Dedicated Servers - Terms and Conditions
In these terms and conditions an “account holder” refers to the customer of Dedicated Servers and the “services" refers to the services or products supplied to the account holder including (but limited to) access to and use of, a server(s). Dedicated Servers reserves the right to suspend or cancel an account holder's access to any or all services provided by Dedicated Servers when Dedicated Servers decides (at its absolute discretion) that the account has been in contravention of the Acceptable Use Policy, inappropriately used or otherwise. These terms and conditions apply to initial and all subsequent orders howsoever placed by the account holder, or its authorised representatives. Any pricing mention is exclusive of GST unless otherwise mentioned.
1. ACCEPTING THE TERMS AND CONDITIONS
In order to use the Services, you must first agree to the Terms and Conditions. You may not use the Services if you do not accept the Terms and Conditions. You can accept the Terms and Conditions by: (1.) clicking to agree to the Terms and Conditions on an order form; or (2.) by actually using the Services. In this case, you understand and agree that Dedicated Servers will treat your use of the Services as acceptance of the Terms and Conditions from that point onwards. You may not use the Services and may not accept the Terms and Conditions if you are not of legal age to form a binding contract with Dedicated Servers.
2. SERVER USE
Dedicated Servers reserves the right to refuse service and/or access to its servers to anyone.
The account holder is not permitted to store, access or provide access to any of the following on its servers:
- Illegal material, including copyrighted works, commercial audio, video, or music files, and any material of any type in violation of any Federal, State or Local law or regulation anywhere in the world.
- Adult material, including pornography, erotic images, or otherwise lewd or obscene content of any type. What constitutes "adult material" is entirely at the discretion of Dedicated Servers.
- Bit Torrents.
- Warez, including pirated software, ROMS, emulators, phreaking, hacking, password cracking. IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide "links to" or "how to" information about such material.
This and any other agreement with Dedicated Servers does not grant or entitle, expressly or otherwise, any right, title or interest in the hardware (including, but not limited to any server) of Dedicated Servers.
Each server is allocated a set amount of data transfer allowance per month (calculated as both inbound and outbound) as specified on the order page. Bandwidth allowance is strictly based on a per server basis and cannot be pooled with any additional service(s) the account holder may have. If the bandwidth allowance is exceeded, the account holder is liable for the cost of the exceeded bandwidth amount. Bandwidth usage will be solely based on Dedicated Servers monitoring. Monitoring is calculated on the switch port the service is connected to or via Netflow. Dedicated Servers reserves the right to remove services that exceed their bandwidth allowance without notice. Excess bandwidth is charged at the rate displayed for your relevant service(s) on the Dedicated Servers website (http://www.dedicatedservers.net.au) in excess of that originally allocated for the service.
4. HIGH RESOURCE USER POLICY
Resources are defined as bandwidth.
When a server is found to be excessively using the resources available, Dedicated Servers reserves the right at its sole discretion to shut down that server immediately. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers and network. Where appropriate account holders may be offered an option whereby Dedicated Servers reactivate the server with additional resources for an additional fee. If the account holder is expecting a major change of bandwidth usage, please contact us to avoid services being shutdown for mass legit traffic increases.
While reasonable efforts will be made to limit inbound and outbound attacks on severs, Dedicated Servers are not be obliged to prevent, limit or stop such attacks and the account holder shall be responsible for all bandwidth used whether or not used or contributed to, by an attack.
5. PAYMENT POLICIES
All account terms are 7 days from date of invoice, however Dedicated servers reserves the right in its absolute discretion to require payment in advance. Although Dedicated Servers reserves the right to change prices of accounts or services at any time, all pricing is guaranteed for any period of prepayment. Charges will be invoiced either on each yearly anniversary or monthly on the first day of each month. Part months will be charged pro rata from the date the account or service(s) was established. All accounts are automatically renewed at the end of each payment period unless cancelled in accordance with our cancellation policy set out in item 6 of these Terms and Conditions.
All services on 12 month contract are only payable on a pre-pay basis. Any additions, such as excess bandwidth, will be based on a monthly basis.
Where the account holder has provided debit or credit card details and the debit is declined, Dedicated Servers may immediately suspend the account until outstanding charges are processed successfully. In addition, Dedicated Servers reserves the right to suspend any other services for that account until the outstanding charges are paid. The account holder is responsible for all outstanding charges on the account. The account holder may be charged a $30 administration fee for each declined or dishonored payment.
All invoices will be sent directly to account holder via e-mail and will be deemed to have been delivered if no bounce back is received. Any discrepancy in invoices must be declared within 3 days of receipt. No bills or invoices will be sent by regular mail.
All invoices must be settled in full before any cancellation notice is accepted.
6. CONTRACT TERM, PERIOD AND PAYMENT OPTIONS
When ordering a service an account holder may select either a monthly account or a yearly account (discounts usually apply). Yearly accounts are binding for the full 12 month term and the remaining term value shall become immediately payable if a service is cancelled prior to the end of the term.
When ordering a service on a Contract Term, wthout limitation to any other rights or remedies of Dedicated Servers, if this Agreement is terminated during the Term by the Customer, Dedicated Server may charge a cancellation fee calculated by multiplying the number of months remaining in the Term by the average fixed and variable monthly Charges. The Parties agree that this is not a penalty but an accurate estimate of the loss and damage that Dedicated Servers will suffer as a result of early termination of this Agreement for which the Customer will be liable.
In order to streamline our accounting procedures and keep costs down Dedicated Servers runs a limited number of payment options:
Direct Deposit – The account holder is responsible for; clearly identifying the payment reference to either their company name or invoice number; ensuring payment is made allowing time for the transfer to complete prior to the due date; and that a remittance notice is sent to firstname.lastname@example.org
Credit / Debit Cards – Amex, MasterCard and Visa (not Visa electron, switch or solo).
Cheque Payment - This option is only available to account holders who pre-pay annually for their primary service(s). A credit / debit card is required if account holders require to purchase add-on, upgrades, bandwidth overage and other services on-line. Dedicated Servers cannot guarantee that a service will be provided until after payments have been cleared.
7. CANCELLATION AND REFUNDS
Dedicated Servers reserves the right to cancel the services at any time if it reasonably believes the account is being misused, the Acceptable Use Policy is contravened or these Terms and Conditions are materially breached, in such event(s) account holders will not be entitled to any refund.
Account holders on monthly contracts only may cancel their account at any time by submitting a service cancellation ticket to the Accounts Department within ‘The Panel’ (https://thepanel.dedicatedservers.net.au). You must also confirm that you have received a confirmation email of the cancellation request. Cancellation requests must be received and confirmed: (i) for servers or accounts on 12 month contracts or paid annually - at least 30 clear days prior to the end of any such period (ii) for all other servers and accounts, cancellation requests must be submitted and confirmed on or prior to the 15th day of the month preceding the required date of closure.
Upon cancellation any incentives offered to account holders when opening the account will also be cancelled. Account holders may be given the option to purchase services, which were offered as start-up incentives in the result of a cancellation.
Fees charged on a prepay basis are non-refundable. In addition some accounts incur set-up fees, these charges are also non-refundable.
Refunds – Dedicated Servers does not offer refunds. Please ensure any service(s) are adequate for your needs before ordering. From time to time account credit may be offered, cancellation of your account forfeits any account credit you may have and is not redeemable via any other means.
8. EXTRA CHARGES
These only apply under the following terms:
1. Late fee of $20
2. Declined or dishonored payment fee $30
3. Chargebacks $30 plus chargeback fee(s)
4. Re-activation fee $30 per server
5. Outstanding Payment Collection fee $200
6. Debt Collection Fee 10% of entire debt
Dedicated Servers reserves the right to pass on any fee(s) it may receive in relation to your service(s) to the account holder.
9. GOVERNING LAWS
The agreement between you and Dedicated Servers shall be governed in all respects by the laws of Queensland Australia. The parties to irrevocably submit to the non-exclusive jurisdiction of the courts of Queensland Australia. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of each section.
Each provision of the agreement between you and Dedicated Servers including these terms and conditions are severable and if provisions of this agreement or terms of service are held to be invalid or unenforceable such provisions may be removed and the remaining provisions may be enforced.
The account holder agrees that it shall defend, indemnify, save and hold Dedicated Servers harmless from any and all demands, liabilities, losses, costs and claims, including legal costs (on an indemnity basis or solicitor/client basis, whichever is higher) claimed or asserted against Dedicated Servers, its agents, its account holders, officers and employees, that may arise or result from any service provided or omitted, performed or agreed to be performed or any product sold by account holder, its agents, employees or assigns. The account holder agrees to defend, indemnify and hold harmless Dedicated Servers against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Dedicated Servers' servers; (2) any material supplied by the account holder infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement; (4) any defective products sold to account holder from Dedicated Servers' server and any defamatory or allegedly defamatory material on Dedicated Servers servers.
Dedicated Servers will not be responsible for any damage, loss or liability the account holder or any third party may suffer. Dedicated Servers makes no warranties of any kind, expressed or implied for services we provide. Dedicated Servers disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of revenue, profits or data resulting from server failure, downtime, delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Dedicated Servers and its employees or otherwise. Data, data backup(s) and the integrity of such backup(s) remain the account holders’ responsibility at all times. Dedicated Servers reserves the right to revise its policies at any time.
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