This entire clause 20 relates to the Servers Product.
20.1 Representations by us
20.1.1 Application of these Terms in respect of representations
You acknowledge and irrevocably agree that
- Any reliance you place on any representation(s) on other pages of the Site are subject to the terms and clarification specified in this Agreement, especially clause 20.1.2;
- You can only expect Services in accordance with the terms of this Agreement, and
- In the event of any inconsistency between the representation(s) on other pages of the Site, and this Agreement, especially clause 20.1.2, the terms of this Agreement shall prevail over the representations - and your expectations of the Service shall be limited to the representations in this Agreement.
We offer a range of Servers: We offer three different service levels for all of our server plans: Self-Managed, Managed and Full Support.
||This product is recommended for IT professionals with an understanding of server administration. The server, operating system and hosting software (that is chosen on plan sign up) is provided, to allow you to completely manage the setup of the server. It is your responsibility to install and configure the server to meet your needs. We do not provide any technical support whatsoever for this product. If you require further assistance, you are expected to pay a greater fee and upgrade to a managed service.
||This product is recommended for IT professionals with a basic understanding of server administration. The server, operating system and hosting software (that is chosen on plan sign up) is provided, to allow you to completely manage the setup of the server. It is your responsibility to install and configure the server to meet your needs. We do not provide any technical support whatsoever for this product. However, if technical support is required for this product, you will need to purchase support at an hourly rate, as determined by us, or alternatively, pay a greater fee and upgrade to a managed service. Support cannot be purchased to assist with third party software.
||This product is recommended for customers that require complete technical support and set up of all software and configuration of the server. No additional technical support needs to be purchased.
You acknowledge and agree that for all server products, we have the right to deny advanced support requests at our discretion. For Full-Managed products, we have the right to request additional payments for advanced support when the request involves complex or lengthy tasks that exceeds an acceptable amount of time for such support, as solely determined by us.
- We offer this Service at budget prices on the basis we deliver a budget Service (for example, compare also review of flights with Tiger Airways and review of flights with Singapore Airlines). For a premium level of Service, a premium price would need to be paid. You must contact us prior to making a purchase if you wish for a premium level service to ensure this option is available.
- This is not an archival service. You are solely responsible for maintaining independent back-up copies of your emails. We expressly disclaim any liability or responsibility for any loss, damage or destruction of your emails, distribution lists, or any other content.
20.2 IP Addresses
20.2.1 IP Address Upgrade
The IP Address upgrade enables you to obtain a unique IP address for your hosting account. This is traditionally used for custom DNS control or for separating your account from others on shared hosting services which share one single IP address.
20.2.2 Resumption of IP Addresses
You acknowledge and irrevocably agree that you must use at least 90% of the IP addresses that you have purchased, and that have been assigned to you, within 30 days of the date of assignment. Failure to utilise 90% of the IP addresses assigned to you may result in the unused IP addresses being reclaimed by us. You acknowledge and irrevocably agree that you release all rights that you may have to such reclaimed IP addresses in the event that the above occurs.
You expressly and irrevocably agree that:
- It is your responsibility to ensure that Services are utilized to their full potential;
- It is your responsibility to ensure the appropriateness and compatibility of Services that you are purchasing;
- You have ensured that Services that you are purchasing are appropriate and compatible to your needs prior to making the purchase;
- We are not obliged to provide refunds or account credit for any Service that is functional, as described, or of acceptable quality for the purpose which it is provided by us. We reserve the right, subject to these terms and our discretion, to offer you:
- An account credit; or
- A refund
only in circumstances where a cancellation request has been filed within 72 hours, being the reasonable 'rejection period' of the purchase application being made.
- We may offer account credit to be applied to your account as a gesture of goodwill. Account credits can only be redeemed via purchase of any Service(s) available at our website.
- We may choose, on your request to downgrade an account however no refund or account credit will be applied if outside the 72 hour rejection period where we have determined that the Service provided is functional, as described, or of acceptable quality for the purpose for which it is provided;
- You are liable to pay any administrative costs incurred by us as a result of refunding any Service within the 72 hour rejection period;
- Deposit/Cheque order cancellations will result in a credit being applied to your account or result in a surcharge to be taken from the refunded amount offered;
- Direct Deposit overpayments will either be returned via full account credit or transaction reversal minus surcharge;
- Your request for refund will be denied where:
- Service on the claim has been used illegally or outside the terms of service (spam, trojan, resource abuse resulting in a suspension, or any other way we deem to be inappropriate, including a website being compromised due to a vulnerability of an application installed by the user);
- We believe you have breached your agreement with clause 20.1.2 in any way;
- We have sent communication to you, and we do not receive a response to our communication within 1 week of us sending such communication; or
- We believe the request is fraudulent.
- We take no responsibility for any mistakes in application either on the advice of our staff or your sole decision; and
- You are liable for the costs we incur (including legal costs on a full indemnity basis) if you make any claim in connection with or arising from Services, and you have breached your agreement with clause 20.1.2 of these Terms in any way whatsoever at any time after indicating your agreement to these Terms.
20.3.2 Process of claiming refund
In order to claim a refund or account refund, you undertake to clearly request a refund or account credit (and provide reasons for the request) via email to us within 72 hours from the date that the Service was provisioned as defined by the invoice creation date, or within 72 hours of the dispute occurring. You understand that it is your responsibility to ensure that we have received your email within this timeframe. Generally, a response will be sent to you within a fortnight of us receiving your request, but we may convey a response earlier. You also understand that your eligibility for refund or account credit is subject to clause 20.1.2 of this Agreement.
Account credits cannot be refunded or redeemed as cash credits under any circumstances. Account credits, whether purchased by you or provided to you as a gesture of goodwill, can only be redeemed via purchase of any Service(s) available at our website.
20.4 Service Uptime Guarantee
We have a 99.9% Service Uptime Guarantee for all of our part-managed and full-managed servers. Should the service experience any downtime due to an error on our behalf, that is investigated and proven by us, you can contact our support staff and request a refund or account credit of the pro-rata value of product from the date of purchase up until the date of the determined failure. You acknowledge and agree that refunds will be issued to the credit card used to purchase the product and that account credit may only be used to purchase product/service(s) from us.
You further acknowledge and agree that we are under no obligation to contact you regarding a refund or account credit for a failure if you have not made a refund or account credit request. You also agree that only one refund or account credit can be awarded for a product for the same period of time. If more than one failure of the Service Uptime Agreement is experienced, a refund or account credit can only be awarded from the date of the last failure up until the date of the current failure. You cannot claim from the date the product was purchased if you have already claimed the value of this period previously. You acknowledge and agree that the Service Uptime Guarantee does not apply to service interruptions caused by:
- Any actions, of any kind, on your behalf where you have misused the product or caused a change to the configuration of the product. Such actions include, but are not limited to, alterations to the settings of the product that causes a break in the connection to the domain name.
- Any actions or alterations made to the product by third parties, or any alterations made to the product by the installation of, or any other action associated with, third-party applications.
- Outages that do not affect the functioning of your website, including visual appearance, yet only affect your access to internal features such as email or back up information/data.
- Outages beyond our control caused by any of the following; force majeure (any 'act of god' including those induced by negative human activities), war, invasion, act of hostilities, civil war, rebellion, military power or confiscation, terrorist activities, nationalism, governmental/quasi-governmental sanction, restraint, embargo, prohibition or intervention, blockage, labour dispute, general strike, lockout or failure of utilities (electricity, telephone, etc.), failure of hardware (our hardware as well as third party), failure of software, failed software or hardware upgrade or any other failure as caused by us, our suppliers or any third party.
- Routine maintenance, service and upgrades performed from time to time. We will endeavour to act on such instances at the most convenient times and provide reasonable notice by any means we deem satisfactory.
20.5 Suspension & cancellation
You expressly and irrevocably agree that we reserve the right to suspend/cancel any/all Service if:
- You have any outstanding invoice or account.
- Your account is in dispute or dispute resolutions procedure, court order, judgement, findings or determination.
- You fail to comply with any provision in this agreement or those referenced in this agreement.
- There is evidence of fraudulent, illegal, defamatory, offensive activities, or any activity in breach of a third party's rights.
- We deem your use of our services may jeopardize the operation of the service, us or our suppliers.
- We deem any other reason as satisfactory to protect us, our staff and/or our suppliers.
Any suspension or cancellation is subject to clause 20.3.
If your account is cancelled under this agreement:
- You must pay all outstanding charges to us immediately.
- We may revoke/terminate any license issued to or by you in relations to the services as of the date of cancellation.
- We may immediately delete all data held prior to cancellation.
- We may perform any action without notice