Terms of Service

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This document supersedes all previously issued versions, providing new or revised information.

Revision 2020.02 15/06/2020 CM

Document Storage

This document is available on the NobleHost website at https://www.noblehost.com.au/terms-of-service/ . As this is a controlled document, all authorised revision changes may only be officially released by NobleHost Senior Management.

Changes

NobleHost reserves the right to amend, update or change these terms of service without prior notification. Where changes are made that may impact the Customers use of a NobleHost service, the Customer will be advised by email using the primary email contact details within an account and the continuance in operation by the Customer of any hosting or additional services will constitute an acceptance of these Terms of Service.

Definitions

You“, “Your“, “Customer“, “Member(s)” or “User(s)” means a “Subscriber” to the Service, or any person who accesses the Service using the subscriber’s access details.
NobleHost“, “We“, “Us“, “Our“, “Designated Agent” means Malvolio Pty Ltd (ABN 66 146 673 690).
Service(s)” means any product(s) or services(s) the Customer has ordered for use.
Registrant” means the person, company or entity who owns or holds a domain name licence.
Registrar” means Synergy Wholesale Pty Ltd (ABN: 17 165 245 901)
ToS”  means Terms of Service.
AUP” means Acceptable Use Policy.
SLA” means Service Level Agreement.
Agreement(s)” means “ToS“, “AUP“, “SLA” and “Privacy Policy“.
Portal“, “Members Area” or “Client Area” means our online portal to manage all Services and not limited to the members domain name(s), web hosting, dedicated servers, and security certificates, direct access to the NobleHost Customer Portal: https://www.noblehost.com.au/portal/
Website” means www.noblehost.com.au

Acceptance

The Customer signified acceptance of our Terms of Service, Acceptable Use of Policy, Privacy Policy, Customer Service Policy, Acceptable Use Policy and any applicable Registrant Agreement when they submitted their order to NobleHost for Services, and that order was accepted.

In purchasing our Services and entering into this agreement, You warrant that You have no legal impediment from doing so and that this agreement will be legally enforceable against You in accordance with its terms.

Term

The Customer agrees to a 12 month contract term for Service(s) unless otherwise stated in the Service offering (eg. domain names, SSL certificates, special Service(s) with an agreed term), or otherwise agreed in writing. The 12 month contract for Service(s) is automatically renewed each year in perpetuity subject to cancellation by the Customer.

Service, Marketing and Promotional Emails

The Customer agrees to receive Service, Marketing and Promotional emails from NobleHost to the email address registered to their account.

Emails from NobleHost to the Customer with regards to a Service, such as invoicing and other notices, will be sent from support@noblehost.com.au and should always be read by the Customer as they will always contain important information. If the Customer does not want to receive these emails, they are required to close their account and any Service associated with the account, in accordance with our Cancellation section of this policy.

The Customer may choose to opt-out to receive email notifications from our Service Status system in relation to their Service(s). This can be controlled by the Customer via the Portal.

From time to time, NobleHost will send the Customer internal marketing and promotional emails, such as current promotions, a monthly newsletter, and other special offers. These emails will be sent from info@noblehost.com.au and can be opted out of via the NobleHost Customer Portal.

NobleHost warrants that they will never sell or trade any email address to any third party, in accordance with the Privacy Policy.

Availability of Services

NobleHost will endeavour to provide continuous availability of all Services to the Customer; NobleHost will not be liable for any service interruptions or down time.

Domain Name Registration and Renewal

The Customer acknowledges that NobleHost is an authorised reseller of domain names with “Synergy Wholesale Pty Ltd”

The Customer acknowledges that they have read and agreed to any applicable Registrant Agreement (ie. http://www.auda.org.au/policies/current-policies) before purchasing any domain name service(s) from NobleHost.

The customer acknowledges that all domain name Service(s) are non-refundable once the order for the domain name Service(s) has been processed and accepted by NobleHost.

We do not warrant that any domain name you apply for, can or will be registered. Accordingly, you should not act on a domain name application until you have been notified that your requested domain name has been registered. Both your registration of a domain name, its ongoing use and renewal are subject to the relevant auDA Policy Rules and Synergy Wholesale Policy Rules. You are responsible for reading and complying with those rules and terms of use.

You warrant that NobleHost is authorised to act as a Designated Agent to approve any changes made to the Registrant contact details on behalf of the old and new Registrant for any generic top level domain names governed by ICANN.

We are not liable for and you irrevocable release us from all claims and loss you may have, suffer or incur in connection with a domain name you order and use through us. We have no responsibility to resolve a dispute between you and the domain name registrar. We are not obliged to renew your domain name if you have not paid the renewal fee in advance using the Members Area. We are not liable for any loss or damage suffered or incurred by you for the non-renewal of your domain name. If this agreement is terminated, but you do not transfer your domain name registration to another registrar, you agree that we may still contact you in relation to the renewal of your registration. We will not however be liable for failing to do so.

Customer General Warranties and Undertakings

The Customer warrants that any information supplied for the purpose of creating an account with NobleHost, including but not limited to, first name, last name, address, telephone number and email address is true and correct, and will be kept up to date in the Portal.

The Customer warrants that they will keep any passwords or sensitive information used with the Service in a secure location.

The Customer warrants that they hold and will continue to hold the copyright for data stored on NobleHost servers, or that they are licensed and will continue to be licensed to use that data.

The Customer warrants that at the time of entering into this agreement they are not relying on any representation made by NobleHost which has not been expressly stated in this agreement, or on any descriptions or specifications contained in any other document produced by NobleHost.

The Customer warrants that all due care has been taken to ensure data integrity on NobleHost servers. This includes an undertaking that the Customer will conduct computer virus scanning and other tests as necessary to ensure that the data uploaded by the Customer on to or downloaded by the Customer from the server does not contain any computer virus and will not in any way corrupt the data or systems of any person.

The Customer agrees that they are solely responsible for dealing with anyone who accesses their data, and that you will not refer complaints or inquiries in relation to such access to NobleHost.

Limitation of Liability

In no event shall we, nor our directors, employees, agents, partners, suppliers or content providers, be liable under contract, tort, strict liability, negligence or any other legal or equitable theory with respect to the services;

a)                for any lost profits, data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, compensatory or consequential damages of any kind      whatsoever, substitute goods or services (however arising)

b)                for any non-renewal of the services

c)                for any bugs, viruses, trojan horses, or the like (regardless of the source of origination),

d)                in connection with our anti-spam or virus filters, or

e)                for any direct damages in excess of (in the aggregate) of fees paid to us for the particular services during the immediately previous one month period, even if NobleHost had been advised of, knew, or should have known, of the possibility thereof.

You acknowledge that the fees paid by you reflect the allocation of risk set forth in this agreement and that NobleHost would not enter into this agreement without these limitations. You hereby waive any and all claims against NobleHost arising out of your purchase or use of the services, or any conduct of our directors, officers, employees, agents or representatives. Your sole and exclusive right and remedy in case of dissatisfaction with the services or any other grievance shall be:

a)         in the case of a consumer able to rely upon the Australian Consumer Law or;

b)         in all other cases, your termination and discontinuation of access to or use of the services.

Fees and Credit

Fees for Services ordered by the Customer shall begin on the date of the initial order and chosen billing cycle in advance. This may be monthly, quarterly, semi-annually, annually, biennially or triennially.

Fees are due in advance of the billing cycle and will be invoiced to the Customer thirty (30) days prior to the due date, for hosting services and ninety (90) days prior to the due date for domain names. If a credit card is stored on file, it will be charged three (3) days prior to the due date, to allow sufficient time for any potential issues (such as insufficient funds, expired cards, etc.) to be rectified before the due date.

NobleHost stores credit card data using the latest secure and encrypted methods for the purpose of recurring billing of services. Should the customer not wish to renew their service(s), a cancellation request must be submitted prior to the end of the paid term.

The Customer agrees that all services are reoccurring and accepts that NobleHost will take payment on the anniversary date if no cancellation request has been submitted.

All published prices are inclusive of any government taxes and charges, unless otherwise noted.

The speed of provisioning new Services is reliant upon the Customer having paid any and all outstanding fees in full.

Failure to pay any fees may result in the account being referred to an external collection agency, which may include interest (calculated daily) and collection costs.

Accounts that are more than three (3) days past the due date may automatically attract an overdue fee of $5.95 which will be payable on top of the invoice amount.

Accounts that are more than seven (7) days past the due date will be automatically suspended, and a reconnection fee of $5.95 in additional to any outstanding fees may apply to have the service restored.

Accounts which are not paid in full within thirty (30) days of the due date will be automatically deleted from our servers.

Where a chargeback has been issued after services including hosting, domains, licenses have been provided and are deemed incorrect, a $55.00 fee will apply to reinstate the service. These are due to merchant fees for challenging a chargeback.

Payments by Debit Card or Credit Card

In the event of the Customer making payment via credit or debit card, this card information may be stored against on the Customer’s Account and may be used for future automatic invoice payments.

Where a debit or credit card number is stored on the Customer’s Account, this may be automatically used for the payment of due invoices. In such cases, payments will typically be taken three (3) days prior to the due date of the invoice.

Suspension and Termination of Services

NobleHost may suspend or terminate Services if:

a)         The Customer is found to be in breach of any formal policy including but not limited to these Terms of Services, Acceptable Use Policy, Customer Service Policy or any applicable Registrant Agreement;
b)         The Customer has become insolvent or bankrupt;
c)          The Customer has outstanding fees with any Malvolio Pty Ltd business that are more than thirty (30) days past the due date;

NobleHost may decide at its sole discretion to advise a Customer that their service will be terminated by giving thirty (30) days written notice. In this circumstance, NobleHost will refund any pre-paid fees pro-rata for Services on the account.

If a Customer’s account is closed for any reason, the Customer must pay all outstanding charges by the due dates.

NobleHost is under no obligation to provide the Customer with a copy of the data stored on our servers. A copy of the data (if available) may be provided to the Customer for an additional fee.

Cancellation

The Customer can request cancellation of any Service with us for any reason by logging in to Portal and submitting a secure cancellation request. For account security reasons, we will not accept cancellation requests by any other manner.

Any pre-paid fees for Services past the current billing period will be refunded, except the Services that are not eligible for a refund (eg. domain name registration, SSL certificates, any other product that specifies “no refund” on the plan page, etc).

The Customer agrees to pay any and all outstanding fees upon cancellation of their Services.

Cancellation requests must be received by NobleHost seven (7) days before the package renewal date. If cancellation is not received before this time, package renewal costs generated for the next period of time will remain outstanding or an administration fee of $9.95 may apply (whichever is the lesser value).

Refunds

The following Service(s) are not eligible for a refund if the Service has been successfully provisioned by one of NobleHost’s suppliers:

a)                domain names;

b)                SSL certificates;

c)                 Software licenses.

A full refund will be provided to either account credit or returned to the original payment method, if the order was placed within fourteen (14) days of the date that the refund was requested for any web or email hosting service(s).

A pro rata refund will be provided to account credit only if the refund request was made more than fourteen (14) days after the order was placed for any web or email hosting service(s).

Refunds will not be provided should any breaches of the Terms of Service or Acceptable Use Policy Agreements be evident. This will be advised to the customer in writing stating the reasons for this action.

Any third party transaction fees associated with the original order may be withheld and deducted from the Refund (at cost).

All refunds are processed at the discretion of NobleHost management and in accordance with the Australian Competition & Consumer Commission published policies and guidelines.

Data Management

It is the Customer’s sole responsibility to maintain regular offsite backups of their data.

NobleHost will backup and archive the Customer’s data on separate private infrastructure, on a regular basis for the purpose of disaster recovery.

In the event of hard disk failure or data corruption, NobleHost will attempt to restore data from its last known verified archive. However, if all backup and archived data appears corrupt and unavailable, the Customer should be prepared to upload the data to their account from a local copy, and setup all mailboxes and FTP accounts.

Should the Customer require NobleHost to restore or supply a backup of the account data where no fault was caused by NobleHost, a restoration fee of $49.95 per account will be payable, prior to restoration.

Use of Identity

The customer agrees that the use of any NobleHost logo or company information is done so with the written consent of NobleHost, and NobleHost agrees not to use a Customers name, logos or information without prior written consent of the customer.

Entire Agreement

These terms and conditions constitute the entire agreement between NobleHost and the Customer, and it supersedes all prior oral or written agreements, understandings and representations.

Governing Law

The Customer agrees to abide by all local, state and federal laws pursuant to the Services delivered by NobleHost.

The Customer agrees that these terms and conditions are governed by the laws of Victoria, Australia, and agrees to the exclusive jurisdiction of the Courts of that state.