Hightek
Hosting will hereby be referred to as "we", us", "our"
or "HH”. The customer will be referred to as "customer",
"you", "client", "account holder" or
"I".
1. Account Setup
a.
Eligibility.
Our services are available only to, and may only be used by individuals &
businesses that can form legally binding contracts under applicable law.
Without limiting the foregoing, our services are not available to children
(persons under the age of 18) or to temporarily or indefinitely suspended
customers or customer's users. If you are a under the age of 18, you can use
this service only in conjunction with, and under the supervision of your
parents or guardians. If you do not qualify, please do not use our services.
b.
We are a
self service provider. The customer will manage their own account setup using
the tools we have provided. We will setup your account after payment has been
received & cleared, and our payment partner(s) have screened your order in
case of fraud. You may be requested to provide proof of your identity and
payment. If paying by credit card, we may require you to fax a copy of the
front and back used to make payment of the card to +61 2 6971 1189 (if
requested by our accounts department) before your account is activated. If this
information is not provided, we reserve the right to terminate all services on
your account without refund. Please provide us with an email address which is
not at the domain you are signing up under.
c.
It is not
possible to assign products and services across separate accounts once ordered.
Duplicate accounts can be merged into one account.
d.
Duplicate
accounts should not be created. If you have created a duplicate account, these
accounts can be merged into one management account. If however, duplicate
accounts have been created for personal/business purposes (i.e.: One for
personal, one for business) then this is permitted, however support issues must
be raised within the relevant account they are for (e.g.: You cannot raise a
support issue for one account from within another account)
e.
Only the
authorised person listed on the account, entered at signup will have access to
the account, and they will be referred to as the 'primary account holder'. The
primary account holder will be issued with an email address and password which
is required to access our "Client Area/MyAccount Portal" for billing
and technical support. You are required to login before we engage your account.
Requests received from your account once logged in, will be deemed to have come
from the primary account holder. Requests not sent from your primary email
account may not be responded too and may be deleted without notice. Please
ensure you never give out your login details to anyone and that when contacting
us, you ensure you do so from your primary email account that you used when
signing up. Hightek Hosting may also verify your identity by asking security
questions, as required by the privacy laws in Australia. The client agrees to
provide this information before assistance can be provided to them. The primary
account holder also agrees to keep their contact information up to date at all
times.
f.
If you wish to change the legal ownership of
a whole account (and/or any of the products and services under it) there is a
AUD$15.00 charge for the administration work involved. To facilitate the
transfer, the primary account holder needs to complete and fax a Change of
Account Ownership Request. Please allow 5 working days for a transfer of legal
ownership on the account. Changing the legal ownership of an account does not
include updating the legal registrant information for an .au domain name. Doing
this will incur additional fees
g.
If you have
a shared or a reseller hosting package, the domain you have nominated on your
order is the domain to have hosted on our servers and cannot simply be changed
at your desire. Generally the domain you nominate on your order, be it to
register as a new domain, transfer or update dns, will be the domain that will
be chosen to have us host, however, if you do require us to change the domain
hosted to another domain, this will incur an administration charge of $15.00 to
make this change. A support ticket must be lodged to make this change. Once we
have issued you with an invoice for the administration charge and it has been
paid, the change will be implemented within 24 hours.
h.
If you
exceed the predefined limits of your hosting package, and utilise extra
resources that have not been paid or do not form part of your plan, we reserve
the right to charge for the extra resources used from the initial date of usage
until the present day.
i.
If you wish to change or alter your billing
cycle, it is important that you provide us with 10 days notice prior to your
service being re-invoiced for your previous nominated billing period. Failure
to contact us 10 days prior will result in your service being re-billed for the
existing period set on your account.
j.
Account Activation Policy/Delivery Policy -
Please be sure you read and understand our account activation policy/delivery policy
before processing your order. You may read this information here.
k.
HH may
suspend or cancel an account or order if customer information is false or
inaccurate.
l.
You agree to inform us of any changes within
five days of any changes occurring or risk being in breach of this agreement.
2. Content
a.
All products
and services provided by Hightek Hosting may only be used for lawful purposes.
This includes, but not limited to copyrighted material, or material we judge to
be threatening, obscene and pornography. We do not allow pornographic sites.
The customer agrees not to host such material.
b.
The customer
agrees to indemnify, defend and hold harmless Hightek Hosting from any claims
resulting from the use of our products or services in any shape or form.
Hightek Hosting does not endorse any web site content hosted on our network and
the content remains the property of the web site owner. If you wish to lodge a
complaint against a web site, please click here.
c.
Examples of
unacceptable material that is prohibited includes:
-
IRC Bots
-
Warez Sites
-
Defamation of person's character
-
Pirated Software
-
Running processes which cause the server to
crash or become non-responsive
-
Illegal or pirated sites, content or software
(including illegal torrents)
-
Breaching copyright and trademarks
-
Proxy servers or other servers Hate sites
-
Pornographic sites
-
MUD applications
-
Hack programs and archives
-
Spamming related sites or sites that send /
relay spam email
-
Extremist’s sites
-
Phishing sites
-
Online Gambling Sites
-
Other sites where formal complaints are
received
-
Sites where HH is placed 'on notice' or where
legal action will be taken against a HH for hosting a web site, with supporting
evidence.
-
Sites which have been hacked / run malicious
scripts
d.
If your web
site or hosting service is suspended and/or hosts any of the unacceptable
material (above), we reserve the right to charge a cleanup fee for the
administration time involved to attend to your account / server and update you
on the issue at the standard rate of AUD$95.00 Inc GST per hour (minimum 1
hour). You will be responsible to resolve the issue and rectify the issue after
we inform you of the breach.
3. Resource Usage
a.
Users may
not initiate the following:
-
Use 25% or more of system resources for
longer than 90 seconds. There are numerous activities that could cause such
problems; these include: CGI scripts, scripts, FTP, PHP, HTTP, Mail, MySQL etc.
-
Run any type of interactive real-time chat applications
that require server resources. Remotely-hosted services are fully allowed. Run
stand-alone, unattended server-side processes at any point in time on the
server. This includes any and all daemons, such as IRCD.
-
Run any software that interfaces with an IRC
(Internet Relay Chat) network.
-
Run any gaming servers such as
counter-strike, half-life, battlefield1492, etc unless otherwise specified
within your hosting agreement with us - that is, unless you purchase a
vps/dedicated server that we allow this to occur.
-
Any activity which causes the server to crash
/ restart
-
Check their email more than every 5 minutes
b.
We reserve
the right to suspend and/or terminate any account found utilising/abusing the
above items.
4. Zero Tolerance Spam &
Leeching Policy
a.
We take a
zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and
spam. "Safe lists" and "double option" will be treated as spam.
We reserve the right to require changes or disable as necessary any web site,
account, database, or other component that does not comply with this policy, at
its sole discretion. We also reserve the right to make any such modifications
that are urgent at our sole discretion.
b.
We reserve the right to charge the customer of
the account used to send any unsolicited e-mail a clean up fee. This cost of
the clean up fee is left entirely to the discretion of us, calculated by the
number of messages sent, administration time and removal of spam blocks from
external networks.
c.
The customer agrees not to use the shared URL
as a primary download link or web site address, except for genuine shared SSL
usage, as outlined below. This link is provided for web site testing purposes
only. If found to be using the shared URL as a primary download link or web
site address, you will be charged extra bandwidth usage charges and/or a cleanup
charge as the discretion of Hightek Hosting. The shared SSL link can only be
used for valid sites that need secure access for their functionality e.g. running
an online store.
5. Backups and data loss
a.
The backup
function in your control panel uses high server resources and may cause the
server to become less responsive, affecting the web site performance for other
users. You agree to only perform backups of your site (databases, web space,
etc) using the backup function in your hosting control panel between the off
peak hours (Off-peak is classified between 11.30pm Australian Eastern Standard
Time and 7am Australian Eastern Standard Time). Using the backup function
outside of these times may result in your account being suspended.
b.
Your use of
our products and services is at your sole risk. We are not responsible for
files and data residing on your account. You agree to take full responsibility
for files and data transferred and to maintain all appropriate backup of files
and data stored on our servers at all times.
c.
We are not liable for any data loss due to
server failure, any other failure whatsoever, or unforeseeable corruption of
programs, hacking, etc. The client should always have a backup or storage of
data that is not corrupted and is available to be used if necessary. If you
perform updates to your site, pages, emails etc and for some reason or another,
data loss is experienced; it is up to you as a client to ensure you performed
your own backup beforehand. We cannot stress this enough.
d.
We provide
backup tools in your control panel which will allows you to perform backups of
your account when required, or you can always download your web site files from
our server for external storage.
e.
We do
perform backups of our own servers on a daily basis. These backups are for
internal archive use only, such as major disaster recovery or catastrophic
failure. Should a server fail to the point where we are required to use these
backups, please bare mind that our backups may not be as up-to-date as your
data. Once again, we hold no responsibility for your data, data loss or any
issues that may occur with these backups and it is your own responsibility to
ensure you have your own backups available, should one need to be restored for
any reason.
6. Free Transfer Policy
a.
Our
"Free Transfer" policy only applies to those transferring their
accounts from an already existing cPanel hosting service. We will transfer all
existing files, databases, email accounts etc via the cPanel transfer utility
free of charge.
b.
If you are
not currently on a cPanel hosting service, then free transfers do not apply and
any transfers performed are subject to our IT service rates, charged under our
"Workshop Rates"
c.
The free
transfer only applies to transferring the data and sites. We will not edit,
manipulate or re-code files upon transfer. This is up to the client to do
themselves. If we are requested to perform such actions, we will do so at our
standard workshop rates. See http://www.hightekhosting.com.au/services.php for
information on our pricing structure.
d.
If your
account transfer quantity exceeds 50 accounts, we reserve the right to charge a
$35.00 administration fee due to the time involved to perform these transfers.
7. Free Domain for 12 Months
a.
If the
customer is placing an order for a hosting service to which they wish to obtain/take advantage of the free domain offer, they must select the option stating "I wish to register a new domain" when placing their order.
b. The free domain applies only for the first year of registration
c. The free domain can only be a .com, .net or .org domain
d. If an issue arises where the customer did not place the order correctly and still wishes to obtain the free domain, the customer must contact Hightek Hosting within 48 hours of the order being activated.
8. Support
a.
If the
customer is experiencing difficulties or issues with your hosting, you are
required to notify us of the issue immediately, so we may resolve the issue. If
you do not notify us of the problem, no allowances will be made, as we have not
been given a reasonable opportunity to resolve the issue. We are an Internet
Presence Provider (IPP) and are not responsible for the users Internet
Connectivity through their Internet Service Provider (ISP), connection
troubleshooting or computer setup. Please contact your ISP for assistance in
these matters. You must allow a reasonable time period for your issues to be
resolved.
b.
Live
assistance is not always available 24/7 and should not be relied upon as a
primary form of technical support. As such, if you require any technical
support, it is suggested and preferred that a support ticket be lodged via our
client area. This ensures that our technical team will receive your request and
respond as quickly as possible.
c.
Live chat is
subject to staff availability and a 5 minute idle time. If you choose to
utilise our live chat facility, please take into account that we may
close/cancel a live chat session if an idle time of 5 minutes or more is
experienced. If you choose to log onto live chat, you must respond to our
operator within 5 minutes otherwise we may close/end the chat session.
d.
For each
issue with your account, a separate support ticket must be logged. When logging
support tickets, it is important and vital that you provide us with:
-
Details as to the issue you are experiencing.
-
Details of any error messages you are
receiving (if any)
-
Username and password details to the account
that is experiencing the issue
-
What steps you may have taken to check this
issue further (if possible)
-
Any domain or account details, such as
software login, management or child restraints.
Failure to provide enough
information may result in your support ticket being rejected or assistance
taking longer than normal.
e.
Regardless
of if an issue has been mentioned in a previous ticket, it should all be lodged
as separate tickets so as we can accurately track the status of your account
and the work performed to it. This is also required as a method of being able
to see what work has been performed to your account over time as well as an
audit trail to compare with.
This also matters on a legal standing, that should details of your account and
its work be called up by a legal team at any time, we are able to produce such
details upon legal request.
f.
Software - In regards to this, our support on
software and CMS (Content Management Systems) is very limited.
g.
We can only
offer limited support on this software purely because although it may be a part
of a package offered, such as Fantastico or cPanel, we cannot offer direct
technical support on it. It is suggested that you contact the software
developer or your website developer for assistance on your chosen software
product for support and advise if you experience technical issues.
h.
Under our
support, we do however cover issues such as:
-
Limited advice on how to resolve some issues.
-
Details of what an error may be related to.
-
Limited server or service reconfiguration (if
found to be a direct issue with our configuration, not an issue with your
configuration)
-
What steps you may of taken to check this
issue further (if possible)
-
Issues with cPanel, WHM or the physical
server software that publishes your WebPages.
Under our support, we do not cover issues
such as:
- Development or coding issues
- Modifications, upgrades or migrations
- Reconfigurations to your chosen system to work with our systems
i.
Most software products will work on our
server systems and require very little adjustment. If in doubt, check the
system requirements and request technical support from the software developers
or your website developer.
j.
Any
work we do carry out on your website software to do with upgrades, modification
installations, migrations or coding issues may be subject to a "Workshop
Labour" charge, as it falls under "Web Development" and is not
covered by our standard hosting agreement. See our IT Services page for details
on these charges.
k.
If you are a
client who has a Server Management plan with us, this also applies to you. We
will only ever offer technical support for the server software however no
additional third party software can be easily supported due to the nature of
each product being different.
l.
Products we will cover with our technical
support are:
-
cPanel/WHM (unless unmanaged service - VPS,
Dedicated & Colocation Services)
-
PHP, Apache, MySQL, PostgreSQL, TomCat
-
Operating System Issues
-
RVSiteBuilder (unless unmanaged service -
VPS, Dedicated & Colocation Services)
-
General Fantastico issues (does not apply to
software that is installed by Fantastico)
-
Virtuozzo
Power Panel/Containers (unless unmanaged service - VPS, Dedicated &
Colocation Services)
m.
Technical
support is available 24 hours a day, 7 days a week, 365 days a year, however,
not all contact methods are operated 24 hours a day. Effectively, our phone and
email support is available 24 hours a day, with live chat, MSN and Skype
available at various time points throughout these 24 hour cycles. Not all
methods are available at once. Should you consider your matter urgent, you may
choose to phone us 24 hours a day for assistance.
n.
If you have
any questions about what we cover or don't cover, feel free to lodge a support
ticket with us and we will provide you with more information.
9. Security
a.
We may
introduce new security measures from time to time to help prevent malicious use
and attacks on and to our servers. This includes regular maintenance and
upgrades to our server/s and its software.
b.
We have a
strict client security policy in place as well as important information all
clients must understand before signing up to our services. You can review our
Customer Security information here
c.
Upon signup
to our services, it is important that all customers understand our security
measures, including our security verification methods. This includes providing
us with a security password verification method. These methods are in place to
protect you, the customer, whereas we can easily indentify you should any
information need to be disclosed regarding your account.
10. Security Password Policy
a.
It is
important that you select a security password that you can easily provide to us
to verify your account, should you contact us regarding important information
or changes to your account.
b.
We recommend
that you use a security password or identification method that you can remember
but that no-one else knows. Security passwords such as a combination of numbers
and letters are best.
c.
All details provided to Hightek Hosting are
stored and encrypted securely on our networks and are not linked to any of
Hightek's services in any way. These details remain strictly confidential and
shall not be provided to any other company or third party without written
permission and identification from the owner or under circumstances where a
legal requirements needs to be met, such as a court order or magistrate
request.
d.
Passwords
that use profanity, explicit words or of any offensive nature may result in
having your order rejected, account cancelled or suspended at our discretion.
e.
We reserve
the right to decline security passwords if they do not meet the standards as
outlined in our Terms of Service.
f.
If you do not agree to any of our security
methods in place, we request that you do not place an order with us as these
methods are our strict policy put in place to protect our clients.
11. Payment
a.
All new
orders are required to be paid immediately and invoices hold a 24 hour due
period. Invoices not paid immediate will be sent reminder notices and may
subsequently be issued with a late fee if not paid within 5 days. If you have
placed a new order and wish to cancel the order, no payment will be required
and the order will be cancelled.
b.
All invoices
for current clients are created 10 days prior to your signup anniversary date
and are due within the 10 day period as outlined on the invoice.
c.
The customer
agrees to supply full payment for the services received from us, on or before
the time period during which such services are provided. You agree that until
and unless you notify us of your desire to cancel any or all services received,
those services will be billed on a recurring basis. If you want to cancel your
account, you must Contact Us 7 days prior to your anniversary date of
subscription.
d.
Hightek
Hosting reserves the right to change the advertised price on products and
services and any other charges at anytime. Existing customers will be notified
prior to any change in their billing cycle charges if this occurs.
e.
All goods
and services purchased for which payment has not been received in cleared
funds, remains the property, internet property and intellectual property of us.
f.
Your account will not be created until funds
have been received in full as cleared funds. It is your responsibility to
ensure we have received funds by the due date to avoid suspension and/or
termination of our products and services. If you have made an over payment on
your account and require a refund, you will receive a refund, minus a AUD$10.00
administration charge, to cover our bank fees and company administration. We
may remove any accounts for which payment has not been received.
g.
We reserve
the right to change and refuse payment methods to clients at our sole discretion.
If payment is not received 5 days after the invoice due date, we reserve the
right to charge a late payment fee of AUD$25.00 and suspend your account.
h.
Dishonoured
cheques will attract an administration charge of AUD$35.00.
i.
If the client account is unpaid after 14
days, Hightek Hosting reserves the right to allow a debt collection agency to
obtain information to recover the debt. Your information may also be given to
legal practitioners and credit agencies if proceedings are initiated. All fees
and charges incurred by these proceedings will be added to the overdue amount
and are required to be paid.
j.
HH shall continue to rebill a suspended
account as normal notwithstanding that you may not be able to access any
products or services.
12. PayPal & Paymate Payments
a.
If you have
signed up using PayPal or Paymate subscription, your PayPal account will be
rebilled on the due date of future invoices. Our system generates and emails
you an electronic invoice when your service is due for renewal. Should you
cancel your service with Hightek Hosting, it is your responsibility to ensure
you cancel the subscription via PayPal or Paymate. If you do not process the
cancellation with PayPal or Paymate, you will continue to be charged
automatically by these services. Should you then require a refund due to
ongoing payments; a $10 administration charge will apply to cover costs in
processing the refund.
13. Credit Card payments
a.
If you have
signed up using credit card, your credit card will be automatically be rebilled
each billing cycle for your account. Our system generates an electronic
invoices 10 days prior to your package renewal date. to which will
automatically charge your credit card within 72 hours of the invoice
generation. By selecting credit card payment on signup, you agree to these
terms. If you do not agree to this occurring, we suggest you do not select
credit card payments and you should select an alternate payment method.
b.
Please
ensure sufficient funds are available on the due date. If rebilling fails due
to insufficient funds in credit card account, we reserve the right to add
AUD$2.00 per failed transaction to your account, to cover our transaction fees.
We also reserve the right to change your billing method from automatic credit
card payments to manual payments, where the user is required to login and make
payment.
c.
You
understand and agree that you have obtained the credit card owner's permission
to use the credit card to purchase our products and services and they are
aware, accept and agree that the transaction is taking place on their card.
d.
If a charge
back is requested where services have been provided and/or you have not
followed our cancellation procedure, a AUD$50.00 administration fee applies per
chargeback request.
14. Direct Debit Payments
a. If you nominate to pay your account via Direct Debit, please be aware that this will incur a $2.50 Administration Charge, which will be applied to each invoice.
15. Credit Terms
a.
By default,
all accounts are invoiced 10 days prior to the anniversary of your signup.
These invoices are to be paid within the 10 days. If they are not paid within
the 10 days, they will fall into overdue, where at any time, we reserve the
right to suspend your account due to non-payment. We do not provide credit
terms unless formally agreed in writing and the appropriate credit checks are
performed. If you wish to apply for credit with us, you must contact our Accounts
Department to discuss this.
All invoices are due at
time of order or 10 days if service is active.
16. Package changes
a.
From time to
time, we may update our hosting package plans. Customers on previous plans will
not be automatically upgraded to the newest version of the plan. Customers on
previous plans will keep the features of their current hosting package. If a
customer wishes to upgrade to the newest plan, a AUD$5.00 administration fee
will apply. Your hosting account may also need to be transferred to another
server to take advantage of the newer features.
Packages are up-to-date as of 1st
March, 2008
17. Suspension
a.
We reserve
the right to suspend your account if you have an outstanding invoice/account,
your account is in dispute or if you are in direct violation/breach of any of
the terms disclosed in this agreement.
b.
If your
invoice or account remains unpaid, or until the dispute is resolved, we reserve
the right to cancel or suspend your entire account(s) and all products and
services under it. If you account has been suspended or cancelled, no further
support resources will be provided by us in relation to products and services
on your account, including domain names, web hosting, ssl certificates until
the account has been paid in full.
c.
We reserve
the right to pass your information onto a collections agency for debt recovery,
if for 14 days your account remains unpaid.
d.
We reserve
the right to suspend your account at any time for breaching our terms and
conditions, for initiating in activities which may reduce the security of other
web sites on our servers, or where Hightek Hosting has been given misleading or
false information regarding the type of web site to be hosted or the customer
information provided has been inaccurate or false.
e.
We may
investigate to recover any outstanding debts.
18. Microsoft FrontPage Extensions
a.
Microsoft FrontPage
98 extensions are not supported by our systems, as Microsoft has removed
support for this version of FrontPage. FrontPage Extensions 2000+ are
supported, but limited support is available for this. If you find you have an
issue with FrontPage extensions, chances are that this support is being removed
by our software providers.
19. Cancellation
a.
Hightek
Hosting reserves the right to cancel your account at any time. If your account
has been terminated or suspended for breaching our terms and conditions,
non-payment or where a formal complaint is received, no refunds will be given.
b.
Any proof of
misleading, giving false information, abuse, swearing, extortion, harassment,
improper conduct, attempting to damage relations reputation or goodwill of
Hightek Hosting or attempting to damage relations of its employees, third party
providers, and wholesaler providers will lead to automatic cancellation of your
account without refund. Your agree you will not damage relations, reputation or
goodwill with Hightek's current, future and prospective clients. This can be by
email, live chat, forums, web sites, telephone and may include threatening,
attempting to damage business relations or reputation, providing incorrect
information, extortion, harassment, improper conduct, abuse, swearing,
publishing and distribution of any communication between you, employees, third
party providers or wholesaler providers, or other unlawful activities. We also
reserve the right to seek and claim damages and losses.
c.
If you have paid for a year's access and
received a free domain name, the domain name remains with the property of the
registered owner.
d.
How to
cancel your account: To cancel your account or products and services on your
account, please submit a cancellation request via your Client Area->My
Services->View Details->Cancellation Request.
e.
You must
provide a minimum of 7 days notice prior to your product/service renewal date
if you do not wish your product/service to renew. This includes the cancellation of product licences issued by Hightek Hosting. When cancelling your account,
you are able to either select immediate cancellation or cancellation at the end
of your billing period. Please note that immediate cancellations will be
processed immediately, and as such, your account on our server will be
terminated immediately. If you do not wish for this to occur, you are required
to select the alternative cancellation option. If you have any questions
regarding the cancellation process, please contact our Accounts Department via
email at: accounts@hightekhosting.com.au
f.
Once
you have cancelled your account, no further support resources will be provided
by our staff in relation to products and services on your account, including
domain names, web hosting, ssl, etc. We will not engage, discuss or alter your
account in any way once your account has been cancelled.
g.
No refunds
or credit will be given if you cancel your account or downgrade to a lower
package. If you have a credit on your account and refunded, a AUD$10.00
administration charge applies. If you have a subscription enabled with either PayPal
or Paymate, you must cancel this subscription yourself. Failure to do so will
result in payments continuing to be automatically debited from your nominated
account or credit card. Refunds of these payments can be issued however they
will incur a $10 administration charge to cover our company administration and
various fees. All refunds will be processed within 7 days and may take up to 10
days to appear in your account.
h.
Hosting,
Domain names, SSL certificates, Parallels licences (including Plesk, Virtuozzo & Sitebuilder) and account add-ons are
non-refundable.
i.
If your account with Hightek Hosting has been
terminated due to unpaid accounts, and would like to reactivate your account, a
AUD$37.50 Inc GST administration fee will apply to cover the admin time
involved in recreating your account and update our billing system, including a
new invoice for the desired billing cycle being issued for continued service on
the account.
j.
If
your account remains unpaid for a period of 14 days, we reserve the right to
terminate your account at our discretion.
k.
If you have
filed a cancellation request but have failed to provide the above notice
required, any outstanding invoices will still be required to be paid. Failure
to pay any outstanding amounts may result in your account being referred to our
legal team for recovery, to which you will be liable for all costs incurred to
do so. If within our 30 day money back guarantee period, this is further
explained below.
l.
If you are within the 30 day money back
guarantee period and wish to file a refund request, please do so as outlined in
Section 22.
m.
After your
cancellation is complete, we will still retain information regarding
transaction history, account history, ticket information and other account
related information for taxation, administrative and legal purposes for a
minimum period of 7 years. This information will be held in accordance with our
Security and Privacy policies at all times and will not be released unless
required by law in the form of a court order or magistrate request.
n.
If you wish
to re-activate or -re-establish a service to which you cancelled with us via a
Cancellation Request, an administrative fee of $37.50 Inc GST will apply to
cover the admin time involved in-recreating your account and updating our
billing system, including a new invoice for the desired billing cycle being
issued for continued service on the account. In order to reactivate a service,
you must open a ticket with our Accounts Department requesting this. Any
previous pricing would not be valid and the invoice would be subject to the
current pricing at the time of re-activation.
o.
It is your
responsibility to cancel your service with the required notice as specified
above. Should the notice not be provided 7 days prior to your anniversary date
as requested, it will automatically be determined that you wish to continue
service for the further billing cycle selected on signup and your service will
automatically be renewed and invoiced for the selected billing period, being
that of monthly, quarterly, semi-annually or annually.
p.
VPS,
Dedicated & Colocation services are non-refundable. Should you cancel your
Virtual Private Server (VPS, Dedicated Server or Colocation service, any fees
are automatically forfeited on cancellation of the service and no refunds or credits will
be issued.
20. Colocation Policy
a.
You as a
customer are only allowed to remove your equipment from our colocation
facilities if and only if all outstanding invoices and accounts are paid and
up-to-date. All access and removal of equipment will be declined until all
accounts are paid and up-to-date.
b. If you have a colocation contract/commitment with Hightek Hosting and wish to terminate, you will not be granted access to the equipment for removal until the contract terms of cancellation have been met.
b.
Should you
request us to remove your equipment from the facility and ship the equipment to
you, you as the customer will be responsible for all labour costs and shipping
charges. These charges must be paid before any equipment is shipped to you and
all accounts must be paid and up-to-date.
c. Removal of equipment from the datacentre/colocation facility consitutes as a termination of that particular colocation service unless in the event of repair or replacement, to which replacement equipment is to be supplied/provided at the time of removal.
d.
If your
colocation service is cancelled or terminated due to unpaid accounts, a breach
of our terms of service or other reason as outlined by management, no refunds will
be offered or issued.
e.
If in
conjunction with Clause C of our colocation policy your equipment is left
unclaimed after a period of 3 months, it will become property of Hightek
Hosting, to which we are authorised to sell or auction at our sole discretion
to recover any costs outstanding.
f.
In the event
of server disconnection, power down or suspension of service, a $50
re-connection fee will apply per server to re-instate services.
21. Bandwidth Usage / Disk Space
a.
It is your
responsibility to upgrade your account and monitor your account usage.
b.
You are
allocated a monthly bandwidth allowance. This allowance varies depending on the
hosting package you purchase. Should your account pass the allocated amount you
will be required to upgrade to the next level plan of bandwidth usage and/or
disk space for increased limits. It is the customer's responsibility to ensure
they do not exceed their assigned limits.
c.
Our system
will automatically suspend your account if you exceed all of your allocated
resources. We reserve the right to suspend the account until the start of the
next allocation or until you upgrade to a higher level of package, terminate
the account and/or charge you an additional fee for the overages.
d.
Unused
transfer in one month cannot be carried over to the next month.
22. Price Change
a.
We reserve
the right to change prices listed on Hightek Hosting, and the right to increase
the amount of resources given to plans. Customers will be notified by email
before any price changes are implemented to their account. It is your
responsibility to ensure your email address listed in our billing system is
functional and working and can accept email from us.
23. Affiliate Policy - Affiliate Credit & Payments
a.
Affiliate
payments are made on a recurring basis once a payment is received from the
affiliated client/visitor that signed up.
b.
First
affiliate payment will be processed within 30 days of initial signup providing
the referred visitors account remains active.
c.
We do not
pay affiliate credits earned in cash. Affiliate credits can only be used as
credit towards your hosting account.
d.
If you
cancel your account with us, any affiliate credits are automatically forfeited
and cleared from our system.
e.
We reserve
the right to change the affiliate payment rate at any time without prior
notification.
24. Money Back Guarantee
a.
If you find
that you are not completely happy with your service provided by HH within 30
days of initial signup, you may contact us to request a full refund for
services (excluding domain registration fees and any outstanding amounts
owning)
b.
Money back
guarantee does not apply if you have been a client of HH previously or if you
are an existing client.
c.
From time to
time, HH may query a client regarding their reasons for cancellation. By
signing up with us, you agree that we may query your reasoning for
cancellation. The information obtained from these questions will only be used
as reference information for quality and training purposes so as we can
determine improvements required for our services.
d.
Money back
guarantee does not apply if your service/s is/have suspended or terminated due
to breach of our terms of service.
e.
Money back
guarantee does not apply if you are providing 24 hours notice cancellation
prior to your renewal order due date.
f.
Virtual Private Servers (VPS), Dedicated
Servers and colocation services are not eligible for a 30 day money back
guarantee.
g.
Setup fees
are non-refundable.
h. All Parallels licences are non-refundable
25. Abuse Policy
a.
Hightek
Hosting has a very strict abuse policy in place. As such, any abuse towards our
staff will not be tolerated and any client, contact or contractor of the
client, or authorised representative of the client found abusing or
disrespecting any of our staff members may have their hosting account and/or
services suspended or cancelled without notice.
b.
Examples of
unacceptable abuse:
-
Swearing towards or at Hightek staff and/or
its associates
-
Any disrespectful or defamatory comments against
or towards Hightek Hosting staff (this includes libel)
-
Bold or capitalised communications in the
forms of but not limited to:
-
Emails
-
Phone communications, either by verbal direct
or voicemail
-
Live chat transcripts or communications
-
MSN Live chat transcripts
-
Any other form of written or verbal
communication with Hightek Hosting any of its staff
c.
Any client
found performing any form/act of abuse towards our staff or any of its
contractors or associates in accordance with the above policy is immediately
subject to either cancellation or suspension of their hosting account/services
with Hightek Hosting. As such, if we nominate to cancel/terminate hosting, we
will do so at our own discretion without notice and as such, your data can and
is subject to complete removal from our server without any notification. No
refunds or credits will be provided under these circumstances.
d.
Any client
found in breach of this abuse policy will be requested to Cease and Desist
their actions immediately. Should actions continue upon our request to Cease
and Desist, legal action may be sought against the client and all costs in
doing so will also be sought upon commencement of legal action.
26. Publish and author of website
a.
Hightek
Hosting does not create or publish web sites and is not the publisher or author
of any web site you host or create. As the publisher, author, or reseller, it
is your responsibility to ensure your web site(s) do not breach our Terms of
Service or interfere with the server functions for other users.
b.
If your
site, content or actions interferes with server functionality, causes network
connectivity issues or attracts any form of distributed denial of service
attacks (collectively, a "service disruption event") whether on
purpose or otherwise, then HH reserve the right to charge you for cleanup fees,
loss of revenue and other direct expenses caused by the service interruption
event as applicable.
c.
HH reserves
this right irrespective of whether you have explicit knowledge of the service
interruption even or not. It remains entirely your responsibility not to host
content that may have the potential to cause service interruption events.
d.
From time to
time, a client that experiences difficulties in publishes their website or
troubleshooting technical problems may request that we publish their website on
their behalf. HH in this instance does not become the website publish or author
as we are making these changes by instruction of the Primary Account Holder
and/or authorised representatives of the account holder.
By accessing any web site hosted
on our network or servers, you understand, agree and are bound by this
agreement.
27. Indemnification
a.
Customer
agrees that it shall defend, indemnify, save and hold us harmless from any and
all demands, liabilities, losses, costs and claims, including reasonable
attorney's fees asserted against us, its agents, its customers, officers and
employees, that may arise or result from any service provided or performed or
agreed to be performed or any product sold by customer, its agents, employees
or assigns. Customer agrees to defend, indemnify and hold us harmless against
liabilities arising out of; (1) any injury to person or property caused by any
products sold or otherwise distributed in connection with Hightek Hosting;
(2)
any material supplied by customer infringing or allegedly infringing on the
proprietary rights, legal and/or civil rights of a third party;
(3) copyright
infringement and
(4) any defective products sold to customers from Hightek
Hosting's server. Hightek Hosting does not guarantee uptime.
By accessing any web site hosted
on our network or servers, you understand, agree and are bound by this
indemnification.
28. Reporting violations of Hightek Hosting's Terms of Service/Acceptable Use Policy
a.
Hightek
Hosting requests that anyone who believes that there is a violation of this
TOS/AUP direct their communications with any information to abuse@hightekhosting.com.au
b.
If
available, it is requested that the following information be provided:
-
The IP address used to commit the alleged
violation
-
The date and time of the alleged violation,
including the time zone or offset from GMT
-
Evidence of the alleged violation
-
Email with full header information provides
all of the above, as do system log files.
c.
Other
situations will require different methods of providing the above information.
Hightek Hosting may request or take any one or more of the following actions in
response to complaints:
-
Issue a written or verbal warning
-
Suspend the members account
-
Terminate the members account
-
Bill the member for for administrative costs
and/or reactivation charges
-
Bring legal action to enjoin violations
and/or to collect damages, if any, caused by violations of this policy
29. Disclaimer
a.
Hightek
Hosting will not be responsible for any damages your business may suffer.
Hightek Hosting makes no warranties of any kind, expressed or implied for
neither services we provide, nor do we guarantee your web site or applications
will work error free on our servers or guarantee uptime or service availability.
Hightek Hosting disclaims any warranty or merchantability or fitness for a
particular purpose. This includes, but is not limited to loss of data resulting
from delays, software incompatibility, server or software issues, outages, no
deliveries, wrong delivery, and any and all service interruptions caused by
Hightek Hosting and its employees.
30. Changes to the Terms and
Conditions
a.
Hightek
Hosting reserves the right to revise its policies from time to time without
notice to you. By continued use of our services, you agree to and are bound by
the updated terms and conditions that can be accessed on our web site at any
time.
b.
However, if
we revise our terms in a way that impacts you both materially and detrimentally
(and you have more than a month's worth of hosting paid in full remaining on
your account), you may request a refund for services. Price changes in line
with inflation, exchange rate movements, price increases from our suppliers or
other factors beyond our direct control would not trigger this clause.
c.
Refunds
shall be provided for whole months only; parts of a month shall be rounded
down. They cannot be given for products or services Hightek Hosting has
purchased from 3rd party providers (such as domain names, SSL, etc
31. Governing law
a.
This Agreement,
your rights and obligations and all actions contemplated by this Agreement
shall be governed by the laws of the Australia and the State of New South
Wales, as if the Agreement was a contract wholly entered into and wholly
performed within the State of New South Wales. You agree that any action to
enforce this Agreement or any matter relating to your use of the Services shall
be brought exclusively in the Australian Court for New South Wales, or if there
is no jurisdiction in such court, then in a state court in Sydney, New South
Wales. You consent to the personal and subject matter jurisdiction of any state
or Federal court in Sydney, New South Wales in relation to any dispute arising
under this Agreement. You agree that service of process on you by either the
Primary Service Provider or Backend Service Provider in relation to any dispute
arising under this Agreement may be served upon you by first class mail to the
address listed by you in your contact information or by electronically
transmitting a true copy of the papers to the email address listed by you in
your contact information.
32. Limitation of Liability
a.
IN NO EVENT
SHALL HIGHTEK HOSTING BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING
LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED
ON THE BASIS OF CONTRACT, TORT (INCLDUDING NEGLIGENCE), BREACH OF WARRANTIES,
EITHER EXPRESS OR IMPLIED, ANY BREACH OF THIS AGREEMENT OR ITS INCORPORATED
AGREEMENTS AND POLICIES YOUR INABILITY TO USE THE SOFTWARE OR SERVICES, YOUR
LOSS OF DATA OR FILES OR OTHERWISE, EVEN IF HIGHTEK HOSTING HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES
b.
Some states
or territories may not allow such a broad exclusion or limitation on liability
for damages as contained herein. In such states or territories, Hightek
Hosting's liability is limited to the full extent permitted by law. You agree
that in no event shall Hightek Hosting's maximum aggregate liability exceed the
total amount paid by you for the particular product or service in dispute purchased
from Hightek Hosting.
33. Force Majeure
a.
A force
majeure is defined as Acts of Nature (including fire, flood, earthquake, storm,
hurricane or other natural disaster even if caused by global warming, i.e.,
negative human activities that contribute to the destruction of the biosphere),
war, invasion, act of foreign enemies, hostilities (whether war is declared or
not), civil war, rebellion, revolution, insurrection, military or usurped power
or confiscation, terrorist activities, nationalisation, governmental or quasi
governmental sanction, restraint, embargo, prohibition or intervention,
blockage, labour dispute, general strike, lockout or interruption or failure of
utilities or telephone service.
b.
Where a
Party is unable, wholly or in part, by reason of force majeure, to carry out
any obligation under this Agreement, and that Party: (a) gives each other Party
prompt notice of that force majeure including reasonable particulars, and, in
so far as known, the probable extent to which it will be unable to perform or
be delayed in performing that obligation; (b) uses all possible diligence to
remove that force majeure as quickly as possible, that obligation is suspended
so far as it is affected by force majeure during the continuance of that force
majeure and that Party shall be allowed a reasonable extension of time to
perform its obligations.
c.
If after a
period of six months, the force majeure has not ceased, the Parties shall meet
in good faith to discuss the situation and endeavour to achieve a mutually
satisfactory resolution to the problem
d.
The
requirement that any force majeure must be removed with all possible diligence
does not require the settlement of general strikes, lockouts or other labour
disputes or claims or demands by any government on terms contrary to the wishes
of the Party affected.
34. Online Fraud
a.
In
compliance with the Privacy Act and laws, we are permitted to share your
personal details with competent authorities where there is proof of fraudulent
or criminal activities.
35. Non-Agreement
a. If you do
not agree to any or all of the above Terms & Conditions or any of the
policies this agreement refers to, please do not sign-up for or use our
service. By agreeing to our terms of service and selecting the box within our
online order form stating that you agree to these terms, it constitutes as a
digital signature.
Our terms & conditions are up to date as of Thursday, 19th November, 2009
