Terms and Conditions
Secure Virtual Hosting Services Agreement
This agreement is between BluePower Pty Ltd (Secure Virtual Hosting) and the customer for the supply of self managed virtual server services in accordance with the fees on the website. Secure Virtual Hosting may vary its terms from time to time. From time to time, a customer may upgrade these services accepting the offer for new or varied services by Secure Virtual Hosting on-line including accept/decline/reject icon and the customer agrees that such offer and acceptance (including any hyperlink arrangements) forms a valid and binding agreement to supply such services. To vary or terminate your service email [email protected] Services will automatically billed for once the 7 day trial period has expired.
This agreement as well as the services will commence from the date of on-line acceptance of these terms and the creation of an account. The customer agrees that the services provided to the customer will be utilised for business purposes and not for consumer, domestic, family or household purposes. The provision of the services under this agreement is subject to Secure Virtual Hosting being satisfied at all times with the credit rating and worthiness of the customer and Secure Virtual Hosting may request any credit information at any time from the customer and the customer gives permission for Secure Virtual Hosting to access such information at any time from any credit referencing body or organisation.
3. Operational Requirements
The customer will be responsible for maintaining its own Internet access and necessary telecommunications equipment, software and other materials necessary for its end users to benefit from the service. Secure Virtual Hosting has no liability whatsoever for any on-line breach of security of the customer’s data and systems and cannot be held liable for any loss or damage to the customer for the actions of third parties. The customer agrees that the Internet and the World Wide Web are an inherently insecure environment and any firewall and virus protection on service equipment must be provided by the customer. Secure Virtual Hosting may interrupt service if you server is hacked, infected with a virus, or similar, and is propergating that damage, otherwise distrupting other customers. The customer is responsible for the content of all postings, data transmissions arising from the use of the services by them or anyone they permit. The customer represents and warrants that neither it nor any person they permit will use the services for an unlawful purpose or interfere or disrupt other network users, network services or equipment. Secure Virtual Hosting may suspend or terminate the services where it forms a reasonable view following investigation that the customer is utilising the services for any illegal, unlawful or disruptive purpose. Each party agrees that it will comply with all laws and regulations relating to the provision of services. The customer acknowledges that Secure Virtual Hosting exercises no control over the content of information passing through its sites, facilities and equipment and its is the sole responsibility of the customer to ensure that the information it transmits and receives complies with all applicable laws and regulations. Secure Virtual Hosting reserves the right at any time to monitor and audit the use of its equipment, systems and facilities in order to satisfy its regulatory obligations.
Secure Virtual Hosting reserves the right to release the contact information of the customer to administrators at other sites where the customer is involved in violations of system security and Secure Virtual Hosting will also fully co-operate with any regulatory agency investigating suspected violations of the law and will not be liable to the customer for any necessary release of customer information in this process. Secure Virtual Hosting may provide the services as well as house any data of the customer or otherwise from any jurisdiction or location that in its absolute discretion it chooses. Secure Virtual Hosting may suspend the services under this agreement for scheduled or emergency maintenance or to investigate a breach by the customer under this agreement. Secure Virtual Hosting may interrupt service to perform maintenance and/or disaster recovery procedures and where this occurs, Secure Virtual Hosting will not be liable to the customer.
Secure Virtual Hosting may subcontract the performance of its services under this agreement in its absolute discretion. Secure Virtual Hosting from time to time maintains detailed policies on its web site concerning privacy and acceptable use and the customer must comply with these policies. This agreement is governed by the laws in force from time to in place in the State of New South Wales Australia and the parties by entering into this agreement will be deemed to have submitted to the non-exclusive jurisdiction of the Courts of that State.
All right, title and property to all intellectual property rights for the hardware, software, programming interface and infrastructure platform are owned by Secure Virtual Hosting and its licensors and suppliers. The customer owns all intellectual property to their own data, but not to data generated by Secure Virtual Hosting to maintain and monitor the provision and utilisation of the services.
The customer will keep confidential all information concerning the business of Secure Virtual Hosting, its staff, customers and contractors as well as all information concerning its product and services and will not disclose this information unless they have received written authorisation from Secure Virtual Hosting. In no circumstances is the customer permitted to allow any competitors of Secure Virtual Hosting access to the services or assist a competitor collect information concerning the services provided by Secure Virtual Hosting under this agreement.
The flow of data over the Internet and through Secure Virtual Hosting facilities is often provided or controlled by third parties. Secure Virtual Hosting cannot be held liable for any loss or damage to the customer arising from the actions of third parties. Subject to any other provisions of this agreement, Secure Virtual Hosting will not be liable to the customer in any way whatsoever for any lost revenue, loss of profits, replacement goods, loss of technology rights or services, incidental, punitive, indirect or consequential damages, loss of data, interruption or loss of use of service, whether advised of the possibility of such damages or not, whether under contract, tort (including negligence) or strict liability or otherwise.
Notwithstanding anything contrary in this agreement, Secure Virtual Hosting’s maximum aggregate liability to a customer related to or in connection with the provision of the services under this agreement, is limited to the amount for the first 3 months of this agreement.
The customer agrees to indemnify Secure Virtual Hosting, its officers, staff, contractors and suppliers from a claim from any of the customer’s customers, or any third party, arising from the Customer’s use or misuse of the services.
Where the customer is allocated Internet protocol addresses (IP’s) these remain the property of Secure Virtual Hosting and are allocated to the customer on a temporary basis and are not portable. These are liable to change by Secure Virtual Hosting and the customer will have no right to use these IP’s following termination of this agreement.
The customer will be liable to pay any charge back amounts that Secure Virtual Hosting is charged. This may include, and not limited to, failed credit card payments attempts. These fee may vary and are usually in the order of $30 per failed transaction. These fees may change from time to time and are set and changed by the financial institution.
Where the customer rents Microsoft licences, these remain the property of Microsoft, and cannot be used once the agreement is terminated.
This contract may be terminated by either party arising from a breach of a material condition of this agreement. Secure Virtual Hosting may terminate this agreement for convenience at any time on 30 days notice to the customer and will refund any amounts prepaid for services not yet provided. The customer may terminate this agreement for convenience on 30 days notice.
Secure Virtual Hosting agrees that the customer owns their data at all stages. You may always request a copy of your data. We provide an online download service for $100/server/month, +gst +$2/gbyte. We can also send you a USB copy, where we will charge $500 +gst plus postage, handling, and the costs of USB drives, plus $100/server.
6. On-line Acceptance
The customer acknowledges that these terms and conditions constitute an on-line offer and constitute reasonably conspicuous notice of the terms of the offer and the process of acceptance provides unambiguous manifestation of acceptance to such offer. The customer warrants that it will not rely on, at any time in the future after such acceptance, any claim, right or argument however framed in the future that seeks to deny the existence of contractual relations because of the process of offer and acceptance adopted by Secure Virtual Hosting.