Service Terms

The ability to use our Services is subject to your acceptance of these terms and conditions (Service Terms). In proceeding with the purchase or use of any Services, you expressly agree you have read, understood and are bound by these Service Terms (as may be updated from time to time).

All services are subject to our Acceptable Use Policy.

1) Web Hosting and Email

1.1 You agree to accept additional charges for the transit of IP traffic above and beyond the amount specified as a limit in any invoice or proposal. All excess data will be charged at the rate of 6.5c/MB to the nearest whole MB. These charges will fall due at the completion of the calendar month on normal trading terms of 14 days from invoice. We will provide notice of excessive website data traffic prior to any excess data charges being applied.

1.2 The hosting service plans disk space pertains only to files required for the normal operation of your website, and which are linked to in that website. Our website hosting plans are expressly prohibited from use as an online file repository.

1.3 Any site that uses greater than 89,000 inodes (every file on your hosting account uses 1 inode), or that create file system damage by the rapid creation of large volumes of files, will be subject to review and possible suspension.

1.4 For hosting service plans which specify UNLIMITED data transfer, should your site exceed burst (or ongoing) data transit of greater than 5Mb/sec, or otherwise degrade the network performance for other users, the account will be subject to review and possible suspension.

1.5 For any service plan which specifies UNLIMITED email accounts, should the mail boxes associated with your account exceed more than 1,000,000 aggregate messages, the account will be subject to review and possible suspension.

1.6 All hosting plans are subject to general resource and usage monitoring. Any action or process that consumes resources beyond a reasonable level and thus degrading the shared environment for other users is expressly prohibited: This includes but is not limited to:

Running standalone, automated server-side processes including, but not limited to any daemon:

(a) running any bit torrent application, tracker or client;

(b) participating in file sharing or other peer to peer sharing activity;

(c) executing any script for longer than 180 seconds;

(d) executing any database query that takes longer than 30 seconds to complete;

(e) specifying cron tasks that execute more frequently than every 300 seconds.

2) Web Design

2.1 You agree that in the provision of web design services by us we may utilise the services of third party contractors, and that we may pass on to such contractors any information or materials, including design brief and content, provided to us by you.

2.2 You are responsible for keeping a copy of any existing Web Site which we may replace pursuant to the provision of web design services including all databases and hosted files.

2.3 We are not responsible for the contents of any Web Site completed as a scope of work, and upon publication you must satisfy yourselves that the Web Site will comply with all applicable laws, and codes of practice governing the use of Web Sites and related services. This includes the intellectual property and copyright ownership of all material that you have provided to us. We are similarly not responsible for your subsequent use of the site and your compliance of various commonwealth and state legislations.

2.4 All website content must be provided by you as outlined in a proposal, invoice or scope of work.

2.5 You must provide complete feedback within 7 calendar days during design concept and production review. If no feedback is provided within this time, we reserve the right to move forward with the project, assuming no changes have been requested and that work is accepted in its current form. Any changes requested past this time are subject to our standard rates and may be considered scope variation.

2.6 You may request an Administrative Hold of your project for up to 6 months at a cost of $100. We will stop working on the project until you advise us that you are ready to move forward. If the project is placed on hold for more than 6 months, we will terminate the project and all monies paid by you to us will be forfeited, with no refunds available.

2.7 If you are unhappy with your site design, you may request additional layout concepts as a scope variation, subject to our standard rates.

2.8 Once your website has been published, we will review and repair any pre-existing code errors and/or bugs in the website if reported within 30 days of publishing. Any cosmetic changes or alterations, or code errors reported outside of this time period will be subject to additional charges at our standard rates.

2.9 For website builds including open source third party CMS applications (such as WordPress, Joomla or X-Cart), website owners agree to pro-actively monitor available releases of upgrades and/or patches to secure their applications from hackers and malicious scripts. We will provide an on-demand upgrade service for any such application subject to additional charges at our standard rates.

2.10 We warrant that the website functions to the level agreed upon at point of sale only for the server configuration where development takes place. We cannot be held responsible for errors or functionality loss if the website is published and hosted on a server environment that does not match the development server specifications.

3) Acceptable Use

3.1 We reserve the right to suspend your service if you breach our Acceptable Use Policy and to terminate your service in the event of your failure to resolve issues that we have brought to your attention.

3.2 You will be charged for data traffic above and beyond the amount included you your plan. Excess traffic will be charged at the rate of $10/GB to the nearest whole GB.

3.3 The following activities are expressly prohibited:

(a) Any action or process that unreasonably consumes resources and degrades the shared environment for other users including but not limited to execution of scripts;

(b) Running standalone, automated server-side processes including but not limited to any daemon;

(c) Running any bit torrent application, tracker or client;

(d) Participating in file sharing or other peer to peer sharing activity

(e) Executing any script for longer than 180 seconds;

(f) Executing any database query that takes longer than 30 seconds to complete;

(g) Specifying cron tasks that execute more frequently than every 300 seconds.

4) Service Levels

4.1 We warrant that your uptime availability will be at least 99.9% except where failure results from:

(a) Failure or malfunction in relation to any device or equipment, any software or power supply outside our control, unless caused by our wrongful act or omission;

(b) Your act or omission or that of a person under your direction or control;

(c) Scheduled maintenance completed ­­within the notified maintenance window;

(d) A requirement, direction or any other order issued by an authority with jurisdiction over the service;

(e) Unauthorised or illegal access by any third party to the systems used to provide the services including hacking, cracking, virus dissemination and denial of service attacks.

4.2 The uptime service level is not met if:

(a) Router packet loss is in excess of 50% and is sustained for 120 seconds or more;

(b) Latency across the our network exceeds 120 milliseconds, for longer than 300 seconds.

4.3 As your sole remedy for failure to meet the uptime service level, we will credit your account with a percentage of the monthly service fees as set out below:

4.4 Processing of your claim will only occur upon the formal request from the customer via written correspondence through approved support channels. This request will only be accepted if it is made within the same calendar month as the relevant incident.

4.5 At your request, we will investigate any report of downtime, and attempt to remedy any downtime expeditiously. If we reasonably determine that all facilities, systems and equipment are functioning properly, and that downtime arose from some other cause, we can continue to investigate the downtime at your request and expense.

5) Support Services

5.1 Your service is defined as “unmanaged” unless specified otherwise. We will provide base installation of your operating system, network access and remote access. You are responsible for management of the services beyond the initial deployment. Your responsibilities include but are not limited to updates, additional software installations or integrations.

5.2 Your obligations include:

(a) Documentation and prompt reporting of all errors or malfunctions of the hardware or software to us;

Outage (in hours) Service Credit (percentage of monthly fees)
<0.7 – 7.2 10%
<7.2 – 14.4 20%
<14.4 – 21.6 40%
<21.6 – 28.8 60%
<28.8 80%

(b) Maintenance of a current archive copy of all software and data. In the event of a critical system failure, we will restore systems to the original configuration and you will be responsible for restoration of data.

(c) Maintaining security of your network and applications;

(d) Performing the role of “system administrator” which includes collection of tasks related to utilising system software; maintaining users, websites, email setting; configuration of databases; uploading content and any and all associated programming.

5.3 You acknowledge:

(a) Microsoft Windows and Linux operating systems containing any third party software may contain bugs. We provide no warranty in respect of the stability or security of the system for any particular function;

(b) Technical support is limited to hardware and network failures, unless otherwise specified. Support relating to software or code is a billable professional service with a minimum charge of 1 hour.

5.4 We may designate for your use on a temporary basis IP addresses from the address space allocated to us by APNIC. You accept that the IP addresses are our sole property and are not portable if and when your service is terminated. We reserve the right to change IP addresses allocated to you at any time but will use reasonable commercial efforts to minimise any inconvenience to you.

5.5 Managed services agreed to via a proposal, invoice or scope of work will supersede Service Terms where specified.

 

REV July-2015