1.1 The Hosted Exchange £100 Cashback Incentive (“the Incentive”) is a Giacom initiative only and is not associated with any other company or other third party. Further details of the Incentive are set out in section 3 of these Terms and Conditions below.
1.2 We are Giacom World Networks Limited, whose registered office address is at Bridge Haven One, Saxon Way, Priory Park, Hessle, HU13 9PG.
1.3 The Incentive is available to any company, individual or partnership which (A) is party to a current agreement with us for the resale by that company, individual or partnership of Giacom’s services to third parties via Giacom’s Cloud Market, and (B) has a valid customer reference (MEX) number.
1.4 For the avoidance of doubt, the Incentive is not available to anybody who has an agreement with us on an ‘end user’ basis.
1.5 Registering for the Incentive using a false name or address or via an agent or third party is not permitted. If you register for the Incentive you shall, at all times, act in good faith towards Giacom and in respect of the Incentive.
1.6 Registrations for the Incentive which are not made in accordance with these Terms and Conditions will be disqualified.
2. How to Register
2.1 To register for the Incentive, you must complete and submit the Incentive registration form (accessible via the URL https://cloudmarket.com/hex-offer/ OR https://cloudmarket.com/hex-offers/) on or before 30 April 2018.
2.2 There is no charge for registering for the Incentive.
2.3 One registration per Giacom reseller only.
2.4 By registering for the Incentive, you will be deemed to have accepted and become bound by these Terms and Conditions.
3. The Incentive
3.1 For the purposes of these Terms and Conditions:
(a) a "Cashback Incentive Payment" shall mean the sum of £100;
(b) the "Qualifying Products" shall mean the two following services available to purchase from Giacom via our Cloud Market: "Exchange Mailbox" and "Exchange Mailbox + Outlook license";
(c) a "Qualifying Reseller" shall mean any company or individual which satisfies the eligibility requirements set out in section 1 above and has registered for the Incentive in accordance with condition 2.1;
(d) a "Qualifying Organisation" is any customer of a Qualifying Reseller:
(i) for which that Qualifying Reseller purchases, on or before 30 April 2018, 10 or more of the Qualifying Products using Giacom’s Cloud Market for use by that Qualifying Organisation; AND
(ii) who has not previously been supplied with either of the Qualifying Products or any other Hosted Exchange mailbox via Giacom’s Cloud Market (regardless of whether the supply was made directly by Giacom or via that Qualifying Reseller or any third party).
3.2 Each Qualifying Reseller will qualify for a Cashback Incentive Payment for each Qualifying Organisation provided that the following two conditions have both been satisfied:
(a) We issue an invoice to that Qualifying Reseller in respect of at least 10 Qualifying Products purchased by that Qualifying Reseller for the relevant Qualifying Organisation for three consecutive full calendar months (beginning with the first full calendar month invoice issued by us to that Qualifying Reseller following the date on which that Qualifying Reseller purchased the Qualifying Products); AND
(b) The Qualifying Reseller has paid each of the invoices referred to in condition 3.2(a) above on time and in full.
3.3 We will issue a credit note (to be used for VAT purposes only) to each Qualifying Reseller in respect of a sum equal to each Cashback Incentive Payment which that Qualifying Reseller qualifies for pursuant to condition 3.2 above. Each such credit note shall be accompanied with a request for that Qualifying Reseller to provide its banking details to Giacom for the purposes of Giacom remitting the Cash Incentive Payment against said credit note.
3.4 Each Cashback Incentive Payment shall be paid to the relevant Qualifying Reseller by BACS transfer within 30 days of the date upon which that Qualifying Reseller provides us with its banking details pursuant to condition 3.3 above.
3.5 Cashback Incentive Payments are not negotiable, non-exchangeable and non-transferrable.
4. Limitation of Liability
4.1 For the purposes of these Terms and Conditions:
4.2 We will not be liable for any damage, loss or disappointment incurred or suffered by any person as a result of that person registering for the Incentive or not being able to register for the Incentive.
4.3 We exclude our liability for any injury or damage to your or any other person’s computer relating to or resulting from any person’s participation in, or downloading of any materials in connection with, the Incentive.
4.4 We shall not be liable for any failure to comply with our obligations where the failure is caused by the act or default of a third party supplier or any circumstances beyond our reasonable control (such as any equipment failure, technical malfunction, systems, satellite, network, server, computer hardware or software failure of any kind).
5. Additional Terms
5.2 If there is any reason to believe that there has been a breach by you of these Terms and Conditions, we may, at our sole discretion, exclude you from participating in the Incentive.
5.3 These Terms and Conditions shall be governed by English law, and the parties submit to the exclusive jurisdiction of the courts of England and Wales.
5.4 We reserve the right to amend these Terms and Conditions at any time.