This Hosted Application Service Agreement (“HASA”) is a legal agreement between the organization or entity, (“The Customer” or “You/Your”) and Concord Australia Pty Ltd (“Concord” or “We”) which covers the terms and conditions applicable between Concord and The Customer for Concord to provide software hosting services (“The Services”) to The Customer. These Concord Terms and Conditions are incorporated into Concord Privacy Policy by this reference.

It is comprised of four (4) sections:

Concord may modify this HASA at any time without notice. Any modification is effective upon posting the modifications to your hosted service website and informing you of modifications in an appropriate manner, e.g. in-situ notice or email. Continued use of The Services constitutes Your acceptance of such modifications and acknowledgement that this HASA supersedes any other agreements.

Concord agrees to provide The Services to You and You agree to pay Concord for The Services subject to the following terms and conditions:

1. 1.1. Term, Renewal and Termination:
   1. The effective date of this Agreement shall be the earlier of either:
      1. the date on which You are first notified by Concord of The Services availability, or
      2. the date on which You first log on to The Services.
   2. Unless otherwise agreed in writing, this Agreement shall be for an initial term of twelve (12) months.
   3. This Agreement shall be automatically renewed for twelve (12) months, unless terminated by either party by giving ninety (90) days written notice to the other party prior to expiration of the initial term or any successive term.
   4. No later than thirty (30) days prior to termination of The Services, You shall advise Concord in writing as to the disposition of Your bibliographic, holdings, and current circulation data that is stored as part of The Services. Subject to payment of the data Transfer Fee and subject to payment of any outstanding invoices or fees due, Concord shall arrange for transfer in electronic format of such data in a standard format to You no later than ten (10) days after termination of The Services and receipt of Transfer Fee, after which Your data shall be deleted by Concord. In the event no disposition instructions are provided, or payment of the Transfer Fee is not made, Your data shall be deleted by Concord on termination.
   5. In the event of early termination by The Customer, You remain liable for any unpaid Fees and agree to pay Concord for any period remaining in the term.
   6. Failure to comply with the clauses Acceptable Use of Bandwidth, Acceptable Patron Data Transfer, or Acceptable Import of Bibliographic Data in the section Hosted Application Service Level Policy (HASLP) may lead to immediate suspension or termination of the service.
2. 1.2. Subscription Fees and Payments:
   1. The Customer shall pay Concord a subscription fee (the “Subscription Fee”) in the amount and for the duration that The Customer has contracted for this Agreement.
   2. Subscription Fees for The Service term and The Services shall be invoiced in advance and shall be payable on receipt or in accordance with any payment terms that are included on the invoice.
   3. Subscription Fees are subject to annual review based on continued improvement of The Services and may increase by the CPI plus 5% or as agreed from Service Term to Service Term.
   4. If payment is not made within twenty-eight (28) days of the invoice date, a one and one-half percent (1.5%) per month interest charge shall be assessed until date of payment. If payment is not made within twenty-eight (28) days of the invoice date, Concord reserves the right to terminate The Services and to delete Your data and content.
3. 1.3. The Services Provided:
   1. Concord shall host Your licensed copy of the Concord software system (“The Software”).
   2. Concord shall provide You with application level access to The Software via an internet Uniform Resource Locator (URL) together with a User ID and Password. No direct access to server hardware, operating system, database management system or other system resources shall be provided.
   3. Concord shall store Your data created and managed by The Software, including files, text and parameters.
   4. Your data shall be backed up on a separate storage system at daily intervals.
   5. Data recovery from backup shall be free if data recovery is required as the result of Concord error.
   6. The volume of data storage and transfer for You, shall comply with the clause 3.7 Acceptable Use: Storage, data transfer and server resources are in a shared environment in the Hosted Application Service Level Policy (HASLP) section unless otherwise agreed in writing by Concord.
   7. The Services are provided subject to the terms and conditions of each section of this HASA.
4. 1.4. Authorized Usage:
   1. Customer agrees that access to The Services shall be restricted to only Your registered community members including; administrators, teachers, employees, parents, and students.
   2. Customer shall use commercially reasonable efforts to protect User IDs and Passwords.
   3. Concord is not liable in any way for protecting user IDs and Passwords shared by their respective owner or by the Customer.
   4. Customer agrees that authorized Concord support personnel may access The Software as required to diagnose and resolve technical issues.
   5. Customer agrees not to publish any personal or administrative Concord account credentials on the public Internet.
   6. Customer agrees to change the account credentials for any personal or administrative Concord account it discovers have been published on any media or forum accessible by unauthorised parties.
5. 1.5. Limited Warranty: Concord warrants that The Services as delivered will conform substantially in accordance with the HASLP for the term of The Services. Customer acknowledges that Concord does not warrant that The Services shall perform in accordance with the HASLP if the Customer has modified The Software in any way. Customer acknowledges that Concord does not warrant that The Services shall be uninterrupted or error-free.
6. 1.6. Customer Remedies: Concord’s entire liability and Customer’s exclusive remedy shall be as defined in this Agreement. No other remedies are provided to The Customer under this Agreement.
7. 1.7. NO OTHER WARRANTIES: EXCEPT FOR THE EXPRESS WARRANTIES STATED ABOVE, AND TO THE EXTENT PERMITTED BY LAW, CONCORD DISCLAIMS ALL OTHER WARRANTIES WHETHER EXPRESS OR IMPLIED. BY WAY OF EXAMPLE BUT NOT LIMITATION, WITH RESPECT TO THE SOFTWARE AND ANY ACCOMPANYING USER DOCUMENTATION AND MEDIA, CONCORD MAKES NO REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS.
8. 1.8. NO LIABILITY FOR CONSEQUENTIAL DAMAGES: IT IS EXPRESSLY AGREED THAT IN NO EVENT SHALL CONCORD OR ITS LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR OTHER CONSEQUENTIAL, EXEMPLARY, SPECIAL OR INDIRECT LOSSES) ARISING FROM YOUR USE, OR INABILITY TO USE, THE SERVICES, REGARDLESS OF WHETHER CONCORD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CONCORD’S ENTIRE LIABILITY UNDER THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY CUSTOMER FOR THE SERVICE.

1. 2.1. Grant of License: Subject to You paying all fees to Concord or its authorised distribution agent when or before they fall due, this HAEULA grants You a non-exclusive right to use You and User Documentation during the term of HASA. The Software will be executed on a cloud-hosted server (“Hosted Server”) operated by Concord, which shall be part of The Service. You may make as many printed or electronic copies of the User Documentation as is reasonably necessary to exercise your right to use The Software.
2. 2.2. Copyright and Intellectual Property: The Software and any trademarks in connection therewith are owned by Concord or its licensors and are protected by both national and international law. You agree not to change, alter or remove any trademarks or brands. The Software contains trade secrets and confidential information of Concord and its licensors. You agree to safeguard The Software to ensure that no unauthorized person shall have access thereto and that no unauthorized copies shall be made. No title to or ownership of any of The Software or trademarks is transferred to you or any third party by this Agreement. You acknowledge that all of the copyright and other intellectual property rights subsisting in or used in connection with The Software are and remain the sole property of Concord or its licensors and you shall not during or at any time after the expiry or termination of this Agreement in any way question or dispute such ownership. Except as expressly set forth in this Agreement you shall not execute, use, reproduce (either permanently or temporarily), rent, lease, sublicense, subdivide, distribute, transfer, display, translate, adapt, arrange or alter The Software or create derivative works based upon The Software, or take any action inconsistent with Concord’s or its licensors’ intellectual property rights in The Software. You may not reverse engineer, decompile, or disassemble The Software, except and only to the extent that such activity is expressly permitted by applicable law. You agree to reproduce Concord’s copyright and all other legal notices, including but not limited to other proprietary notices, and notices mandated by governmental entities, on all complete or partial reproductions, adaptations, or transmissions of The Software. You will not use The Software in breach of any third-party licenses and Concord shall not be liable for any such breach. You own Your operational data You store in The Software and Concord does not have licence to copy, alter, distribute Your data, except as required to provide support services as defined in Section 3.
3. 2.3. Right to Modify: Your right to modify The Software is granted subject to Clause 2.2 and the limitations of this clause:
   1. You may display Your logo on The Software in the designated area.
   2. You may alter the presentation of The Software by using the optional LibBase Portal and/or by including custom cascading style sheet code that modifies the presentation defined by the cascading style sheets supplied with The Software. Concord has the right to disable Your custom cascading style sheet code if Concord determines, at its sole discretion, that such modifications may harm Concord’s corporate brand, distract from Concord’s promotional activities, or reduce Your usability of The Software.
   3. No other modifications are permitted.
   4. You take full responsibility for Your modifications.
4. 2.4. Limited Warranty: Concord warrants that The Software will conform substantially in accordance with published information for the term of The Service. The Customer acknowledges that Concord does not warrant that the execution of The Software shall be uninterrupted or error-free. The Customer acknowledges that Concord does not warrant The Software if modifications as defined in Clause 2.3 are implemented by non-Concord technicians. The Customer acknowledges that Concord does not warrant The Software if modifications as defined in Clause 2.3 become incompatible with subsequent versions of The Software. While Concord does not warrant that The Software is free from all known viruses it has used commercially reasonable efforts to check for the most commonly known viruses. Where Concord uses information provided by others it makes reasonable attempts to verify the accuracy of such information but does not warrant the information to be without error, howsoever such error may be caused.
5. 2.5. Fair Right of Use: The Software may contain certain information published by third parties which Concord reasonably and in good faith considers to be in the public domain. In the event that a third party should contest such fair right of use, You agree to abide by any order or injunction that may be obtained which may preclude usage of such information. While Concord will endeavour to resolve future right of use for this information, it does not warrant that any such right of use will be granted by the third party nor will Concord be held liable in any way for any direct or consequential damage caused to You by an inability to use The Software.
6. 2.6. Customer Remedies: Concord’s entire liability and Your exclusive remedy shall be as defined in the HASA. No other remedies are provided to You under this HASA.

1. 3.1. Support
   Concord or its Authorised Regional Reseller will provide You with support services (“Support Service”) as defined in this HASLP section after setting up and configuring Your account, informing You about access, and completing other issues (“Commissioning”) related to The Services provided by Concord.
2. 3.2. Support Service
   Customer Support Consultants (“CSC”) provide You with access to a variety of the following support services either directly or indirectly:
   1. Self-help Support Portal: Accessible by You via authenticated logon at https://support.concord.com.au 24 hours, 7 days per week outside of scheduled maintenance hours.
   2. In-App Support: Accessible by You within The Software 24 hours, 7 days per week outside of scheduled maintenance hours.
   3. In-App Tutor: Accessible by You within The Software 24 hours, 7 days per week outside of scheduled maintenance hours.
   4. Live Online Chat: Live Online Chat: May be available to You during standard Business hours (9:00am to 4:00pm) in your location excluding regional and national holidays. You may be required to leave a message.
   5. Issue Reporting Support Portal: Accessible by You via authenticated logon at https://support.concord.com.au 24 hours, 7 days per week outside of scheduled maintenance hours.
   6. Phone Support: Available during standard Business hours (8:00am to 5:00pm) in your location excluding regional and national holidays. You may be required to leave a message.
      • Call Australia: 07 3721 2600
      • Free call UK: 01473 747415
      • International call: +61 7 3721 2600
   7. Email: Available to You 24 hours, 7 days per week, 365 days per year at support@concordinfiniti.com
   8. Technical Cloud Support: Available to You at an hourly rate during standard Business hours (10:00am to 4:00pm) in your location excluding regional and national holidays.
   9. Single Sign-On Support: Available to You at an hourly rate during standard Business hours (10:00am to 4:00pm) in your location excluding regional and national holidays.
   10. Professional Development/Training: Available to You at an hourly rate during standard school hours (8:00am to 3:00pm) in your location excluding regional and national holidays.
3. 3.3. Support Services Response Procedure
   CSC use the following response procedure to ensure You receive a swift response to your support request:
   1. Self-help Support Portal: No response from CSC required.
   2. In-App Support: No response from CSC required.
   3. Issue Reporting Support Portal: Receipt response immediately, solution response from CSC within 4 hours.
   4. Phone Support: If required, dial out or webinar response from CSC within 8 business hours.
   5. Email: Response from CSC within 8 business hours.
   6. Technical Cloud Support: If required, response from CSC within 24 business hours.
   7. Professional Development/Training: Response from CSC within 48 business hours.
   
   Upon emailing support, You will be required to provide Your account username and/or assigned support ticket number and a full description of the problem including error messages, screenshots, and other troubleshooting information as requested by CSC.
   
   Most Software support issues can be resolved with a short email advice, online chat, or short Concord initiated telephone discussion. The Product Support Department, at its sole discretion, will determine the best method of response to resolve Software support issues, including advising You of the need to have further targeted Software training to resolve an issue. Failure to accept the resolution provided may render You unable to raise the issue again.
   
   Concord’s response time to technical support issues depends on the level of severity, the complexity of the inquiry and volume of support requests. The Technical Support Department assigns the highest priority to customer inquiries related to service unavailability. These issues are addressed first upon notification from You.
   
   Concord’s response time to professional development/training support issues depends on the nature of the training requested.
   
   If You have unresolved concerns with Support Service, You should contact the Concord Customer Service Manager at supportmanager@concordinfiniti.com. An initial response should be received within one business day. As issues may be complex or require extensive investigation, resolution cannot be guaranteed within any certain time period.
   
   
4. 3.4. Maintenance
   1. Scheduled Maintenance: To ensure optimal performance of the servers, Concord will perform routine maintenance on the servers on a regular basis, requiring servers to be removed from service. Concord reserves six (6) hours of server unavailability per month for scheduled maintenance purposes. The maintenance is typically performed during off-peak hours. Concord will provide You with advanced notice of maintenance whenever possible, including messages via one or more of email and/or internal messaging system.
   2. Emergency Maintenance: Under certain circumstances Concord may need to perform emergency maintenance, such as security patch installation or hardware replacement. Concord will not be able to provide You with advance notice in case of emergency maintenance.
   3. Hardware Replacement: Concord will use industry standard practices to determine whether server hardware is functioning properly and will replace non-functioning hardware with functioning hardware in a timely as possible manner.
   4. Network Availability: Concord strives for at least 99.5% Network Availability excluding Scheduled Maintenance time. Network Availability is defined as the ability to pass incoming and outgoing TCP/IP traffic through Concord’s network from/to IP transit provider (Internet backbone).
      1. Servers’ unavailability resulting from loss of Network Availability is excluded from servers’ availability calculations if the Network Availability loss is caused by any factor(s) beyond Concord’s control, including but not limited to such factors as IP transit provider (backbone) or Your portion of the network (commonly known as “last mile”) failure, denial of service, failure caused by Your local Internet connection, or similar attacks directed at Concord’s servers or Concord’s network.
   5. Network Availability Monitoring: To verify the application server availability, Concord probes web service availability each minute. If a probe fails outside of scheduled or emergency maintenance, the service is considered unavailable and operational staff are automatically notified.
5. 3.5. Server Availability
   Concord’s primary commitment is to provide outstanding web hosting services to all customers. To support this commitment, Concord observes the following schedule of remedies for any failure to meet the described services in this HASLP:
   1. Web Server Availability: Concord strives for at least 99.5% Web Server Availability. Web Server Availability is defined as the ability to retrieve the HTTP headers from the hosting server. Concord will not monitor availability of individual web sites but will monitor the server availability as a whole.
      When authentication into The Service has been delegated by The Customer to a third-party server, failure to authenticate through these third-party servers is outside Concord’s control and excluded from availability calculations.
   2. Denial of Service:Denial of service attacks or other types of attacks or events directed toward Concord’s network of servers resulting in or contributing to downtime are outside of Concord’s control and are not part of the availability calculation.
   3. Database Server Availability: Concord strives for least 99.5% Database Server Availability. Database Server Availability is defined as the ability to receive a response from the database server. Concord will not monitor availability of individual databases but will monitor the server availability as a whole.
      
   4. Application Server Availability: Concord strives for at least 99.5% Application Server Availability. Application Server Availability is defined as the ability to log-on and access the hosting server. Concord will not monitor availability of individual applications but will monitor the server availability as a whole.
      
   5. File Server Availability: Concord strives for at least 99.5% File Server Availability. File Server Availability is defined as the ability to locate and open files on the hosting server. Concord will not monitor availability of individual file systems but will monitor the server availability as a whole.
      
6. 3.6. Server System
   The Server System (“The Server System”) is defined as the hardware and operating software environment hosting The Software. Concord will exercise industry standard practices to ensure that The Server System is correctly configured to support The Services. Concord will choose the configuration it determines, at its sole discretion, to be the most appropriate.
   1. Concord will install security patches, updates, and service packs as soon as practical. The Server System updates may change behavior and functionality and as such may negatively affect The Software. Concord cannot foresee nor can it be responsible for service disruption or changes in functionality or performance due to implementation of The Server System patches and upgrades. If such disruption or changes occur, Concord will provide its best efforts to remedy the situation as soon as possible after being notified of the problem by The Customer.
   2. Concord may be required by The Server System licensors to upgrade to the latest versions of The Server System. Licensor-required upgrades will be performed free of charge and upon reasonable notice to You. The Server System upgrades on Concord’s servers will occur at Concord’s discretion. Concord will provide You with advanced notice of maintenance whenever possible, including messages via one or more of email, in-app messages, Twitter, or Facebook. Concord is not liable for problems that may arise from incompatibilities between new versions of The Server System and Your content, regardless of whether it was a requested, required or a discretionary upgrade. Nevertheless, Concord will provide its best efforts to help You find a workaround.
7. 3.7. Acceptable Use: Storage, data transfer and server resources are in a shared environment.
   1. Data Storage Capacity: Within the shared environment an allocation of 1Gb of disk storage capacity is included in The Customer’s standard Fee. The Customer will be advised if their used storage capacity reaches 80% of allocated capacity. Disk space requirements above this allocation may incur additional fees.
      1. The Customer can request an increase of disk storage quota by contacting Concord Support. Concord may permit or deny additional disk storage at its discretion. Some features of The Service may enforce file or folder size constraints regardless of overall quota.
      2. If used, The Customer Web and FTP servers are configured to log all requests to the log files. The normal retention period is one month. The log files are stored in shared server space and not counted towards The Customer’s data quota. The maximum size of stored log files is limited 1Gb. When this limit is exceeded, the oldest log files are deleted to bring the usage within the allowed limit.
      3. The servers may stop accepting, processing, or delivering data when the defined limit is reached thus causing server unavailability or data loss. Concord shall not be liable for such unavailability or data losses.
   2. Data Transfer: The Customer is allotted one gigabyte (1GB) of monthly network data transfer subject to the Clause 3.7 (d) Acceptable Use of Bandwidth. The Customer will be advised when data transfer activity breaches Clause 3.7 (d) Acceptable Use of Bandwidth. Additional transfer capacity above this allocation may incur additional fees.
      1. Data transfer allocation can be increased by contacting Concord Support for an increased data transfer allocation. Additional transfer capacity above this allocation may incur additional fees.
      2. The servers may stop accepting, processing, or delivering data when the Clause 3.7 (d) Acceptable Use of Bandwidth is breached thus causing server unavailability or data loss. Concord shall not be liable for such unavailability or data losses.
   3. Server Resources: Certain server resources are shared. Concord configures servers in such a way that accounts are separated from each other to the maximum possible degree. However, due to its nature, shared resources accessibility level cannot be guaranteed.
   4. Acceptable Use of Bandwidth: You must ensure files in excess of 20 Mb in size are not uploaded to Your allocated storage space and You must minimize the use of streaming data from within The Service (e.g., streaming video or audio) both of which have the capability of saturating shared bandwidth connectivity due to audience demand and/or media size. Any streaming activity that requires end users to receive streamed data (e.g., all students in a class stream a video to their devices simultaneously), must be approved in writing by Concord prior to inception, and will be subject to regular audit. Failure to disclose such activities may lead to suspension or termination of the service in accordance with the Termination clause.
   5. Acceptable Patron Data Transfer: You must ensure that the transfer of patron data sets (e.g., basic student records, contacts, groups, and portraits) from third party systems (e.g., school administration systems) into The Service is limited to one data set transferred per 24-hour period. A data set can constitute multiple files for staff, students, or individuals which are not resent once successful. Failure to control such data transfer activity may lead to suspension or termination of the service in accordance with the Termination clause.
   6. Acceptable Import of Bibliographic Data: You must ensure that the import of bibliographic data records from external Z39.50 sources into The Service is limited to 1,000 records per import and 50,000 records per day unless approved in writing by Concord prior to transfer. Failure to control such import activity may lead to suspension or termination of the service in accordance with the Termination clause.
   7. Safe File Uploads: You must not upload executables into The Services; including but not limited to: Windows executables and linking libraries; Linux packages and shell scripts, Android and iOS applications, Java applets and archives, Javascript files, VisualBasic scripts, Microsoft Office macros, and Flash/Shockwave files. Executables are not to be uploaded directly or as part of a compressed or obfuscated file.
8. 3.8. Ownership of Data
   All data created by You and/or stored by You within Concord’s applications and servers is considered by Concord to be Your property and is for Your exclusive use unless access is permitted by You. You shall allow access to such data by authorized Concord personnel only for maintenance and system administration purpose as appropriate. Concord makes no claim of ownership of any web server content, or any other type of data contained within Your server space and applications on Concord’s servers, unless Concord has a good faith belief that such content or data is owned by Concord, its agents, affiliates or vendors.
9. 3.9. Data Integrity: Concord employs sophisticated techniques to ensure the integrity of the data on its servers. Concord performs routine, daily database and server backups for disaster recovery purposes only. Server backup scope and scheduling is at Concord’s sole discretion. CONCORD SHALL NOT DELIVER ANY BACKUP OF CUSTOMER DATA UPON THE CUSTOMER REQUEST UNLESS SUCH BACKUP IS PROVIDED AS PART OF THE SERVICE. RESTORE OF DATA SHALL BE AT CONCORD’S ABSOLUTE DISCRETION.
10. 3.10. Data Retention: CONCORD SHALL NOT BE RESPONSIBLE FOR RETAINING ANY OF THE CUSTOMER DATA AFTER ACCOUNT TERMINATION. ALL DATA IS DELETED FROM THE SERVERS AFTER THE ACCOUNT IS TERMINATED AND FROM BACKUPS DURING SCHEDULED BACKUP ROTATION. CONCORD SHALL NOT RESTORE, PROVIDE ANY STORAGE MEDIA OR SEND OUT ANY DATA PERTAINING TO EXISTING OR TERMINATED ACCOUNTS.
11. 3.11. Customer Responsibilities: To access The Service, You must provide at a minimum:
    1. A reliable broadband internet connection with sufficient bandwidth and quality to allow trouble-free browsing and data uploading and downloading.
    2. A workstation or mobile web browser which must be the latest version of one of:
       1. Google Chrome
       2. Mozilla Firefox
       3. Apple Safari
       4. Microsoft Edge
    3. An industry standard, routinely updated anti-viral and anti-malware solution to check content You email, FTP, or upload to The Service or Concord Support; or download from The Service.
12. 3.12. Service Response Times: Concord strives to provide exceptional service. The following defines issue classification and targeted response times:
    1. Severity Code 1: Severity Code 1 implies that The Software and/or The Server System (collectively “The Environment”) is not functioning. Some examples of Severity Code 1 System Errors are as follows:
       1. The Environment is stopped and will not restart.
       2. The Environment is not able to communicate with external systems.
       3. The Environment is generating a data corruption condition.
       Concord will use its commercially reasonable efforts to resolve Severity Code 1 System Error reports on a twenty-four (24) hour basis. When a Severity Code 1 System Error is reported, Concord will assign resources necessary to correct the System Error. Concord will take all reasonable measures to provide an initial response to Severity Code 1 issues within four (4) hours, provide a resolution within twenty-four (24) hours, and provide You with timely status reports.
    2. Severity Code 2: Severity Code 2 implies that The Environment is running but that You are unable to use major portions of The Software. Some examples of Severity Code 2 System Errors are as follows:
       1. Intermittent System Error.
       2. Major functional component is unavailable.
       Severity Code 1 System Errors will take priority over Severity Code 2 System Errors.
       Concord will assign appropriate technical resources to Severity Code 2 System Errors as long as there are no Severity Code 1 System Errors awaiting resolutions. Concord will take all reasonable measures to provide an initial response to Severity Code 2 issues within eight (8) hours, provide a resolution within forty-eight (48) hours, and provide You with timely status reports.
    3. Severity Code 3: Severity Code 3 implies that The Environment is operating close to normal but there is a non-critical System Error. Severity Code 3 System Errors may be fixed in the next scheduled Upgrade or Update. Concord will research Severity Code 3 System Errors after Severity Code 1 and Severity Code 2 System Errors. Concord may correct Severity Code 3 System Errors in the next scheduled Upgrade or Update.
    4. Severity Code 4: Severity Code 4 implies that The Environment is operating normally but the customer is in need of instructional assistance. Severity Code 1, 2, and 3 System Errors will take priority over Severity Code 4 calls. Concord will assign appropriate Support Services to Severity Code 4 calls as long as there are no Severity Code 1, 2, or 3 System Error reports awaiting resolution.
    5. Out-of-Scope Exclusions: Examples of such unrelated problems include, but are not limited to: Your computer, network and server infrastructure; Your internal application ecology and software-as-a-service providers (including third-party or in-house authentication, student management and reporting systems); Non-updated browsers, browser plugins, office software and operating systems; Non-standard customisations of your browsers, browser plugins, scripts, proxies, or The Software rendering and execution (whether acknowledged by Concord or unknown); Unmaintained data currency or integrity in The Environment or third-party providers that The Environment is referred to on your behalf; Requests for training or assistance by ICT staff or contractors on areas of technical proficiency (including but not limited to computer science, networking, scripting, application configuration or web standards); Requests for training or assistance by library staff or contractors on areas of professional library management (including but not limited to functionality, configuration, training or best practice consultancy); Iterative problem solving without due investigation of internal causes by ICT staff or contractors (including human error and/or loss of knowledge of previous employees or contractors); Extraordinary environmental conditions, including cyber warfare and acts of God.

1. 4.1. Scope
   This Hosted Application Service Usage Policy (“HASUP”) section governs the usage of Concord’s products and services (“The Services”). This HASUP is incorporated by reference into each section of the Agreement with The Customer, for the use of The Services. The Customer is subject to this HASUP, and by virtue of using The Services, agrees to be bound by this HASUP. HASUP violations are determined by Concord at its sole and absolute discretion.
2. 4.2. Prohibited Uses: The Customer violates this HASUP when it, its parent, subsidiaries, affiliates, users, employees, students, directors, or partners engage in the following prohibited activities.
3. 4.3. Illegal Activities: Concord prohibits the use of The Services in connection with any illegal activity, including but not limited to the following:
   1. Violations of intellectual property and copyright laws. (The Customer acknowledges that Concord is required by law to remove or block access to content, appearing on or through The Services upon receipt of proper notice of copyright infringement).
   2. Activities related to trafficking of illegal drugs, illegal gambling, pyramid schemes, obscene materials, or any other products or services that are prohibited under applicable law.
   3. Violations of export control laws.
   4. Any activities using The Services for disseminating or facilitating child pornography.
4. 4.4. Internet Abuse: Concord prohibits any disruptive or abusing activities, including but not limited to the following:
   1. Denial of Service (DoS) attack activities targeting Concord or any other Internet users or hosts.
   2. Any activities that degrade or impair the operation of Concord servers and Platforms.
   3. Disseminating software, running software, or posting messages that consume excessive CPU, bandwidth, or disk space usage.
   4. Subverting, or assisting others to subvert the security of any Concord system, server or Platform.
   5. Hacking, or gaining unauthorized access to Concord networks or any other network or user.
   6. Providing passwords to persons not authorized to receive such materials.
   7. Spoofing or any other activity to attempt to deceive or mislead other persons regarding the true identity of the user.
   8. Distribution of viruses, worms, Trojan Horses, or any computer code intended for malicious, disruptive, or destructive purposes.
   9. Port scanning, web scrapping, or any other invasive activities against any server. Non-Human agents are expected to abide by the robots.txt
   10. Using Service to store, post, transmit, display or otherwise make available obscene, harassing, abusive, defamatory, slanderous, libelous or threatening language
   11. Using The Services to violate the privacy rights, stalk, or impersonate any other person
   12. Using The Services in any manner that may subject Concord to unfavorable regulatory action, subject Concord to any liability for any reason, or adversely affect Concord’s public image, reputation or goodwill.
5. 4.5. Inappropriate Content: Concord prohibits the following:
   1. Hate speech or hate propaganda.
   2. Adult content.
   3. Links to content that violates Concord Terms and Conditions.
   The determination of Inappropriate Content is made solely at Concord’s discretion.
6. 4.6. Server Abuse
   1. Concord prohibits Your use of content or engagement in activities that use excessive server resources, or may adversely affect any other Customers.
   2. You understand that You may share server resources with other Customers. In order to provide a stable and reliable hosting environment for all customers, server resources are limited for each account, which may include, but is not limited to, CPU and memory usage, number of concurrent processes, number of concurrent port or database connections, session timeout, and total bandwidth usage.
7. 4.7. Customer Responsibilities
   1. You are solely responsible for the uploading, maintenance, and quality of Your content.
   2. You will use best efforts to ensure Your content is free from viruses or other malicious code.
   3. You are solely responsible for ensuring Your authentication system does not disrupt The Services.
   4. You will cooperate fully with Concord in connection with Concord’s performance of The Services.
   5. You are solely responsible for providing Your users with any required disclosures on its website.
8. 4.8. Reservation of Rights: Concord reserves the right to cooperate fully with appropriate law enforcement agencies in connection with any and all illegal activities occurring on or through The Service. Concord has no obligation to notify any person, including You, regarding the information being sought, provided, or transferred in cooperation with law enforcement or legal order.
9. 4.9. Non-Copyright Violations: Any report of abuse of the HASUP should be communicated to Concord Australia Pty Ltd. Sufficient information to identify the abuser must be provided for any action.
10. 4.10. Reporting Copyright Violations: Concord complies with all appropriate and current Copyright Acts. Notice of violation should be provided in a letter with the following information and sent to the address below:
    1. Authorization of the owner of the copyright interest.
    2. A description of the infringed copyrighted work.
    3. Location in detail of infringing work.
    4. All contact information, including mailing address, telephone number, and email address.
    5. A good faith statement of the belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
    6. A statement, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
    Copyright Infringement Notices should be sent to: support@concordinfiniti.com.
11. 4.11. Prior Agreements: This HASA revokes all prior written and oral communications regarding The Software and The Services and sets out the entire agreement between Concord and You. You irrevocably waive any right you may have to claim damages or to rescind (in the case of misrepresentation) the HASA for any misrepresentation or warranty not set out in this HASA unless such misrepresentation or warranty was made fraudulently.
12. 4.12. Termination: This agreement is effective only during the term of The Service and is subject to the Term and Termination provisions in this HASA.
13. 4.13. No Waiver: Any failure by either party to exercise an option or right conferred by this HASA shall not of itself constitute or be deemed a waiver of such option or right.
14. 4.14. Severability: If any provision in this HASA is declared void or unenforceable by any judicial or administrative authority this shall not nullify the remaining provisions of this HASA which shall remain in full force and effect.
15. 4.15. Law: This HASA shall be governed by the laws of the State of Queensland, Australia and the parties agree to submit to the exclusive jurisdiction and venue of the Courts of Queensland, Australia in connection with any legal actions hereunder.
16. 4.16. Remedies: In general, Concord does not and is not under any obligation to monitor Your website or activity to determine whether You are in compliance with HASUP section or the Terms and Conditions. However, if Concord determines, at its sole discretion, that You have violated the HASUP, corrective action may be taken as described in this HASA.
17. 4.17. General: This HASA may only be modified by a license addendum which accompanies this license or by a written document which has been signed by both You and Concord. Should you have any questions concerning this HASA, or if You desire to contact Concord for any reason, please email: support@concordinfiniti.com