Web Design Terms

19 Servers

This entire clause 19 relates to the Servers Product.

19.1 Representations by us

19.1.1 Application of these Terms in respect of representations

You acknowledge and irrevocably agree that

  1. 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 19.1.2;
  2. You can only expect Services in accordance with the terms of this Agreement, and
  3. In the event of any inconsistency between the representation(s) on other pages of the Site, and this Agreement, especially clause 19.1.2, 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.

19.1.2 Terms/Representations

What you will get from a standard unmanaged service server container with connection to the internet so as to allow you to completely manage the setup of the server. It is your responsibility to install and configure whichever option you wish. No special support is provided beyond the scope of providing the server. If you require further assistance, you are expected to pay a greater fee and purchase a managed service.

19.2 Refunds

19.2.1 Agreement

You expressly and irrevocably agree that:

  1. It is your responsibility to ensure that Services are utilized to their full potential;
  2. It is your responsibility to ensure the appropriateness and compatibility of Services that you are purchasing;
  3. You have ensured that Services that you are purchasing are appropriate and compatible to your needs prior to making the purchase;
  4. We are not obliged to provide refunds for any Service, but we may offer refund only if a cancellation request is filed within 72 hours of the purchase application being made;
  5. We may choose, on your request to downgrade an account however no refund will be applied if outside the 72 hour cooling off period
  6. Refunds granted 30 days after application will incur a minimum surcharge;
  7. 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;
  8. Direct Deposit overpayments will either be returned via full account credit or transaction reversal minus surcharge;
  9. Your request for refund will be denied where:
    1. 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);
    2. We believe you have breached your agreement with clause 4.1.1(a), (b) and (c) in any way;
    3. We believe that you have not chosen to undertake the 30 day free trial (see 30 Day Free Trial) and you are claiming a refund pursuant to incompatibility with your operating systems;
    4. We believe that you have chosen to undertake the 30 day free trial (see 30 Day Free Trial) and, after 30 days has expired, you are claiming a refund pursuant to incompatibility with your operating systems;
    5. 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
    6. We believe the request is fraudulent.
  10. We take no responsibility for any mistakes in application either on the advice of our staff or your sole decision; and
  11. 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 4.1 of these Terms in any way whatsoever at any time after indicating your agreement to these Terms.

19.2.2 Process of claiming refund

In order to claim a refund, you undertake to clearly request a refund (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 is subject to clause 4.1.1 of this Agreement.

19.3 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 19.2.

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.