1. It is important to Mirus Australia that all eligible Mirus Australia customers are able to access our Services. Accordingly, we have devised a Fair Use Policy which applies to the usage of the Services Mirus provides to customers.
2. We reserve the right to vary the terms of the Fair Use Policy from time to time.
3. Mirus Australia may rely on the Fair Use Policy where:
- usage of the Service(s) is unreasonable; or
- your participation in an ongoing service is unreasonable, as defined below.
4. It is unreasonable use of the Service where Your use of the Service is reasonably considered by Mirus Australia to be fraudulent use, to be contrary to the way the Service is intended to be used (Intended Use), or to adversely affect Mirus Tools and Content, or other Mirus Australia customers.
5. Among other things, “fraudulent use” includes:
- resupplying the Service without Mirus Australia’s consent so that someone else may access or use the Service;
- use of the Service that is in contravention of a Law;
- use of the Service that contravenes the clause relating to “Mirus Tools and Content” as set out in any Service Agreement or Mirus General Terms.
6. Among other things, use which is contrary to the Intended Use includes work which exceeds any one (1) of the parameters of use for Mirus Metrics in any twelve (12) months period, as set out below (together Excess Services):
- Six (6) basic custom reports of 4-8 hours work effort, that requires no change to data model;
- One (1) advanced custom report of 8-16 hours work effort that may require minor change to the data model;
- Fair usage hours capped at 64 custom work hours across all categories; or
- After initial load (initial (10) working days), fair usage custom work hours capped at 40 hours custom work for requests including but not limited to changes to price books, products, quote templates and contract templates.
7. Where you are in breach of this Fair Use Policy, We may:
- bill You for the Excess Services at the Time and Material rate – for example hours worked in excess of 64 or 60 as applicable in clauses 6c and 6d above;
- contact You to discuss further commercial arrangements for supply of the Excess Services; or
- In the case of fraudulent use, we reserve our rights to suspend or limit our Services or, if applicable, terminate our Services in accordance with Our Client Agreement (defined below).
8. This Fair Use Policy may be varied by the terms of any individual agreement entered into between You and Mirus Australia (Client Agreement). If this occurs, then the terms of the Client Agreement will override the Mirus Fair Usage Policy as set out above.