Zadara Customer Authorization Terms

  • The entity signing the Zadara Customer Authorization Form provided by Zadara (“You” or “Customer”) agrees to be bound by the following terms and conditions:
    • The use of the Zadara Services is subject to the terms of service applicable to the Zadara Services located at: https://www.zadara.com/legal/ (“Agreement”), which forms an agreement between You and Zadara with respect to the Zadara Services (“Agreement”).  By  accepting this form you agree to be bound by the Agreement.
    • Zadara, its designated distributor or partner will provide you a Quote for the Zadara Services.  You will accept the Quote by executing a Purchase Order with Zadara or its designated distributor or Partner (“Purchase Order“).  The Purchase Order is effective as of the date dully executed by you and Zadara or its distributor or Partner (the “Effective Date”) and shall continue until terminated in accordance with the Quote and/or the Agreement and is supplementary to and forms part of the Agreement. Terms not defined in the Quote shall have the meaning given to them in the Agreement. If any term in the Quote conflicts with any term in the Agreement, then the Quote shall prevail in relation to the Zadara Services detailed in the Quote. 
    • You will be invoiced at the end of each month by Zadara or its designated Distributor or Partner. Customer shall pay the full amount invoiced to it by Zadara  or its designated Distributor or its Partner, within 30 days of the date of invoice. All Fees are exclusive of any taxes, including sales, use, VAT, import, customs, etc, which shall be borne by Customer. For Zadara Services involving deployment of Designated Hardware, please note that the billing shall commence upon delivery of the Designated Hardware. Subscription fee will be charged with respect to the actual usage of the Zadara Services, in accordance with Price List, linked as Annex A to the Quote.  If the Minimum Commitment/Floor in the Quote is higher than the actual usage Zadara or its designated Distributor or Partner will invoice the Fees determined in accordance with the applicable Minimum Commitment/Floor.
    • Execution of the Purchase Order forms a binding order for the complete Subscription Period (in months) times the Minimum Commitment fee found in the Quote. In case of an early termination of the Order by the Customer or by Zadara for Customer’s breach, and without derogating from Zadara’s other rights, Customer shall pay Zadara an early termination fees equal to the greater of: (i) the Floor as such term is defined in the Quote; or (ii) the average monthly fee paid to Zadara in the 3 months period prior to such early termination, multiplied by the number of months remaining until the end of the Subscription Period.