Terms And Condition
Aussie web Application Pty Ltd agrees to provide quality service to it’s Clients, subject to the following Terms of Service (TOS). Aussie web Application Pty Ltd reserves the right to change TOS at any time with effective notification to users at this location. Changes such as modifications, deletions would be effective immediately on posting online. Client needs to agree that it is their responsibility to review this site periodically to be aware of any changes made regarding TOS. Clients can check whether Aussie web Application Pty Ltd has revised the TOS by checking the “DATE OF MODIFICATION” as specified above. Your continued use of the services after any modifications to the TOS will constitute:
- Your acknowledgment to any changes to the TOS.
- Your agreement to abide by the modified TOS
Client agrees to provide complete and correct information to Aussie web Application Pty Ltd. Contact information includes:
- Electronic mail
- Street address
Payment and Fees
Establishment of the services is on the receipt of payment by Aussie web Application Pty Ltd on the specified charges. Subsequent payments are due on the recurring date of sign up. Mode of payments are as follows:
- Credit Card (Master/Visa/American express/Discover)
- Direct Debit/ EFT
Clients are responsible for any additional transactional fee charged with any payment methods.
Aussie web Application Pty Ltd reserves the right to deny it’s clients the use of any payment method for, but not limited to, abuse or misuse of payment method. Abuse of payment method may lead to disciplinary action up to and would include immediate cancellation of client’s services or their on going accounts with Aussie web Application Pty Ltd. Aussie web Application Pty Ltd reserves right to keep a service deactivated until the funds paid are cleared. If your service is deactivated on non-payment, the service will only be reactivated once the payment for the outstanding balance is received in full. If all services of an active account are deactivated all outstanding invoices must be paid in full before any service is to be reactivated.
Client must submit their cancellations by opening a ticket at least 7 days but not more than 30 days before the end of services billing cycle. Cancellation requests are not accepted through phone, email, fax, or any other method besides opening a ticket through our client portal. Client must provide all the account information on the portal to cancel an account. Only authorized account holder can cancel the account. Client will be automatically billed for any excess bandwidth usage during the current monthly billing cycle.
Clients agree that the bandwidth usage will not exceed the specified per month for the services ordered by the client. Aussie web Application Pty Ltd will monitor clients bandwidth usage and will provide graphs of bandwidth usage. Aussie web Application Pty Ltd has the right to take action if clients bandwidth usage exceeds the specified limit by client plan. Action may include:
- Additional charges
- Disconnection of any and all services
- Termination of agreement
Actions may be taken in Aussie web Application Pty Ltd absolute discretion. Aussie web Application Pty Ltd will communicate with clients and try to work with our clients to resolve any overage bandwidth issues before taking action which could cause a client’s service to be disconnected.
Bandwidth usage is measured on monthly client billing cycle, both incoming and outgoing traffic is included. Client agrees to pay Aussie web Application Pty Ltd if the client exceeds the bandwidth usage. Aussie web Application Pty Ltd at it’s sole discretion can collect an amount of $ 0.27 per GB of bandwidth used over the allocated plan. The additional fees for bandwidth overage bill not paid within 3 days of invoicing will be subject to server and service suspension. The unused bandwidth cannot be carried to the next months billing, or applied to other servers.
All IP addresses which are assigned to Client must be justified per ARIN/RIPE/APNIC Guidelines. If it is determined that IP addresses which have been assigned to Client are not being used in accordance with these guidelines, they may be revoked.
SPAM and Unsolicited Commercial Email (UCE)
Aussie web Application Pty Ltd has zero tolerance approach on unsolicited commercial email or spam on our network. This means that the clients of Aussie web Application Pty Ltd may not indulge or permit others to use our network to carry out UCE. Clients may not permit hosting of sites, information related to UCE from other networks. Also it is not acceptable to transmit bulk email through remote SOCKS,HTTP or other proxies who direct SMTP connection to the destination mail servers. Such an act may result in account suspension or termination services. Violation of this policy may result in severe penalties which include termination of services. In order to prevent unnecessary blacklisting due to spam we reserve the right to occasionally sample bulk email being sent from servers.
- Violation of Aussie web Application Pty Ltd email policy , as outlined in the Acceptable Use Policy will result in severe penalties. Upon notification of violation of terms, Aussie web Application Pty Ltd may restrict client access to the network to prevent any further violation. If found to be under violation of our AUP after investigation, Aussie web Application Pty Ltd at it’s discretion restrict, suspend, terminate customer’s account. Aussie web Application Pty Ltd reserves right to notify the law enforcement officials if the violation is believed to be a criminal offense.
- As our clients are ultimately responsible for the actions of their clients over Aussie web Application Pty Ltd’s network, it is advisable to our clients that they develop a similar, stricter policy for their clients.
Courtesy Transfer Service
Aussie web Application Pty Ltd performs all the account transfer, server transfer, cpanel transfer, account moves and other services from a third party service to Aussie web Application Pty Ltd service. By requesting Aussie web Application Pty Ltd to transfer, the clients agree to protect against any damage and hold Aussie web Application Pty Ltd harmless for any and all liability arising from transfer/copying of clients accounts. Clients also agree Aussie web Application Pty Ltd is not responsible for any issues related to transfer of accounts both on Aussie web Application Pty Ltd services and any other third party service from which Aussie web Application Pty Ltd may be transferring the clients accounts from, including but not limited to:
- Missing or corrupted files
- Improper transferred accounts
- Any and all fees that the client may incur from the third party service provider(bandwidth fees, charges from delays in transferring account, settings, files from third party, downtime or outages, DNS problems, accounts set up on incorrect IP addresses)
- Any issue third party services which delay/prevent Reach Aussie from performing the service.
Aussie web Application Pty Ltd takes no guarantee regarding the availability of transfer service or amount of time to perform transfers. Aussie web Application Pty Ltd can perform transfers from any third party service which uses the same control panel that is used on the clients Aussie web Application Pty Ltd service( i.e. cpanel). Aussie web Application Pty Ltd will still try to provide best assistance which includes:
- Advice on file transfer and configurations
- DNS settings
- MySQL database imports
- General assistance for clients whose third party service does not use the same control panel
VPS Weekly Backups
Aussie web Application Pty Ltd performs weekly backups of VPS accounts. Aussie web Application Pty Ltd is not responsible for any integrity, completeness, or freshness of your VPS backup. Aussie web Application Pty Ltd recommends you to have your own backup system in place. VPS backups are intended for disaster recovery only. Aussie web Application Pty Ltd reserves the right to charge fees for restore which are requested that are not for disaster recovery purposes.
Excessive Upgrades and Downgrades
Aussie web Application Pty Ltd does not charge any fees for account upgrades and downgrades. However the upgrades and downgrades between virtualized accounts and full dedicated server accounts is very intensive and time consuming process because it includes changing of primary disk in dedicated servers. Aussie web Application Pty Ltd reserves right to charge for any upgrades and downgrades at the hourly rate of $ 9.00 per hour if the client has made any excessive upgrades or downgrade request.Aussie web Application Pty Ltd has the sole right to decide what is considered “excessive”.
Harassment and Abuse
Aussie web Application Pty Ltd has no tolerance over abuse of any kind towards it’s employees. This includes all verbal harassment, yelling, swearing, rudeness, threats and any other disruptive behaviour that is directed to Aussie web Application Pty Ltd or any of it’s employees or agents. Clients agrees to engage with Aussie web Application Pty Ltd in a professional manner whether by email, helpdesk tickets, live chats, forums, or on the telephone. Any abuse will be considered to be violation of this Terms of Service agreement. No refunds will be given for any service termination which arises as a result of violation of this clause.
Client acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of Aussie web Application Pty Ltd and that damages resulting from any interruption of service are difficult to ascertain. Therefore, Client agrees that Aussie web Application Pty Ltd shall not be liable for any damages arising from such causes beyond the direct and exclusive control of Aussie web Application Pty Ltd. Client further acknowledges thatAussie web Application Pty Ltd liability for its own negligence may not in any event exceed an amount equivalent to charges payable by Client for services during the period damages occurred. In no event shall Aussie web Application Pty Ltd be liable for any special or consequential damages, loss or injury.
Aussie web Application Pty Ltd is not responsible for any damages your business may suffer. Aussie web Application Pty Ltd does not make implied or written warranties for any of our services. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Aussie web Application Pty Ltd .
Client agrees that Aussie web Application Pty Ltd’s failure at any time to enforce any of the provisions of this TOS or any right or remedy available hereunder, or at law or equity, or to exercise any option herein provided, shall in no way be construed to be a waiver of such provisions, rights, remedies, or options or in any way to affect the validity of this TOS. The exercise by Aussie web Application Pty Ltd of any rights, remedies, or options provided hereunder, or at law or equity, shall not preclude or prejudice Aussie web Application Pty Ltd from exercising thereafter the same or other rights, remedies, or options.
You agree that Aussie web Application Pty Ltd is not responsible for any damages, delays, or other failures to fulfill its obligations hereunder as a result of war, fire, strike, riot or insurrection, natural disaster, delay of carriers, governmental order or regulation, complete or partial shutdown of plant, unavailability of materials or equipment from suppliers, failures or blackouts, labor disputes, and/or other occurrences beyond its control whether or not similar to those listed above.
We reserve the right to refuse service to anyone at any time for any reason. Aussie web Application Pty Ltd is not responsible for data integrity on equipment reclaimed for non-payment. Client’s agree to pay GST applicable to their account. Anything not explicitly stated in this TOS is subject to interpretation at Aussie web Application Pty Ltd's sole and absolute discretion. You, as Aussie web Application Pty Ltd’s client, are solely responsible for the content stored on and served by your Aussie web Application Pty Ltd service.
Please direct all questions regarding this TOS to firstname.lastname@example.org