Qclick Web Solutions/Kanga Hosting Australia Terms & Conditions
a) The Customer wishes to use the Hosted Service as described by the Qclick Web Solutions/Kanga Hosting Australia Levels & Pricing information.
b) Qclick Web Solutions/Kanga Hosting Australia has offered to provide the Hosted Service to the Customer in accordance with the terms and conditions outlined in this Agreement.
Your use of the Qclick Web Solutions/Kanga Hosting Australia hosting services indicates your agreement to be bound by these terms of service. Any reference in this agreement to you, your, yours is a reference to the Customer. Any reference to we, us, our or ours is a reference to Qclick Web Solutions/Kanga Hosting Australia.
1. User Conduct
You agree to abide by all applicable local, state, national and international laws and regulations regarding your use of our service including but not limited to the prevention of hosting of offensive, racist or discriminatory material on your web site.
2. Terms of Payment
Qclick Web Solutions/Kanga Hosting Australia agrees to provide the Hosted Service, and You agree to pay Qclick Web Solutions/Kanga Hosting Australia the Price for the services received from Qclick Web Solutions/Kanga Hosting Australia in accordance with Qclick Web Solutions/Kanga Hosting Australias' standard payment terms which are:
a. 12 month Contract: payment 12 months in advance commencing 11 months from the date your Qclick/Kanga Hosting Australia contract was signed. Payment is to be made via our automated payment system, which accepts credit card (Visa or Mastercard) or direct debit. In the event of funds not being available at the time of deduction there will be no fees incurred by you, however, if the payment is not received by the due date, we may terminate this agreement and return your content to you on CDROM, your website and any emails attached to the website will be deactivated. We reserve the right to vary its standard prices at any time and will provide 30 days notice of any price alteration. All payments are to be made in Australian currency. We will absorb all fees to do with setup of the automated payment system. Cancellation of webhosting must be received via email with 30 days notification. No refund will be given on unused hosting.
b. Monthly – payments are debited from a credit card (Visa, Master Card, American Express) on a monthly basis. Email notification of due payment is sent 8 days prior to payment being deducted. If payment is not received, 3 later email notifications will be sent and after 8 days the site and emails relating to the site will be suspended. Cancellation of hosting must be received via email with 30 days notice given.
We are protected from hackers and DDoS attack (UDP flood).We have an extensive custom firewall rule and large mod security rule sets protecting our servers. If we do experience heavy flooding, we have our datacenter enable network level flood protection. Our datacenters are all highly secure facilities with restricted access. Our other security methods and precautions are confidential for security reasons
4. Backup of Web Site Content
Full back-ups are made weekly every Sunday. Back-ups are made for server restoration purposes only. You are also responsible for keeping a copy of your most current web site files as backup on your own computer system. If any loss of data occurs Qclick Web Solutions will use reasonable efforts to recover the data from the most recent backup archive for a fee of one hundred and fifty-five dollars ($155.00+GST) fee. You will be provided password protected access to your cpanel from which you will be able to download a copy of your website. We recommend doing this weekly and/or every time new information is added to your website.
5. Uptime Guarantee
We guarantees the service will be available 99.9% of the time in any month for a "99.9% Uptime Guarantee" to any of our Customers in good financial standing. We will credit the equivalent of 1 month of your current hosting fee where we breach this standard. Customers must request via email such credit within seven (7) days after Network Unavailability. This uptime guarantee does not relate to speed of page delivery, or page loading which may be affected by the customer's internet connection speed or other factors.
We may terminate this agreement at any time by providing the Customer with 30 days notice. In this case, we will return to the customer all Customer Files on CDROM. You may terminate this Agreement at any time by providing 30 days notice to us. No refund of unused hosting months will be repaid on customer termination.
7. Governing Law
Western Australian law shall govern this Agreement, and any dispute arising from the relationship between the parties to this Agreement, excluding any laws that direct the application of another jurisdiction's laws.
8. Credit Card Storage
If you choose to store credit card information on your website, you do so at your own risk. As the administrator for your website, you are responsible for deleting the customer's order after processing, to ensure the details are removed. We do not recommend collecting credit card details and other client personal information on an unsecure page. We can provide SSL Certificates to provide secure webpages at extra costs.
9. Inclusion of Website Footer text
We may include 1 footer link on every page of any client website hosted with us. We will ensure these footer links are styled in a non-intrusive font & style in order to avoid these links becoming prominent in the client's website design. These links help ensure the strength of our online marketing programme which will be used to help increase the prominence of your website on the Internet, and drive increased sales & leads for your business.
10. Domain Transfer
We would prefer your primary domain name (the main domain your website is pointing to and your emails are directed to eg. email@example.com to be hosted with us. If there are problems with the website it is far easier to fix these problems as we would then be hosting your website, domain and email
We will endeavour to transfer your primary domain name for you, however, due to privacy protection policies we are limited to how much we can do, most of the responsibility for transfer will lie with the client.
If we are responsible for your emails we will set up your email accounts at one of the training sessions. Emails will be checked thoroughly to make sure all is operating correctly. We will also provide you with your individual settings and training notes for Outlook and Outlook Express for your future reference.
We are not responsible for emails not working due to 'mail box full' error message, you are responsible for making sure your mail box is emptied on a regular basis.
Email limits will be set to 250mb/box. Larger boxes can be organised but all email allowances are included as part of your hosting package data allowance. Increasing email box sizes may increase your hosting package charge.
You will be provided password protected access to your cpanel from which you will be able to manage your email box/es. From this area you will be able to:
Ø Manage the size of your box/es
Ø Create/delete email boxes
We offer a warranty over the programs used to create your website including Joomla, Cubecart and all customisations or new software code developed as part of your website project. After your website or customisations are sent live to the internet, if the website program or any of the customisations fail to operate in accordance with the documented specifications of the website functionality and extra customisations provided to you by us, then we will fix these at no charge.
If we find that the program or customisation has been damaged or incorrectly used by you or anyone editing your website, then any fixes to this functionality will be charged at the current hourly rate (We will inform you of this rate).
Note: interpretation of failure to meet the documented specifications will be on the basis of the narrowest interpretation of functional descriptions in any proposal or documentation provided to you. If you are anxious therefore about ensuring that your customisations cover the required areas of functionality, we recommend you review carefully any proposal documentation - and seek clarification from us prior to the project commencing to ensure a clear understanding is shared between your and our team. For large projects (above $30,000 in size), a specification document will typically be provided outlining such customisations in detail.
Warranty periods do not apply to sites that have not been originally developed by us.
1. Service Hours
Our service hours are between the hours of 8.30am – 5.00pm WST,
Monday – Friday, excluding public holidays.
2. Site Unavailable - (due to our server)
We can be contacted 7 days a week. If calling out of normal service hours please leave a message and also email us (firstname.lastname@example.org). Our support staff checks emails and messages 7 days a week and attend immediately to a site being unavailable due to our service provider.
Support is offered until resolution and site access is restored. If access can't be restored immediately, then an ETA or at least an explanation must be provided within 30 minutes of the client contacting us.
3. Email Support
To Log a Support Request email us at email@example.com. The email ticketing support will be responded to more quickly then telephone support.
24 hour response time is assured. In most cases, your support request will actually be responded to within an hour, but we will endeavour to ensure the maximum response time will never be more than 24 hours if the support request is submitted to firstname.lastname@example.org.
4. General Phone Support
48 hour response time is assured. Our email ticketing support email@example.com will be responded to more quickly so we advise using this method first.
Standard support charges will be incurred for setting up extra emails at a later date or resetting emails due to a computer crash, due to service being completed by a party other then us, software crash or an upgrade of software / hardware.
6. Support Incurring Extra Costs
If you choose to host your website elsewhere any issues relating to your website will be charged for.
If emails do not work due to service by a party other than us, computer crash, software crash and our help is required to reset them
Product damaged by misuse, tampering, modification of source files, or improper service by a party other than us.
We do not cover 3rd party software support, nor does it cover Product re-installation, Product relocation, systems engineering services, custom programming, or any problem due to Customer's operating system, browser or application software dysfunction of any sort.
7. We will no longer be responsible in any way for a website that is hosted by a different service provider. We cannot be held responsible for the website displaying incorrectly or not functioning correctly due to being hosted elsewhere.
All Terms and Conditions are subject to change, we will give clients 30 days notice to any changes.