All accounts and customers of Smart Artist Internet Pty Ltd, are bound by these Terms of Service.
Please read them carefully.
1. GENERAL:
a. Smart Artist Internet Pty Ltd has the right to make amendments to this agreement at any time. Clients will be provided 30 days notice of any such amendments.
b. All orders submitted, and continued use of the service provided, signify acceptance of these terms and policies.
c. The term of this agreement is defined by the dates outlined on the current invoice.
d. The customer agrees to receiving emails directly from Smart Artist Internet Pty Ltd in relation to the services provided, or special offers from time to time. Clients can choose to opt-out of receiving any marketing related offers via the client area.
e. The client is 100% responsible for the content - including the security, files and any scripting/progamming - of their own website.
f. Smart Artist Internet Pty Ltd will utilise its best efforts to maintain acceptable performance of services, but makes absolutely no warranties whatsoever, express or implied, including warranty of merchantability or fitness for a particular purpose. Smart Artist Internet Pty Ltd cannot guarantee continuous service, service at any particular time, or integrity of data stored or transmitted via its system or via the Internet. Smart Artist Internet Pty Ltd will not be liable for the corruption or erasure of, date transmitted or received or stored on its system. Smart Artist Internet Pty Ltd shall not be liable to Customer or any of its customers for any claims or damages which may be suffered by Customer or its customers, including, but not limited to, losses or damages of any and every nature, resulting from the loss of data, or inability to transmit or receive information, caused by, or resulting from, delays, non-deliveries, or service interruptions whether or not caused by the fault or negligence of Smart Artist Internet Pty Ltd.
e. Customer agrees that it shall defend, indemnify, save and hold harmless from any and all demands, liabilities, losses, costs, claims, including reasonable attorney's fees, ("Liabilities") against Smart Artist Internet Pty Ltd, its agents, its customers, servants, officers, employees, that may arise or result from any services provided, performed or agreed to be performed or any product sold by Customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Smart Artist Internet Pty Ltd against Liabilities arising out of any injury to person or property caused by any products sold or distributed in connection with Smart Artist Internet Pty Ltd's server; and material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party; copyright infringement and any defective product which Customer sold on Smart Artist Internet Pty Ltd's Server. As a result of this, Customer agrees that Smart Artist Internet Pty Ltd shall not be liable to Customer for any claims of actual, compensatory and/or consequential damages which may be suffered by Customer, including, but not limited to, losses or damages due to the loss data resulting from delays, non deliveries, or service interruptions caused by the fault or negligence of Smart Artist Internet Pty Ltd. Notwithstanding the above mentioned, Customer's exclusive remedies, damages, losses and causes of actions shall not exceed the aggregate dollar amount which Customer paid during the term of this Agreement.
2. SERVICE DEFINITION and LIMITS:
a. To ensure smooth operation of services for all, plan limits must be strictly adhered to.
b. All customers are responsible for monitoring their storage space and bandwidth transfer each month. By default, accounts exceeding bandwidth limits are suspended. If you believe you are close to your limit, please contact accounts who can arrange either an upgrade, or a one-time extension.
c. All clients are restricted to the CPU and memory use as outlined by their hosting plans. When a client exceeds these limits, the website will be slowed/paused until the resource usage drops below the limits again. Clients can check their resource usage via cPanel at any time.
d. Any website habitually pushing plan limits will be liable for review, or possible suspension or termination.
Any website affecting overall server performance, and hence interferring with other's use of the service, will be liable for review/suspension.
e. No Account will be used for the supply of free services - i.e. Clients and users must not give away free web space/pages, email accounts, DNS services, etc. or install software designed for such purposes.
3. ACCOUNTS AND BILLING POLICIES
a. It is the Clients responsibility to ensure their contact information for both web hosting and domain name accounts remains current. All contact regarding notices, renewals, reminders, etc will be sent via email only.
b. Clients are responsible for renewing their associated domain names. Registrars send out notifications via email when renewals are due, it is the Clients responsibility to ensure their domain name registrar has a current email address for notifications.
c. All hosting services, VPS and dedicated servers are provided on an auto-renewal basis. Cancellation must be submitted within 7 days of the renewal date to be eligible for a refund, or invoice cancellation.
d. Smart Artist Internet Pty Ltd reserves the right to adjust pricing, plan limits, and this agreement with 30 days notice, or to discontinue plans or refuse business at any time.
e. Invoicing:
i. Invoices are issued 14 days in advance. A reminder is sent 7 days in advance.
ii. Backups will only be provided at no charge to accounts in good financial standing.
f. Late Payments:
i. Any account past due 7 days will be suspended until payment is received.
ii. Accounts 30 Days overdue are terminated and all related content deleted from the server.
iii. Providing backups of expired/suspended/terminated accounts (only if available) attracts a fee of $55.00 per site.
g. Payment Methods:
i. Clients are free to adjust their preferred method of payment via the client area at any time.
Currently accepted payment methods are MasterCard, Visa, American Express, Direct Deposit, cheques and PayPal.
ii. All fees in respect of a bounced/returned cheque will be charged to the client.
h. Cancellation:
i. For your protection, Account cancellations may only be made via the form provided in the Client Login Area. Receipts are issued once the request is made.
ii. Under no circumstances are cancellations accepted via insecure methods such as Telephone or LiveChat.
iii. The client is liable for all payments owing up until the date of the cancellation receipt.
iv. The dates on the invoice cover the full term of the service contract.
v. The client may cancel the service at any time, however unused time portions will not be refunded.
vi. All sales are final. Refunds are only provided if they meet statutory obligations under Australian consumer law.
4. BACKUP POLICIES
a. Backups are provided as a free additional service. We keep backups for our own disaster recovery purposes, and share them with our Clients on an as-is basis.
b. All clients are advised to consider their own risk factors and devise their own backup plans accordingly. Cpanel provides a tool for Clients to download their own backups as requested.
c. Smart Artist Internet Pty Ltd take no responsibility for any files placed in a users web or email space. All Clients are advised to keep back-ups of all files and data off-server in case of unforeseen circumstances.
d. The following backups are kept on a regular basis, and rotated in the following manner:
daily and weekly - these are made available via cpanel for the client to restore as required. There will be one day a week when the rotation occurs when both the daily and weekly backups will be identical.
the above backup set is rotated to offsite storage every 2-3 weeks. Over the rotation period, backups will be older than the normal daily/weekly backups.
e. We regret we are unable to provide clients with copies of any backup held off-site/offline for DR purposes. We can, however, accept a request to restore such files on a rotation day.
5. SUPPORT POLICIES
a. Client support is provided via 3 channels. Ticket/Email, Telephone and Live Chat. All except Live Chat are available on a 24/7 basis.
b. Smart Artist Internet Pty Ltd provides support in respect to the servers, network and online control panels that form part of the service.
c. Smart Artist Internet Pty Ltd does not provide support for 3rd party programs or devices, your local computer, your local network, or your connection to the internet. Please contact your supplier directly for support in such cases.
d. Our free migration services only covers migrations that are technically feasible, and does not include any form of re-coding or re-engineering.
The following types of sites are suitable can be migrated:
- any existing cPanel website, providing the Client can provide the necessary access information.
- any site comprised solely of html, css, images and other purely static files.
For other types of sites, contact support so a feasibility determination can be made.
6. ACCEPTABLE USE
The Client may only use Smart Artist Internet Pty Ltd's services for lawful purposes.
The Client warrants that all email sent, either individually or bulk, complies with the Australian Spam Act 2003
The following are restrictive uses and shall be cause for the immediate suspension and/or termination of web services without notice or refund to the Client:
a. Unauthorized distribution or copying copyrighted software, copyrighted videos/music, violation of International/Australian export restrictions, fraud, trafficking in obscene material, drug dealing, and any other illegal activities.
b. Spamming in any form is not tolerated on our network. Any account distributing spam is liable to immediate suspension without prior notice, regardless of its origin/reason. Repeat incidents will lead to immediate termination without notice or refund.
c. Tortuous conduct such as posting of defamatory, libellous, scandalous, or private information about a person without their consent, intentionally inflicting emotional distress, or violating trademarks, copyright, or other intellectual property rights
d. The Client expressly understands and agrees that Adult oriented websites featuring nudity and acts of a sexual nature are expressly prohibited. Smart Artist Internet Pty Ltd reserves the right to immediately terminate and remove any such websites without notice and discontinue service to Client without notice or liability for actual, compensatory or consequential damages to Client for the interruption in service.
e. MUDDS, List-servers, IRC, chat applications, memory resident programs, daemons, IP scanners, proxy scripts, bots, spiders, crawlers, or any other application that generates high IO/CPU memory load, are specifically prohibited.
f. Game Servers and related activities are prohibited from the network.
g. BitTorrent applications/trackers are prohibited from the network.
h. Any website infected by trojans/viruses/phishing scams will be suspended until such time the Client can make suitable repairs.
i. Clients may not use the hosting for non-website specific purposes. Non-Linked and/or private file archives are not permitted.
Last Update: Aug 13, 2013.
