the reasons and critical success factors for migrating to OneDrive and Sharepoint.

  • Cost Reduction
    To leverage the low cost of storing data for collaboration or retention, it is beneficial to consider using Microsoft OneDrive and Sharepoint which comes with 1 TB per user with a minimal Office365 basic license. Even if the total data was to extend beyond 1TB, 1Cyber will consult with you on other recommendations to keeping your cost low as compared to other 3rd party storage services.

  • Better Security Controls 
    Storing and sharing files within Office365 Onedrive or Sharepoint allows easier controls on who can access which data over the same O365 Identity protected with MFA authentication without the need to integrate between 3rd party cloud provider. In fact this capability extends to using Microsoft Teams.

    Additionally, audit controls and data loss prevention policies can be applied on the entire Office365 tenant including data share from Sharepoint and OneDrive to emailing the data outside of the organization. 

  • Backups, Restores and Retention
    By default files that are deleted into the recycle bin are purged after 30 days. This capability can be extended with additional Dropsuite license that can extend the expiry duration of all Emails, Calendar, OneDrive, Sharepoint, Teams up to 7 years retention to meet regulatory compliance requirements.

2. Setting Expectations

Expectations for using OneDrive and Sharepoint compared with 3rd party storage services. Note that these restrictions MAY NOT apply to OneDrive or Sharepoint alone as it may apply to other storage providers. It is a combination of restrictions and limitations by the base Windows operating system as well.

  • It is important to know that regardless which storage provider you use, the speed and duration of sync is mostly limited by your
    • speed of internet, – Sync is about downloads where you open a file and uploads where you make changes and send the changes back to the cloud. The internet provider speeds plays a crucial role in ensure timely changes to the use of any cloud storage.
    • speed of individual computer – All sync agents e.g. iCloud, Dropbox, GoogleDrive, ODrive, IDrive, OneDrive uses a certain about of processor, memory and disk spins. Depending on the workload a computer with better hardware specs will always perform faster than the other.
    • total number of items to sync – One hundred files in Dropbox is also one hundred files in OneDrive. Just because the storage provider changed, does not reduce the total quantity of files.
  • will allow ease of implementing delegations and permissions between different
    • departments of users
    • functions of users
    • file and folder inheritance
  • will help to reduce
    • duration of sync by only connecting folders which you need for frequent usage.
    • and/or archiving folders for data that you do not use to limit the items needed for sync.

    One folder with one hundred files is counted as 100 items while a zipped folder containing 100 files is counted as 1 item. The total number aggregate of items will determine the time taken to sync.

  • Restrictions
    • Null characters – Any file or folders beginning with a name of ” ” space or null will result in sync failure. The 1st character of any file or folder must be a number or character. 
    • Invalid characters – Certain characters have special meanings when used in file names in OneDrive, SharePoint, Windows and macOS, such as “*” for wildcards, and “\” in file name paths.
    • Invalid file or folder names – These names aren’t allowed for files or folders: .lock, CON, PRN, AUX, NUL, COM0 – COM9, LPT0 – LPT9, _vti_, desktop.ini, any filename starting with ~$.
    • Invalid or blocked file types – Temporary TMP files will not be synced to OneDrive. Files that are used by your local computer, such as desktop.ini on Windows or .ds_store on macOS, don’t normally sync. If these files do get uploaded to OneDrive during a migration, the sync app will delete the cloud copy and leave the local copy.
    • PST files – Outlook .PST files are supported, however they are synced less frequently compared to other file types to reduce network traffic. To allow uploading .PST files it must not be connected to the Outlook App as Outlook will lock the file preventing uploads and resulting in errors during sync.
    • Network or mapped drives – You can’t add a network or mapped drive as your OneDrive sync location. OneDrive doesn’t officially support syncing using symbolic links or junction points. Please check with your IT provider if you intend to sync mapped drives.
    • Elevated privileges – OneDrive can’t be run with elevated privileges, and you will not be able to see OneDrive menu items within File Explorer.
    • Sharing Folders– When sharing a folder, the total number of sub-items contained within it and its sub-folders is limited to 50,000. Please check with your IT Provider for a workaround.
    • Applying Permissions – When applying permissions to a folder or subfolder, the total number of sub-items contained within it and its sub-folders is limited to 50,000. Please check with your IT Provider for a workaround.
    • Number of OneDrive accounts – There are limits to the number of accounts that can be concurrently signed in and syncing. Each device is allowed a maximum of one OneDrive for home account and nine OneDrive for work or school accounts.
    • Authenticated proxies – If you see the error message “Your proxy settings require authentication” or the error code 0x8004de42 when trying to sign in to OneDrive, please check you are not using an authenticated proxy to connect to OneDrive.
    • OneNote notebooks – OneNote notebooks have their own sync mechanism outside of OneDrive. If you plan on sharing a OneNote notebook—with yourself or others—it’s best to create it on OneDrive right from the start. Moving an existing OneNote notebook into a folder synced by OneDrive without going through the OneNote application isn’t currently supported.
  •  Limitations
    • File name and path lengths – Different apps and Office versions have different limits, and the combination of limitations may be unique to your setup. The entire decoded file path, including the file name, can’t contain more than 400 characters for OneDrive, OneDrive for work or school and SharePoint in Microsoft 365. The limit applies to the combination of the folder path and file name after decoding.
    • Each segment of the path – (a segment is a file name or folder name like “Promotion” or “Some File.xlsx” in the examples above) can’t be more than 255 characters due to operating system limitations.
    • Thumbnails and previews – Thumbnails are not generated for images larger than 100 MB. PDF previews are not generated for files larger than 100 MB.
    • Number of items that can be synced or copied – For optimum performance, 1Cyber recommends syncing no more than a total of 300,000 files across your cloud storage. Performance issues can occur if you have more than 300,000 items, even if you are not syncing all items.
    • Metadata will be lost – It is a limitation that metadata on files migrating from one source to another source will be lost such as file creation date, last modified date, revision history saved on another storage provider.

  • Microsoft Sharepoint

    • Typically Microsoft Sharepoint is used to create a internal business portal used by employees with the ability to add free/paid apps within to provide additional functions.
    • While storing data is possible, there is a typically aggregated size limit of 1TB + (10GB per eligible licensed user). Normally, unless you are a registered Not-For-Profit organization with Microsoft, you will not enjoy a substantial free amount of cloud storage space.
    • Extending Sharepoint space can be costly at $0.03 per GB exceeding your current capacity and it would have made little economic sense embark the journey of migrating away from your current storage provider if there are not cost benefits.

    Microsoft OneDrive

    • Technically in terms of storage capability, the drive used by Sharepoint and OneDrive are actually the same storage space. 
    • If the capacity of the data is the driving factor, we would recommend to use a User License to host all company data with the *option to extend this space up to 25TB. 
    • This expansion option is not an automatic process and requires
      1. Additional Sharepoint Plan 2 license for each user that is hosting data.
      2. IT support to request the expansion only when the upper limit of the storage capacity is reached typically at 90%

  • Beyond 5TB of Data

    • Storing 5TB of data storage and getting multiple computers to sync 5TB of data may not be an ideal design and setup because it will continously strain the computers indexing, tracking and updating the changes to the data store. 
    • This will inevitably cause slowness to the connecting computers and result in very bad user experience to users trying to do work but waiting for the syncing files to catch up.
    • This is not a Sharepoint or OneDrive issue but rather a typical quantitative issue. Regardless the storage provider you use, the larger the number of  files you are trying to sync will always translate into higher internet usage  to send/receive and higher process/memory usage on the computer trying to index/track/update those files. 
    • Quarterly or annual housekeep to archive non-active files away to another storage such as an archive OneDrive and avoid syncing the drive will remove the need for computers to track changes continuously.
    • Accessing archive OneDrive is possible and recommended via a browser such as Chrome, Edge or Firefox.
  • Backups, Restore and Retention
    • A storage facility is not a backup facility. It is design to be used as working directory containing one copy of each file.
    • With Sharepoint / Onedrive when files are being worked upon, it creates versions of office files such as excel, word, powerpoint (albeit the caveat depends on your internet connection), which you can see who made changes to the files and provide the option to restore the file.
    • As you continue to meddle between versions, you might end up losing or overriding content which you never intended to restore or save.
    • With Sharepoint / Onedrive when you delete a file whether intentionally or accidentally, the default recycle bin’s purge retention policy is set at 30 days.
    • If files are not restore during the purge retention period, then those files are pemanently lost.
    • As a standard recommendation, 1Cyber would normally insist on having additional backup licenses such as dropsuite to ensure continous backup to at the very least your business data store.
    • Ideally, the backup solution should be applied to license every user especially if there are regulatory compliance requirements to retain 7 years worth of data. However, bear in mind to at the very least run a backup solution for the business data to be able to recover from various data loss scenarios.
    • Although this will unfortunately increase your opex cost having to pay for a backup solution however the security posture is simple. If you did not backup your data, you will not have the option to restore your data. 

  • Collaborative Work

    1. There are 2 methods to collaboratively work on the same office file such as powerpoint, excel or word by multiple users. 
    2. Users could open the file on their own computer’s powerpoint, excel or word app and start editing directly.
    3. In this scenario, syncing process will involve the OneDrive app to track the changes simultaneously on each individual computers and send the changes back to Microsoft server.
    4. Depending on each user’s internet speed and performance of their computers, the experience of collaborating on the same document in this method may vary.
    5. Internet dropouts and individual computer lagging in performance may cause files to fail the syncing process and result in prompts asking for files to be duplicated, overwritten or deleted.
    6. To create a consistent and more pleasent collaborative work editing the same file, we recommend to edit the files online directly over a browser using https://office.com. This will avoid the need of the local OneDrive app to track and perform the changes and result in a more consistent and responsive realtime experience

3. Preparation Phase

Preparation phase typically involves lots of interdepartmental communication. As you gather details, focus on the end user experience and how the future structure will relate back to the implementation.

Once have a good idea of the types and structure of the content you need to move, segment the information you have gathered and communicate with business stakeholders to understand what is important to them. Discuss security, structure, features that may need to interact with the data in the new destination, and how the content itself ties in to the business user’s daily tasks.

As you plan, keep in mind that there may be third-party tools that can help you make your requirements a reality

Normally security groups reflect upon the organization’s functional division. Groups are created to ease administrative effort when new joiners are onboarded and resignees are offboarded. Security and delegations are inherited as a group rather than implemented individually.

Example of User Security Groups

During the discovery phase, the division of folders would have been documented as a the source while the designation folder struction have to be decided if the existing division will be retained or redesigned.

Typically, redesigning the folder structure provides a chance to tidy up how data can adopt data privacy and confidentiality classifications. You can refer to our reference policy on Security Policies – Data Classification.

If the existing folder structure will be adopted, then the data transfer will simply upload like-for-like however if a new folder structure would be adopted, then guidance from the business or department owners will be required to provide a folder mapping structure so that there will be no delays in data retransfer or redo.

Example of Folder Structure Mappings

Now that the “User Security Groups” and “Folder Structure” are confirmed, we can proceed to connect them together by assigning which groups are allow to READ or READ/WRITE into the respective folders.

Example of Mapping User Security Groups to Folder Structure.

Successful implementation of any projects always involves clear communications to all stakeholders and users about

  • What is going to happen?
  • Why is this happening?
  • When it is going to happen?
  • How long is the duration of the project?
  • What is expected to be done by the users?
  • Who and how to contact if help is needed?


Communications works bi-directionally. It is important for the implementors to receive a list of user list and user contact information so that we can call the users to setup, configure, follow up, respond, fix, support any issues that is reported.

A list of users who will be affected by implementation will be requested

  • First Name
  • Last Name
  • Mobile Number
  • Email Address

All users expected to use the Sharepoint / OneDrive shared folders needs to be connected via the OneDrive app which is the broker service that takes care of tracking changes and syncing changes to folders and files.

During this preparation phase, 1Cyber will need to contact every User’s machine to check and configure their OneDrive app to make sure they are licensed, configured and pre-mapped to receive the data once the migration is underway.

To ensure a 100% success rate of the migration, any limits of accessing and transferring of the data from the source must be addressed.

  • If the internet speeds of the customer’s premises is slow, we can preform a pre-sync of data into the OneDrive however, the pre-sync data is NOT meant to be used by users for changes.
  • Pre-syncing the source data might take weeks to an entire month but it will fully address to upload the primary bulk of data while having a broker service to handle the daily delta changes.
  • If the source data is NOT located on-premises e.g. Google Drive, Dropbox or other third party sources, we could entirely skip using the Customer’s premise internet to perform the migration.
  • 1Cyber has internet facilities matching up to near 1TB of upstream and downstream internet speeds which can be used to perform the entirety of the data migration offsite.
  • Should strict data privacy and sovereignty be enforced by customer, we could explore the use of a temporary spinned up Azure instance fully owned by the Customer’s O365 tenant to perform the migration for the duration of the project. Although this will increase the cost of the migration, the protocols of enforcing strict data privacy and sovereignty will be achieved.
  • Pre-syncing datastore can be further complimented with pre-backup with the dropsuite license injected and running in parallel with the upload progressing. This offers additional data protection against data loss during migration.

Once the Mappings of the user security groups and folder structure are firmed up, we can then proceed to 

  • Prescan the source data for potential long paths.
  • Prescan the source data for potential invalid characters on folders names and file names. 
  • Precreate the folders on standby to receive the data.
  • Preassign permissions to the folders with the user security groups.
  • Preshare the folders to the target users expected to receive the new shared folders.
  • Preconfigure individual acounts to add the shared drives into their personal OneDrive.
  • Preconfigure individual computers to map the shared drives into their Windows explorer such that on migration day, there is no need to rush and visit every user to perform the mappings.

4. Migration Phase

If the initial planning process was well adhere to, there would unlikely be any surprises during the execution of the migration. 

During the preparation phase, if the data source was pre-synced, then the activity involving migration would include:

  1. Ensuring files are closed by users prior to checking completion of delta changes.
  2. Ensuring delta changes are fully synced.
  3. Moving data from the pre-sync folders into the Sharepoint/OneDrive folders.
  4. Addressing any errors that could surface during the migration phase.
  5. Checking the post data-backup are running and syncing as changes are finalized.
  6. Check if user has personal folders and files stored in their personal 3rd party storage provider and move the data to their own personal OneDrive storage.
  7. Update customers on the progress and completion of migration.


If the data source was NOT pre-synced during the preparation phase, then the activity involving migration would include:

  1. Ensuring files are closed by users prior to checking completion of delta changes.
  2. Uploading data from source into the Sharepoint/OneDrive folders in batches noting the quantitative and capacity limits of each upload.
  3. Addressing any errors that could surface during the migration phase.
  4. Checking the post data-backup are running and syncing as changes are finalized.
  5. Check if user has personal folders and files stored in their personal 3rd party storage provider and move the data to their own personal OneDrive storage.
  6. Update customers on the progress and completion of migration.

The duration of migration is no doubt be much longer if pre-sync was not employed.

 

5. Post Implementation Checks

Typically, the Sharepoint/OneDrive migration project would be scheduled to occur over a weekend, or an extended weekend where possible and if the dataset is extremely huge. In some cases, the migration may be throttled to occur over several weekends in pre-agreed batches.

Once the final confirmation is received that the data has been successfully migrated, the following activities will occur

  1. Perform selective restoration to confirm that the data can be retrieved from backups. This will also increase the confidence levels of the customer that their data is fully recoverable in any unforeseen data loss scenarios.
  2. Check with users to confirm if they are having any issues with accessing and synching from the new data source?
  3. Provide support to unmapped, uninstall and clean up user’s machines from the old data source to avoid user from accidentally updating new work data into the wrong data store.
  4. Login to the original storage provider and decommission user licenses and shares.

1Cyber recommends to keep the previous storage provider’s subscription for a fixed period e.g. another month in any unforeseen circumstances that requires access and verification.

Agreement Details

Service Provider Details

  • Name of Service Provider: 1Cyber Pty Ltd
  • ABN of Service Provider: 67 634 546 857
  • Name of Service Provider's Representative: Michael Tran
  • Email Address of Service Provider's Representative: [email protected]
  • Contact Number of Service Provider's Representative: 0409 900 049
  • Address of Service Provider: 81-83 Campbell Street, Surry Hills, NSW 2010

Customer Details

  • Name of Customer: Living Textiles Co
  • ABN of Customer: ABN 12 065 394 818
  • Name of Customer's Representative: Harold Lee
  • Email Address of Customer's Representative: [email protected]
  • Contact Number of Customer's Representative: +61 451 650 388
  • Address of Customer: 40 Edwin St MORTLAKE, 2137 NSW Australia

Commencement Date and Period of Contract

  • Commencement Date: 18 Oct 2024
  • Duration of Project: 1 Week

Certificate of Currency by Service Provider

  • Insurance Provider: CHUBB
  • Policy Number: ICLS000078
  • Professional Liability: $1,000,000
  • Public Liability: $10,000,000
  • Products Liability: $10,000.000

Service Price

No.
Item
Description
Quantity
Unit Price
Amount (AUD)
1
Microsoft Office 365 Basic License (Annual)
Primary Data Store
1
$129.60
$129.60
2
Microsoft Sharepoint Plan 2 License (Annual)
Extend Storage to 5TB
1
$199.00
$199.00
3
Dropsuite License (Annual)
Backups
1
$120.00
$120.00
4
Consultation and Labor Cost (Once Off)
Setup Per User
16
$75.00
$1200.00
4
Data Migration (Once Off)
Data Migration over weekend
8
$150.00
$1200.00
Subtotal
$2848.60
GST 10.00%
$284.86
Total
$3133.46
  • Please read the agreement on the previous page to make sure you understand all the details involved with us working together. It’s really important to us that everything is transparent and understood from the beginning so that we lay a solid foundation for a great working relationship. If you have any questions at all, please let us know. We’re happy to clarify any points or amend to agree and there may be some items that we can sort out together. We’re committed to finding the best way to work together.
  • Once you feel confident about everything and are ready to move forward, please sign to accept the agreement. Once we receive notification of your acceptance, we’ll contact you shortly to sort out next steps

Terms And Conditions

  1. These are the terms and conditions (“Terms”) on which 1Cyber (“We/Us/Our/1Cyber”) agree to supply to you (“You”/the “Client”) the services (“Services”) or products (“Products”) described overleaf (“Quote”).
  2. Please ensure that you read these Terms carefully, and check that the details on the Quote and in these Terms are complete and accurate, before you sign the Quote. If you think that there is a mistake or require any changes, please contact Us to discuss. We will confirm any changes in writing to avoid any confusion between you and Us.
  3. Notwithstanding that you have accepted Our Quote, we reserve the right at all times to revise the Quote or to refuse to honor the Quote. Your acceptance of our Quote constitutes an offer to Us to provide you the Services or the Products in the Quote.
  4. These Terms will become binding on you and Us and a contract (the Contract) will arise when We contact you in writing to inform that We will provide you with the Services and/or Products in the Quote. And the date We notify you of this will be the date of the Contract.
  5. If any of these Terms conflict with any term of the Contract, these Terms shall prevail.
  1. We may revise these Terms from time to time.
  2. If We have to revise these Terms under clause 2, We will give you at least three (3) business day’s written notice of any changes to these Terms before they take effect. You can choose to cancel the Contract in accordance with the Terms.
  3. If you wish to cancel the Contract before it has been fulfilled, please see your right to do so in clause 8.
  1. We will make every effort to complete the Services or to supply the Products in a timely manner. However, there may be delays due to an Event Outside Our Control. See clause 7 for Our responsibilities when an Event Outside Our Control happens. Any hours of IT support and maintenance to be provided by Us shall expire if not utilised within ninety days from the date of the Contract.
  2. If you do not, after being asked by Us, provide Us with any information or document We have requested for, or if you provide Us with incomplete or incorrect information or documents (the “Requested Information”), We may make an additional charge of a reasonable sum to cover any extra work that may be required, or We may suspend the Services by giving you written notice. We will not be liable for any delay or non-performance where you have not provided the Requested Information.
  3. We may suspend the Services if payment for the Services is not received as provided for in clause 5.1. We will give you written notice before we do so. Our right under Clause 5.2 to charge you interest continues notwithstanding the Services have been suspended.
  4. We own the copyright, design right and all other intellectual property rights in the Products and any drafts, drawings or illustrations We make in connection with the Services for you. However, once full payment is made in accordance with clause 5.1, We may agree to assign all intellectual property rights in the final version of the Products to you on terms to be agreed.
  5.  
  1. Product Warranty. Subject to Clause 4.3, We warrant that during the Warranty Period, the Products that We supply or provide to you are free from defects and fit for the purposes stated in the Contract. In addition to any manufacturer or supplier warranty, if there is a defect in any of the Products during the Warranty Period, We will assist at no cost to you with liaising with that Product’s manufacturer or supplier to rectify the defect or replace that Product. In this Clause, Warranty Period means a period of 90-days from the date that Product is delivered to you.
  2. Service Warranty. Subject to Clause 4.3, We warrant that during the Warranty Period, the Services that We supply or provide you are supplied or provided to you with reasonable care and diligence in accordance with the terms of the Contract. If there is any defect in the quality of our Service during the Warranty Period, We will rectify the defect at no cost to you. In this Clause, Warranty Period means a period of 90-days from the date that Service was completed or performed.
  3. Voiding of Product Warranty or Service Warranty (hereafter, the “Warranties”). For the Warranties to apply, you must: (a) notify Us immediately or in any case within twenty-four (24) hours of the discovery of the defect in the Product or the defect in the quality of the Service; and (b) give Us the first and reasonable opportunity to rectify or repair any defect. The Warranties in this Clause will be voided immediately if you or any third parties interfere with the Product or the Service before We have the opportunity to rectify or repair the defect.
  4.  
  1. Unless otherwise stated, all prices in our Quote for the Product or the Service is exclusive of GST. You will pay any and all applicable taxes or GST on the price for the Products or the Services.
  2. We may ask you to make an advance payment of the price for the Services and Products that you ask Us to provide or supply to You. If we do so, We will issue you with an invoice for the advance payment. Your rights to a refund of any advance payment on cancellation are set out in Clause 8. We will invoice you for the balance of the price for the Services and/or the Products on or any time after We have performed the Services or delivered the Products, whichever is the earlier. All invoiced amounts are immediately due and payable as from the date of the invoice. Late Payment Charge (LPC) will apply if payment is not received within 7 calendar days from the date of the invoice (hereafter, the Original Invoice).
  3. LPC means a charge of a sum representing ten (10) per cent (%) of the unpaid balance of the Original Invoice and invoiced to you in our reminder invoices. Until full payment of the Original Invoice, We will issue you with reminder invoices at the first instance on the fourteenth (14th) day of non-payment and thereafter on each seven (7) day period of non-payment. These reminder invoices will state the unpaid balance of the Original Invoice and the LPC due and payable.
  4. If you choose to pay by credit card, you agree to pay a credit card charge of 2.9 per cent (%) on the total price for the Product and/or the Service.
  5. We retain the title in all the Products supplied to until full payment for them is received.
  6.  
  1. In this clause:
    1. A reference to We, Us, Our or 1Cyber also includes its directors, principals and employees.
    2. A reference to “you” or the “Client” also includes its directors, principals and employees, your shareholders, subsidiaries or associated or related parties.
    3. A reference to “Claim” means any and all actions, losses, damages, claims, liabilities, costs, and expenses (including without limitation, reasonable legal fees and expenses) brought against, paid or incurred by any of them at any time, in any way arising out of or relating to the Contract or any contract with Us.
    4. A reference to “Loss” means and includes loss of profit, loss of business, business interruption, or loss of business opportunity, any consequential, special, indirect, incidental, punitive or exemplary loss, damage, cost or expenses (including, without limitation, lost profits and opportunity costs), relating to or arising in connection with this Contract.
  2. Our liability to you for any Loss is excluded to the fullest extent possible under law.
  3. You warrant that any material you provide Us does not infringe any person’s intellectual property rights (“IPR”). You indemnify and hold 1Cyber harmless against any Claim by third parties for IPR infringement arising from the material you provide us.
  4. 1Cyber shall not be liable to the Client in respect of any Claim. In no event shall 1Cyber be liable to you for any Loss. The Client undertakes to fully indemnify and hold 1Cyber harmless from any Loss and against all Claims.
  5.  
  1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by an Event Outside Our Control.
  2. An Event Outside Our Control means any act or event beyond Our reasonable control. It includes but is not limited to unavailability of key personnel or unavailability of key materials that would make rendering our services or supplying our products more expensive than it, in our sole discretion, ordinarily would cost. If any Event Outside Our Control takes place that affects the performance of Our obligations under these Terms:
    1. We will contact you as soon as reasonably possible to notify you; and
    2. Our obligations under these Terms will be suspended and the time for performance of Our obligations will be extended for duration of the Event Outside Our Control. Where the Event Outside Our Control affects Our performance of Services to you, We will resume the Services as soon as reasonably possible after the Event Outside Our Control is over.
  3. You may cancel the Contract if an Event Outside Our Control takes place and you no longer wish Us to provide the Services. Please see your cancellation rights under clause 8. We will only cancel the Contract if the Event Outside Our Control continues for longer than 10 weeks in accordance with Our cancellation rights in clause 8.
  1. You may cancel the Contract in the following circumstances:
    1. before We begin to provide the Services; or
    2. if We change these Terms under clause 2.1 to your material disadvantage; or
    3. by giving Us at least 30 calendar days’ notice in writing; or
    4. We break this contract in any material way and We do not correct or fix the situation within 14 days of you asking Us to in writing;
    5. We break this contract in any material way and We do not correct or fix the situation within 14 days of you asking Us to in writing;
    6. We go into liquidation or a receiver or an administrator is appointed over Our assets;.
  2. If you cancel the Contract under clause 8.1(a) and you have made any payment in advance for Services that have not been provided to you, We will refund these amounts to you.
  3. If you cancel the Contract under clause 8.1(b) and We have already started work on the Contract by that time, you will pay Us any costs We reasonably incurred in starting to fulfill the Contract, and this charge will be deducted from any refund that is due to you or, if no refund is due to you, this charge will be invoiced to you. We will tell you what these costs are when you contact Us.
  4. If you cancel the Contract under clause 8.1(c), any advance payment you have made for Services that have not been provided will be refunded to you. If We have already started work on the Contract by that time, you will pay Us any costs We reasonably incurred in starting to fulfill the Contract, and this charge will be deducted from any refund that is due to you or, if no refund is due to you, this charge will be invoiced to you. We will tell you what these costs are when you contact Us.
  5.  
  1. We may cancel the Contract before we provide the Services due to Events outside Our Control. We will promptly contact you if this happens.
  2. In the course of providing the Services to you, We may cancel the Contract at any time by giving you seven (7) days written notice.
  3. If we cancel the Contract under clause 9.1 and clause 9.2 and you have made any payment in advance for Services that have not been provided to you (the “Unused Service”), We will refund you the value of the Unused Service after deducting the Admin Fee. Our Admin Fee is an amount equivalent to 10 per cent of the value of the Unused Service.
  4. We may cancel the contract for Services at any time with immediate effect by giving you written notice if:
    1. you do not pay Us when you are supposed to as set out in clause 5.1. This does not affect Our right to charge you interest under clause 5.2; or
    2. you breach the Contract in any other material way and you do not rectify the breach within 7 days of Us asking you to in writing.
  1. We may transfer Our rights and obligations under these Terms to another organisation, and We will always notify you in writing if this happens, but this will not affect your rights or Our obligations under these Terms.
  2. You may only transfer your rights or your obligations under These Terms to another person if We agree in writing.
  3. This Contract is between you and Us. No other person shall have any rights to enforce any of its terms.
  4. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
  5. If We fail to insist that you perform any of your obligations under these Terms, or if We do not enforce Our rights against you, or if We delay in doing so, that shall not mean that We have waived Our rights against you and shall not mean that you do not have to comply with those obligations. If We do waive a default by you, We will only do so in writing, and that shall not mean that We will automatically waive any later default by you.
  6. These Terms are governed by the law of South Australia. You and We both agree to submit to the exclusive jurisdiction of the courts of South Australia.
  7. The Contract is the entire agreement between Us and You. The only enforceable obligations that We owe to You or that You owe to Us are those that arise out of the provisions contained in the Contract. Any and all representations, communications and prior agreements are merged into and superseded by the Contract.
  8.  
  1. 1Cyber strictly disallows Mass Mailing, Spamming, Sending out newsletters of any kind on our servers. Violation of this rule will result in termination of hosting account without refund. We recommend that you setup SMTP to ensure emails sent out from our servers are not detected as spam mails.

Agreement Signatory

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I and any nominated contacts are authorised to request the service orders, changes/upgrades, porting and or transfer of existing services and installation components as detailed in this agreement. Upon acceptance, this agreement shall become an order and agreement with 1Cyber Pty Ltd for the Terms stated above.

Execution of the Agreement – Signed for and on behalf of
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