Terms Of Service

Definitions

“Velocity Host” is Velocity Host and it’s employees, officers, agents, and affiliates.

The ‘Agreement” means Terms and Conditions and the details on the Application for Velocity Host Account.

The ‘Clients’ and/or ‘Client(s)’ refers to all other persons, companies, or other entities identified on the Application for Velocity Host Account.

The ‘Services’ and/or ‘Goods’ means the computing and communication Services known as the Velocity Host Virtual Private Server (VPS) or as Velocity Host Dedicated Virtual Server (DVS) as modified from time to time.

Eligibility

Velocity Host Services are only made available to potential clients who can form legally binding contracts. Without our Services are not available to suspended or ineligible Clients.

Application and Variation of these Terms

These terms and conditions are the terms on which Velocity Host provides Services or goods to its Clients, modified by any written particular contract between Velocity Host and its Clients.
The provisions so modified constitute the agreement in its entirety and supersede prior agreements, excluding specific contractual requirements and contracts including Services Level Agreements (SLAs).

Velocity Host may modify these provisions as applying to any agreement, the pricing structure for any Services (excluding term contracts) or the terms of the operation by general notice at http://www.velocityhoat.com.au, under Velocity Host Pricing, and by email newsletter to the last email address provided to Velocity Host by the Clients. The Clients is required to keep their contact details with Velocity Host current. Any use of Services will constitute acceptance of these terms.

1. Agreement

This agreement represents the complete agreement and understanding between Velocity Host and it’s Customer, and supersedes any other written or oral agreement. Please read the following terms and conditions carefully since they govern your use of Velocity Hosts network and servers. By accessing this network and any of the equipment therein, you agree to be bound by the terms and conditions below.

2. Acceptable Use Policy (AUP)

Velocity Hosts services may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any International Agreement or Australian regulation is prohibited.

A. Customer agrees not to allow Velocity Hosts equipment and services to be used for activities specifically prohibited by the Acceptable Use Policy (AUP). It is the Customer’s responsibility to review this agreement prior to executing this contract. The AUP may be updated from time to time and it is the Customer’s responsibility to regularly check for updates at: URL: http://velocityhost.com.au/our-promise/terms-of-service/ . Customers must not allow Velocity Hosts resources to be used for:

• Any criminal or illegal activity
• No phishing Websites
• Unlicensed distribution of copyrighted materials
• Material that is defamatory or threatening
• Customer shall not engage in SPAM (distribution of unsolicited emails)
• Hacking, network scanning
• Child pornography, Animal Abuse
• Virus distribution
• Any Other Notified (in writing) Disallowed Service/s as specified by Velocity Host

Velocity Host will be the sole arbiter as to what constitutes a violation of these content provisions. Content which is deemed not within the AUP will be removed without prior notice to the Subscriber, and may result in the Subscriber’s account being suspended.

B. Customer agrees to compensate Velocity Host for any expenses Velocity Host may incur resulting from Customer’s violation of the posted AUP, including any fines, fees, legal expenses, and labor for investigation and resolution. The cost of any investigations will be charged to the Customer at $99 inc. GST per hour during normal business operating hours. Emergency investigations are charged at $199 inc Gst per hour with a one hour minimum.

C. Customer is responsible for any activity conducted on their server, including unauthorised activity by hackers. This includes any AUP violations or bandwidth or transfer usage caused by hackers. Velocity Hosts will endeavour to assist Customers but Velocity Host is not responsible for protecting Customers from hackers and their actions and use of Customer’s server/s.

Velocity Hosts does not issue refunds for terminated service due to suspected AUP violations.

3. Credit Card Payments

Where Clients sign up using credit card, their credit card will be re-billed on or by the 5th of each month, future invoices will be prorated to this date monthly, quarterly, half yearly or annually.

Velocity Host will generate an electronic order prior to the client services renewal date which can be used for payment of the outstanding amount, once orders are paid in full an invoice will be generated & available for download or emailed from the CP – Control Panel (accounts and provisioning interface).

Clients should ensure sufficient funds are available on the due date. If re billing fails due to insufficient funds in your credit card account, Velocity Host reserves the right to add AU$1.00 per failed transaction to your account to cover our transaction fees. If a charge back is requested where Services have been provided and/or you have not followed our cancellation procedure, a AU$55 inc Gst administration fee applies per chargeback request.

The client understands and agrees that they have obtained the credit card owner’s permission to use the credit card to purchase our products and Services and they are aware, accept and agree that the transaction is taking place on their card.

Velocity Host does not transmit process and store credit card details for 3rd party transactions. Velocity Host uses a secure and reliable third party payment gateway (e-way, PayPal), fully compliant with the Payment Card Industry’s Data Security Standard (PCI-DSS). Velocity Host execute due diligence regularly to ensure that its partners and vendors are in compliance, when applicable with PCI-DSS, but shall not be held accountable and/or liable for such compliance.

4. Payment of Services

A. Payment for all Services are due on or before the 5th of each month and services obtained before said date will be prorated in line with this billing cycle. The Client must pay all amounts billed in accordance with the payment options (term and method) they have selected unless otherwise agreed upon in writing.

Any questions regarding the charges on an account must be raised by the Client, within 60 days of the billing date. If a charge is being disputed, the Client may withhold the disputed portion whilst it is investigated.

However non-disputed charges may not be withheld. Client must ensure Velocity Host have received funds by the due date to avoid suspension and/or termination of supplied products and Services.

B. All accounts that remain unpaid due to insufficient funds for more than two weeks (14 Days) past the billing date will be suspended until payment is received in full.

If services remain unpaid for more than two ( 2 ) billing cycles, all data will be erased.

In the event of cancellation of account or service(s) charges will continue until the end of your current billing cycle.

C. Unless Velocity Host is notified of the Client’s desire to cancel any or all Services received by any of the following methods: email, using the your CP – Control Panel to log an admin support request or in writing, those Services will be billed up to 3 billing cycles, after this term is reached all data will be erased from the system
Suspended accounts will be sent to Velocity Host debt collection agency without further notice. Any expenses incurred in the recovery of debt, including but not limited to legal and debt collection costs, shall be claimed on the Client.

D. Data protection is the responsibility of the customer. Please ensure you have taken every precaution and implemented safe means of backup of your information.

Velocity Host automatically keep a backup copy of all data for DR – Disaster Recovery purposes, these backups are only available to clients upon request in writing, the restore process is chargeable at $165 inc Gst per restore, If data is required to be dispatched additional costs may apply.

Subscribe to a back up plan/ service ( Data backup is an add on service available through Velocity Host ) or organise to back up to your local machine to a third party service or location.

When subscribing to a managed service/ backup plan all requested data restoration costs are included in the “Complete Managed Services” & “Scheduled Managed Backups” managed services plans.

5. Support

Velocity Host is committed to providing the best client support and provide the following: e-mail support services and live on line chat operating twenty-four (24) hours a day, (7) days a week and a phone support service available 9 am – 5 pm EDT Monday – Friday.

Standard SLAs apply for each plan and specific SLA may be included in some contract as an option and/or for tailored plans. Any client experiencing difficulties or issues with any Services or products is required to notify Velocity Host of the issue immediately.

Velocity Host SLA provisions apply upon notification of an issue. When Velocity Host is not notified of a problem, no allowances will be made, as no reasonable opportunity was given to resolve the issue. Velocity Host is not responsible for, and will not support, client’s hardware and software issue, and for their connectivity through their own providers.

6. Server Management

Velocity Host provide tools to help Clients manage their server. Velocity Host does not offer support Services related to the use and setup of those tools, unless set up is managed by Velocity Host. Velocity Host does not manage its Clients servers unless subscribed to a “Managed Services” plan and as such, Clients remain solely responsible for software upgrades, optimisation, configuration and resolving technical issues unless a prior agreement has been made in writing where the terms of the support will be laid out.

See Managed Services for additional terms & features available.

Additional costs may be incurred when scope of “Managed Services” are exceeded, support falls outside the realm of service or issue/s are created by client side negligence through normal day to day software & services usage.

7. Charges

The Services is a subscription service payable in advance. The Clients must pay for all goods and Services by the due date. The Clients must pay for all data charges and other amounts incurred by the Clients or its Users or incurred as a result of any use of the Clients Account and Services (whether authorised or not) in accordance with the billing option selected by the Client. In addition, the Clients may be liable for all charges and expenses incurred by Velocity Host resulting from any security breach or attack or Clients error that involves the Client’s server(s), or network configuration, including IP addresses.

8. Price variation

Although Velocity Host will not increase the price of its Services at renewal when the price of those Services have increased for new clients, Velocity Host can reduce the price of the client’s Services if those Services are offered at a lower price than when they were initially subscribed. Price increase may only apply to existing Clients when new options are subscribed to or when modifications are made by the Client. Velocity Host is not responsible for giving notice to its existing client when prices change and may do so upon notification from the client, 7 days prior to the renewal date. This provision excludes Services available on special offers.

9. Costs incurred to the Client

To benefit the Services, it is the Client’s responsibility to provide and pay for:

The installation and use of telephone lines and all other equipment needed to access the Services at their own cost;
all government taxes, duties and levies (if any) imposed on the Clients or Velocity Host in respect of any Services or goods supplied excluding income tax.

Any Add-hock Data Centre services including shipping & postage and the service it self are passed on to the client and are to be paid to Velocity Host upon invoice of these additional services.

10. Termination

Velocity Host may terminate Clients account at any time. Velocity Host will cancel your account at our discretion to (including but not limited to):

• Protect the stability or our infrastructure.
• Comply with applicable laws, government rules or requests of law enforcement
• Avoid liability of Velocity Host and its related third parties.

Velocity Host reserves right to terminate your account if Velocity Host find that our clients or their users have been processing, transmitting (uploading or downloading), distributing or storing material in violation of any applicable law, in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or the privacy, publicity or other personal rights of others, or that is obscene, threatening, abusive or hateful.

Terminating an account:

Clients may terminate their account if

• it is paid in full, and;
• it does not breach the contractual term between Velocity Host and the client, and;
• Velocity Host is notified 15 days prior to the renewal date
• a “Money Back Guarantee” provision is mentioned in the contract and that Velocity Host is notified within the numbers of days specified in that provision.

Upon the termination date, all Services, and information belonging to the account will be deleted, and the legal contract between Velocity Host and the client will end.

11. No-Contracts policy

Velocity Host has a No contracts policy. This means that Velocity Host’ Clients can, at any time, choose to terminate their contract at their next payment due date (see the “Termination provision”. Clients are advised to consider that when choosing their payment option. Velocity Host will not refund those Clients who choose to terminate their servers before their next payment due date.

12. Spam and Commercial e-mail

Velocity Host will consider SPAM, at its discretion, any unsolicited communication originating or transmitting via its infrastructure. Velocity Host reserves the right to suspend any account while appropriate actions are taken. If it is found that Clients deliberately send unsolicited communication, Velocity Host may terminate their account and may not refund the Client.

Velocity Host may charge, at its discretion, a Client sending or transmitting unsolicited communication, to cover any potential cost to Velocity Host caused by such communication. Velocity Host reserves the right to refuse to provide any Services to know spammers.

13. Privacy

This provision complement Velocity Host Privacy Statements, available on the Velocity Host website. Velocity Host will not reveal, sell, or in any way divulge information about the Clients or the usage of the Clients to any individual, business, marketing, or research group without prior consent of the Clients or without legal warrant.

14. Client’s content and related risk

The Client accepts responsibility for all information and material issued by the Clients over any Services provided by Velocity Host, and agrees to indemnify Velocity Host against any liability in relation thereto. In particular the Client undertakes that it shall not publish, distribute or issue any information that is illegal, including copyrighted materials. The Client also acknowledges that Velocity Host may not vet or approve any information or material available through any Services and that Velocity Host does not accept any liability. To the full extent permitted by law the Clients accesses and uses such information and material at their own risk.

15. Suspension of Accounts and Services

Velocity Host may, for reasons other than payment suspend any Services or disconnect or deny the Clients access to any Services (reasonable notice will be given to Clients when possible):

• During any technical incident, modification or maintenance involved in the Services where Velocity Host will make every effort to reduce the suspension of the Services to its minimum; or
• If the Client fails to comply with any provision under this agreement or with any specific contract between Velocity Host and the Client, or with any applicable legislation (including failure to pay outstanding charges when notified), and/or when the breach does, or allows to be done anything which in Velocity Host’ opinion may have the effect of jeopardising the operation of any Services. In such cases, the Client remains liable of any charges due during the suspension period. When the breach is remedied (if it can be remedied), the suspension will end.

Notwithstanding any suspension of any Services under this clause the Clients shall remain liable for all charges due through the period of suspension. An account that is suspended may not be altered or closed until full payment on any outstanding balance is received.

16. Information Received

Except as otherwise expressly permitted in writing, no person may reproduce, redistribute, retransmit, publish or otherwise transfer or exploit any information which they receive regarding Velocity Host’ Services in any way which is to be used for competitive purposes in relation to the Services.

17. Clients’ Rights, Responsibilities and Duties

The Client cannot transfer, or dispose of, its rights under any agreement with Velocity Host without the prior written consent of Velocity Host. Velocity Host may transfer the Client’s rights and responsibilities under this assignment to another party, found by Velocity Host to be able to fulfil the Client’s responsibility and duties toward Velocity Host and the Services it provides under any agreement, with 30 days written notice.

18. Governing Law

This Agreement is governed by the laws of Australia and the parties submit to the jurisdiction of the Australian Courts. It is illegal to view certain types of information (notably types of pornographic material) in Australia.

Clients may not break any laws while using partially or entirely the Services provided by Velocity Host. The availability of such material on the Internet is beyond Velocity Host’ control. Velocity Host may act, without the Client’s consent, when notification concerning a Client has been given by any applicable Law Enforcement Agencies.

19. Provision of Services

Velocity Host endeavours to provide continuous uninterrupted Services at all times; the Services provided to the Clients is not fault free and relies on factors outside the control of Velocity Host and for which Velocity Host cannot and does not accept liability. The Services is provided to the Clients at such times and means as Velocity Host decides under the provisions of its 99.9% Uptime commitment.

20. Liability (exclusion)

Except as provided in this agreement, Velocity Host is not liable to the Client or any other person for:

• any cost, loss or liability (including loss of profit or other consequential damage) arising from Velocity Host’ supply or failure or delay in supplying Services.
• the content, context, or confidentiality of any communications made using the Services. Velocity Host does not provide support for third party software, including software downloaded from the Internet. Velocity Host are not responsible for maintaining or authoring the Client’s server. Once the Client’s account has been set up, it is the entire responsibility of the Client to manage their Server/ Service unless agreed to in writing or by subscribing to a “Managed Service”.

21. Liability (limitation)

Except as provisioned below, all provision, warranties, undertakings, inducements and representations relating to the provision of any Services or goods are excluded and Velocity Host will not be liable for any loss or damage (including consequential loss or damage) Velocity Host caused (whether by negligence or otherwise) in respect of any Services or goods inclusive of any software material. Velocity Host’ liability for any breach of such implied term or warranty will be limited at Velocity Host’ option or in any way permitted by the legislation including where so permitted:

• Where the breach relates to goods: the replacement or repair of the goods; or the payment of the costs of replacing or repairing the goods.
• Where the breach relates to Services: the supplying of those Services again; or the payment of the costs of having those Services supplied again.

22. Backups and Information Security

Velocity Host is committed to Information Security. That includes protecting the Confidentiality, Integrity and Availability of the Client’s information. As such, Velocity Host maintains controls in place to reach the upmost level of Information Security, including but not limited to, fully redundant systems and infrastructure. Even though Velocity Host will do its best to ensure the security (including availability of the Client’s information),

Client’s make use of Velocity Host Services is at their own risk. Velocity Host is not responsible for files and data residing on Client’s account. Velocity Host offers options such as user-managed back up and snapshot to help clients managing the security of their information.

Clients agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on our servers at all times. Ultimately Velocity Host cannot be held liable for any data loss due to server failure, unforeseeable corruption of programs, hacking, or any other failure whatsoever.

23. Indemnity

The Client shall indemnify Velocity Host against all claims, expenses, damages, or other liabilities arising directly or indirectly from processing, transmitting, supporting, promoting, storing, accessing of obscene, defamatory, illegal, or offensive material, or causing grief to any other third party using the Services and goods provided by Velocity Host. Accessing your server indicates that you understand, agree and are bound by this indemnification.

The Client shall indemnify Velocity Host against any loss (including any loss of profit) incurred by Velocity Host as a result of any breach of the terms of any agreement with Velocity Host including damages in respect of any period up to and including the date of actual termination.

Should Velocity Host be notified of a pending law suit, or receive notice of the filing of a law suit, Velocity Host will enforce the Client’s obligation to indemnify Velocity Host. Client’s failure to do so may be considered a breach of this agreement and may trigger further measures being taken.

24. Bandwidth Usage/Disk Space

Velocity Host clients are responsible to upgrade their account and monitor their account usage. Velocity Host, will bill clients any extra usage at the rate specified on its Website or to the subscribed rate. Extra usage must be paid as part of the regular billing being on or before the 5th of each month charged in arrears unless subscribed to a pre paid subscription.

Velocity Host reserves the right to suspend its clients’ account, after notification and if no further arrangements are made, when usage is in excess of 50% of the original allowance. All allowance are given on a monthly basis and cannot be carried over to the next month unless otherwise specified in the particular contract.

25. Server Abuse

Any attempts to undermine or cause harm to a server is strictly prohibited and constitutes a breach of this agreement.

26. Scripts

Clients are free to use any Scripts (including CGI Scripts) provided with their account or add any additional ones they require. Any Scripts deemed to be adversely affecting the Server performance or the Network integrity may be shut down without prior notice. Scripts interacting with Services provided by Velocity Host are not allowed unless explicitly permitted by Velocity Host.

27. Backups

Velocity Host performs backups on its systems on a regular basis and ensures its entire infrastructure is fully redundant. Velocity Host makes every effort to insure that these backups and redundancies are kept valid. Velocity Host assumes no liability for any information published to any server including all Client’s content, related files, backup files, databases or mail belonging to any Client.

Velocity Host does not guarantee any backup up stipulated in point 4. D and therefore may not restore, any particular Virtual Private Server when the client’s have not subscribed to a back up or managed service or without a written contract to do so.

Because the Clients have full control over all aspects of their virtual servers, Velocity Host assumes no liability in the operation or reliability of Clients’ servers other than hardware failure.

At no time shall Velocity Host assume any liability for lost client’s content. It is the responsibility of Clients to insure that they maintain their own copy of any materials placed on Velocity Host Infrastructure, or in the event Velocity Host is unable to restore Clients content from backup.

28. Disaster

A disaster is defined as unforeseeable Acts including but not limited to fire, flood, earthquake, storm, hurricane, war, invasion, act of foreign enemies, hostilities, civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, governmental or quasi governmental sanction, restraint, embargo, prohibition or intervention, blockage, labour dispute, general strike, lockout or interruption or failure of utilities or telephone Services.

• where Velocity Host or its related third parties, including its clients are unable, wholly or in part, due to a disaster, to carry out any obligation under this Agreement, and:
• prompt notice of that disaster, including the probable extent to which it will be unable to perform or be delayed in performing that obligation, is given;
• all possible diligence is used to mitigate or recover from that disaster as quickly as possible, that obligation is suspended so far as it is affected by force majeure during the continuance of that force majeure and that Party shall be allowed a reasonable extension of time to perform its obligations; contractual requirements may be suspended or void for all parties.

29. Severability

The client agrees that the terms of this Agreement are severable. If any part of this Agreement is determined to be unenforceable or invalid, that part of the agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties to the Agreement. The remaining terms and conditions of the Agreement will remain in full force and effect.