Enterprise Order Form

An order form is a written document, signed by both parties, that records the commercial terms of an enterprise subscription to the Service. It lets a customer agree terms that differ from the standard Terms of Service without amending the published Terms for every negotiation, because Section 51 of the Terms gives a signed order form precedence over the Terms to the extent of any conflict.

What an order form can record

An order form can set out, among other things: the plan and fees, the Subscription Term and renewal, the number of stores, seats, or answers included; usage limits and any overage terms (Section 14); an availability target, measurement method, and service credits (see the Service Level Agreement); support and response targets (see the Support Policy); a negotiated security addendum; a negotiated liability cap to the extent the law allows (Section 28); the Data Processing Agreement; and any other agreed variation of the Terms.

Precedence

Under Section 51, where an order form conflicts with the Terms, the order form prevails to the extent of the conflict; a Data Processing Agreement prevails over the Terms with respect to the processing of personal data; and a signed service level agreement, support policy, or security addendum prevails over the Terms with respect to its subject matter. Nothing in an order form overrides a right that cannot be waived under the mandatory law applicable to the customer.

How to request an order form

Request an order form, or raise a variation, at sales@ethere.cloud. Ethere will provide a draft order form and the supporting documents — the Data Processing Agreement, the current subprocessor list, and the description of technical and organizational measures — for review. An order form takes effect only when signed by both parties.

Relationship to the Terms

Except as varied by a signed order form, the Terms of Service, the Privacy Policy, and the Cookie Policy govern the subscription. This page is descriptive; it is not itself an offer, and it does not by itself create an order form.