- 17.1.1 Application of these Terms in respect of representations
- 17.1.2 Setup
- 17.1.3 Service Levels
- 17.1.4 Third Party Services
- 17.1.5 Terms/Representations
17 Web Hosting
This entire clause 17 relates to the Web Hosting Product.
17.1 Representations by us
17.1.1 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 17.1.2;
- 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 17.1.2, 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.
It is your responsibility to ensure that any applied hosting package application is completed and activated ready for full use. Quoted times for account activation are estimates and we do not guarantee or imply activation within the quoted time frame. We may delay or refuse activation if:
- Payment is not cleared or received in full.
- We believe the order, information or payment is fraudulent.
- You have any funds outstanding with relation to any other account.
- The domain name quoted does not exist, is in a non-usable state (e.g pending renew) or deemed to be proposed for use that voids our Acceptable Use policy.
- There is any other reason which we deem satisfactory.
We may send notification of hosting activation however:
- Your contact details must be correct and up to date.
- This is not final word that your hosting is fully active and ready for use, you must ensure the hosting is fully functional.
You release us of any claim arising from failed hosting activation whether at fault of our system, our staff or any other factor out of our reasonable control.
17.1.3 Service Levels
We will endeavour to maintain network stability and satisfactory service levels, however you irrevocably agree that:
- We may from time to time perform routine maintenance, service and upgrades. We will endeavour to act on such instances at the most convenient times and provide reasonable notice by any means we deem satisfactory.
- We may experience 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
- We may, at our discretion provide notification of outages whether planned or unplanned.
- You release us from any claim or potential claim with relation to outages and any loss of business/service suffered by you or any third party.
17.1.4 Third Party Services
We may provide services directly or via a third party. Third party services may be subject to specific agreements as supplied by them. By applying or using any service offered by us you must agree to this agreement and any agreement of our third party suppliers.
- 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.
17.2 IP Addresses
17.2.1 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.
17.2.2 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.
17.3.1 Money-Back Guarantee Period
For the purposes of clause 17, the 'Money-Back Guarantee Period' refers to within the first sixty (60) calendar days of the applicable Services under clause 17 being purchased by you for the first time, and being from the date that the Service was provisioned with reference to the invoice creation date.
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 if your request for a cancellation of the Services has not been received by us within the 'Money-Back Guarantee Period'. We reserve the right, subject to these terms and at our absolute discretion, to offer you;
- An account credit; or
- A refund;
in circumstances where a cancellation request has been received by us outside of the 'Money-Back Guarantee Period'.
- 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, and cannot be refunded or redeemed as cash credits under any circumstances. You expressly acknowledge that upon accepting, using, or otherwise receiving an account credit in your account, any entitlement you may have to cash credits in respect of your purchase under a Money-Back Guarantee is waived and ceases with immediate effect.
- We may choose, on your request to downgrade an account however no refund or account credit will be applied if:
- We have determined that the Service provided is functional, as described, or of acceptable quality for the purpose for which it is provided; or
- You have made your request outside of the ‘Money-Back Guarantee Period'.
- You are liable to pay any administrative costs incurred by us as a result of refunding any Service outside of the 'Money-Back Guarantee 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 we:
- Determine that you have not claimed your refund in strict compliance with clause 17.3.3;
- Determine that Service on the claim has been used illegally or outside the terms of service (including but not limited to spam, trojan, resource abuse resulting in a suspension, or any other way we deem to be inappropriate, such as a website being compromised due to a vulnerability of an application installed by the user);
- Believe you have breached your agreement with the terms of this Agreement in any way;
- Have sent communication to you, and we do not receive a response to our communication within 1 week of us transmitting such communication to you; or
- 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 17.1 of these Terms in any way whatsoever at any time after indicating your agreement to these Terms.
17.3.3 Process of claiming refund
In order to claim a refund or account credit, you undertake to clearly, via email to us:
- request a cancellation of your Services; and
- request a refund or account credit (and provide reasons for the request).
In order to receive a refund under a Money-Back Guarantee, we must receive your email within 'the Money-Back Guarantee Period'. 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 any refund or account credit is subject to your compliance with, and subject to in any case the entirety of the terms 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 on our website.
17.4 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 17.2. 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.
17.5 Web Hosting cancellation
We hold the right to suspend/cancel/terminate any hosting service for any of the following:
- Non-payment or failure to renew service.
- Chargeback/reverse of payment.
- If we have reason to believe you are not using the services in accordance with this service agreement.
- If a competent regulatory authority/body requires us to do so.
- At our sole discretion.
Service provision may also be suspended/cancelled or terminated:
- If you are in breach of this agreement or registry operator policy. We may give you notice identifying the breach and requiring remedy with a specific time frame.
- If you do not comply with our breach notice.
You release us of any claim arising from suspension, cancellation or termination of any service.
17.6 Web Hosting Transfer
The Web Hosting Transfer service is available as an opt-in addon to a Web Hosting plan purchase and is prescribed to assist with transferring hosted email and websites from another provider to Forecast IT. You may only apply and process one Web Hosting Transfer per unique Web Hosting account/package. If you wish to transfer additional websites you must process a new Web Hosting Transfer with a new Web Hosting package included. We do not make any guarantees in transferring email and web hosting regarding:
- Success of transfer. We may only be able to migrate a portion of your account, other elements may require your partial or complete management.
- Speed of transfer. We will endeavour to complete the migration within 48 business hours, however there may be instances where completion of the migration may extend well beyond this time frame.
- Compatibility. It is important to note that whilst we will make every effort to ensure that there is maximum email and web hosting compatibility from the old host to Forecast IT, due to software complexity it is not always possible to ensure 100% compatibility of applicable software with the new server. It is your responsibility to ensure that you have purchased a web hosting plan specified to support your email and website as well as performing a complete test of your services post transfer.
- Completion. It is your responsibility to ensure that all necessary files and settings have been migrated to completion.
We endeavour to ensure that all of the above items and any other factors relating to a web hosting transfer are done to maximum effect and have installed a solid process and policy to govern the management of a migration however we shall not be held liable for any failure, damaged or lost data to Forecast IT. It is your sole responsibility to maintain a full back up of your data and files.
In addition to other terms and policies contained within this document this clause, which specifically applies to a refund following an order for a Web Hosting Transfer shall apply. As per clause 17.6, we will take every measure available to us to conclude a migration to the maximum success possible, however we cannot guarantee 100% success. As such we may offer a credit or refund for any purchase web hosting plan when combined with a web hosting transfer order. We maintain full discretion as to when this should and shouldn't be offered.