16) DNS Services Agreement – Forecast IT

16.1.1 Application of these Terms in respect of representations
16.1.2 Terms/Representations

16.2.1 Agreement
16.2.2 Process of claiming refund

16.3 Suspension & cancellation 16.4 Service Uptime Guarantee

16 DNS Services Agreement

This entire clause 16 relates to the DNS Services Products, which include: Free DNS – As advertised, provides standard DDoS protection with DNS Records A, AAAA, CNAME and MX and has a global connection to 2 countries. Premium DNS – As advertised, provides advanced DDoS protection, DNS Records A, AAAA, CNAME, Squarespace, MX, SRV and TXT, quick set up for domain and email forwarding, instant connect to multiple advertising sites by providing functioning account icons upon browsing and has global connection to 18 countries with the Anycast DNS Network.

16.1 Representations by us

16.1.1 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 16.1.2;
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 16.1.2, 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.

16.1.2 Terms/Representations

We offer this Service at budget prices on the basis we deliver a budget Service (for example, compare also a 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.
Although no software or advanced technical knowledge is required, as with most Services, some level of knowledge and experience with computers, software, and the internet is required to use the Service. Knowledge or experience from more than 3 years from the date of purchase may not be sufficient for this Service. Customers who read the FAQs and instruction manuals have found the Service easy to use.
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.
This is not an archival service. You are solely responsible for maintaining independent backup 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.

16.2 Refunds

16.2.1 Agreement

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 with your needs prior to making the purchase;
The two DNS products are as advertised, they cannot be altered or have features added or removed. Upon purchase, you acknowledge and agree to all of the product's features as a whole.
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:
1. An account credit; or
2. 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 the 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:
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 16.1.2 in any way;
3. 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
4. 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 16.1.2 of these Terms in any way whatsoever at any time after indicating your agreement to these Terms.

16.2.2 Process of claiming refund

In order to claim a refund or account credit, 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 time frame. 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 16.2.1 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 the purchase of any Service(s) available at our website.

16.3 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, judgment, findings or determination.
You fail to comply with any provision of 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 16.2. If your account is canceled 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.

16.4 Service Uptime Guarantee

We offer a Service uptime guarantee of 100% ("Service Uptime Guarantee") for our Premium DNS product. If the Service Uptime Guarantee is not upheld at any time due to an error on our behalf (to be investigated and determined by us), you may contact us and request a refund or account credit of the pro-rata value of the 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.