Terms and Conditions: Developer Hosting

Service

Limits

All limits are 'soft' quotas. This means that you're clients won't be automatically cut-off if they exceed their limits, we'll make all reasonable attempts to let you know before we cut any services to clients.

Activation

Please allow a few days to create your master account. However, if you let us know it's urgent, we'll try to accommodate your needs.

Support

All end client support is to be handled by your staff. A nominated contact from your business has full access to Go4 Hosting support services.

Payment

Upgrades / downgrades

You can upgrade / downgrade to a higher / lower packages at any time and we'll calculate the new pricing based on the months left for the current year. The only rule is that you sit with the chosen package out for at least one (1) month (you can't change multiple times within one month).

Refunds

Please see our Refunds Policy.

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Refunds Policy

Business Hosting

Snapfrozen offers all new clients a 30-day Money Back Guarantee on our Business Hosting plans. If you are a new client and are not completely satisfied with our shared hosting plans within the first 30 days of sign up, please contact us to receive a full refund (not including domain registrations).

Developer Hosting

All Developer Hosting plans are non-refundable.

Domains

All domains registrations, transfers and renewals are non-refundable.

Development

Both installment payments for development services are non-refundable.

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Privacy Policy

Snapfrozen is strongly committed to protecting your privacy while interacting with our content, products and services. We want to provide a safe and secure environment for you.
The purpose of this Privacy Policy is to tell you what kind of information we may gather about you when you visit our site, how we may use that information, whether we disclose it to anyone, and the choices you have regarding our use of, and your ability to correct this information. Our goal is to protect your privacy and to give you a means to voice any questions or concerns you may have.

This policy applies only to Snapfrozen and not to other companies' or organisations' websites to which Snapfrozen Pty Ltd is linked.

Collection of information

Information is collected from you primarily to make it easier and more rewarding for you to use our services. Depending on the service you are accessing, you could be asked to provide information such as your name, email address.

Snapfrozen collects two types of information. The first type is anonymous information. For instance, we may collect information to tell us that hundred people visit this Privacy Policy today, but we do not know their names, where they live or their date of birth - they are 'anonymous' to us. Another example of Snapfrozen collecting anonymous information is when visitors to our site are invited to rate knowledgebase articles on the Snapfrozen website.

The second type of information that Snapfrozen collects is personal information. Snapfrozen will collect personal information that lets us know the specifics of our clients - name, email address, or postal address. With this information, Snapfrozen can provide a variety of personalised and enhanced services that are not available to anonymous visitors. We hope that you will find it beneficial to provide individually identifiable information about yourself to us because it will make our services more valuable to you.

Sometimes, we may specifically ask for personal information about you when you sign up to purchase a service. Certain information may be required, such as your name, company name, ABN number, email address, billing address, credit card number, in order to provide that service or product to you. This information will be used to contact you regarding the products and services you have purchased from us.

Use of anonymous information

Snapfrozen automatically gathers anonymous information to monitor the use of our website, such as the numbers and frequency of visitors to the website and its areas, very much like television ratings that tell the networks how many people tuned in to a program. We only use such data in the aggregate. This collective data helps us determine how much our audiences use parts of the site, so we can improve our website to assure that it is as easy to use asas possible. Snapfrozen may provide this aggregate data to other people.

Use of personal information

Snapfrozen will only use the personal information you have chosen to provide us for the purpose for which you provided it. Snapfrozen will not use it for any other purpose without your consent.

Disclosure

There will be occasions where it will be necessary for the Snapfrozen to disclose your personal information to third parties. Snapfrozen may be required by law to disclose the information, or the Snapfrozn may be required to disclose your personal information to third parties to provide the service you have requested, for example, if you purchase products and services online from Snapfrozen, we may need to disclose your personal information to third parties in order to bill and deliver your products. However, the disclosure will only be made where it is necessary to fulfil the purpose for which you disclosed your personal information. Otherwise than stated above, we do not disclose personal information that you may give us, such as your name, address, email address or telephone number, to any organisation or person outside Snapfrozen unless you have authorised us to do so.

No sale of personal information

Under no circumstances will Snapfrozen sell or receive payment for licensing or disclosing your personal information.

Access and correction: personal data

If Snapfrozen holds your personal information, Snapfrozen will where possible provide you with access to the information (i.e through our Client Area). Snapfrozen will take reasonable steps to correct the information so that it is accurate, complete and up to date.

Security

The Snapfrozen website has a SSL certificate and operates secure data networks that are designed to protect your privacy and security.

Complaints about privacy

If you have any complaints relating to online privacy issues on our websites, please email support@snapfrozen.com.au. While Snapfrozen accepts no liability for any material or links posted to the service, we will investigate all complaints.

Changes to Snapfrozen privacy policy

If we decide to change the Sanpfrozen Privacy Policy, we will post those changes here.

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Terms & Conditions: Web Development

By accepting a development quotation, the client and Snapfrozen agree to be bound by the following terms and conditions. Snapfrozen will provide the services as outlined in the quotation to the client by the completion date specified, subject to any reasonable delay suffered by the Snapfrozen.

Permissions

The client will obtain all necessary licences, permissions and approvals relative to the provision of the services.

Changes

Changes to the services may only be made by mutual agreement between the Snapfrozen and client in writing. Additional revisions can be completed on a time and materials basis. We allow for a single revision of text after it has been loaded into the site.

Delays

If Snapfrozen is prevented or delayed from performing the services as a result of the client's failure to perform its obligations under this agreement in a timely and effective manner, the client agrees to pay Snapfrozen an additional fee (to be calculated in accordance with Snapfrozen's current rates) and exempt Snapfrozen from any consequential breach of this agreement.

Subcontracting

Snapfrozen may subcontract all or any of the services and the delivery of the deliverables.

Payment

Snapfrozen is to provide a fee in their quotation to the client, based on a preliminary project scoping attained from the information provided by the client. If necessary, Snapfrozen will work with the client to refine the budget and deliverables.

The fee is inclusive of taxes, duties and charges imposed or levied in Australia or overseas in connection with the supply of the Services, including (but not limited to) any tax in relation to the supply of goods and services under the legislation entitled "a New Tax System (Goods and Services Tax) Act 1999" (Taxes).

Fee Structure

The client will pay the fee in two installments: 50% of the fee to Snapfrozen on the date of commencement, and 50% on the date of completion. Snapfrozen may suspend the services and/or the delivery of the deliverables if the fees are not paid when due, as outlined above.

Confidential Information

A party will not, except as authorized by the other party or required in carrying out the Services, use or divulge any confidential information of the other party.

Bugs

Snapfrozen offers a 6 month-warranty and encourage clients to conduct their testing during this period. Following this period, bug fixes will be charged at our maintenance rate.

Termination

Either party may terminate this agreement by written notice to the other party:

  1. If in the reasonable opinion of either party, the other party is in breach of its obligations under this agreement and fails to remedy that breach within 14 days of being requested in writing by the other party to do so;
  2. If an order is made to wind up either party or either party goes into liquidation whether voluntarily or otherwise;
  3. If either party is dissolved, whether by statute or otherwise; or
  4. If either party makes an assignment for the benefit of, or enters into an arrangement or composition with, its creditors or has an administrator appointed.

Refunds

Please see our Refunds Policy.

General

This proposal assumes goodwill from both sides, in terms of what can reasonably be achieved in the time frame, and a willingness to make best use of resources to achieve the most useful outcomes.

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Terms and Conditions: Business Hosting

Service

Hosting

These terms and conditions relate to the web hosting service provided by Snapfrozen Pty Ltd. Any changes regarding hosting accounts (i.e. DNS and password changes) must be emailed to support@snapfrozen.com.au.

Downtime

Snapfrozen will use its commercially reasonable efforts to provide services at all times. Subscriber acknowledges that from time to time the services may be inaccessible or inoperable for various reasons, including periodic maintenance procedures or upgrades ("Scheduled Downtime"); or service malfunctions, and causes beyond Snapfrozen’s control or which are not reasonably foreseeable by Snapfrozen, including the interruption or failure of telecommunications or digital transmission links, hostile network attacks, or network congestion or other failures. Snapfrozen will provide at least forty-eight (48) hours advance notice to the subscriber for Scheduled Downtime, and will use commercially reasonable efforts to minimize any other disruption, inaccessibility and/or inoperability of its web servers. Snapfrozen has no responsibility for downtime resulting from a user's actions.

Support

All accounts come with Australian phone and email support. Our phone support service is available from 9am to 5.30pm Monday to Friday (AEST). We make our best effort to respond to all calls as soon as possible.

Terms of Service

We don’t host anything illegal

All services provided by Snapfrozen are to be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any Australian Federal, State or Local law or the laws of any other relevant jurisdiction, is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, material that jeopardizes national security, or material protected by trade secret or other laws. The subscriber agrees to indemnify and hold harmless Snapfrozen, from any claims resulting from the subscriber's use of Snapfrozen services which damages the subscriber or any other party.

We don’t host porn

Porn and other sex related material is prohibited on all Snapfrozen servers. This includes sites that may imply sexual content, or link to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to Snapfrozen servers or any other server on the Internet. Links to such materials are also prohibited. Snapfrozen will be the sole arbiter as to what constitutes a violation of this provision. Content that does not meet these standards will be removed without prior notice to the subscriber.

Prohibited content or links

Prohibited content or links include (but are not limited to):

  • Chat (IRC) software
  • Pirated software
  • Hacking programs or archives
  • Warez Sites
  • Illegal distribution of copyrighted material.
  • Adult (Porn) Sites
  • Dedicated game servers

Prohibited housing

Housing of any of the following files is considered a violation of the terms of service:

  • IRC, chat daemons and or anything like it
  • Proxy servers of any kind
  • PortScanning
  • ShoutCast Servers
  • PHP and Java Shells or anything like them are prohibited. If you need shell access, ask us, we might be able to help.
  • Background Running Programs – We will run some background running programs, but these best be pre-approved by Snapfrozen staff before use.

We won’t put up with any kind of SPAM

Spamming – Sending unsolicited email from any Snapfrozen server or any server located on the Snapfrozen network is STRICTLY prohibited. Snapfrozen will be the sole arbiter as to what constitutes a violation of this provision. This also includes “optin”, “optout” mail programs and mail that either directly or indirectly references a domain contained within an account at Sanpfrozen. In addition to termination of any account found to be in violation there will also be a $200.00 penalty for every valid spam complaint processed by Snapfrozen staff.

We won’t be used and abused

Server Abuse - Any attempts to undermine or abuse a Snapfrozen server or subscriber of Snapfrozen is strictly not on, this includes but is not limited to:

  • Logging into a server or account that you are not authorised to access
  • Accessing data or taking any action to obtain services not intended for you or your use
  • Attempting to probe, scan or test the vulnerability of any system, subsystem or network
  • Tampering, hacking, modifying, or otherwise corrupting or breaching security or authentication measures without proper authorization
  • Transmitting or storing material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines with the intent or effect of damaging, destroying, disrupting or otherwise impairing a computer's functionality or the operation of the System
  • Interfering with, intercepting or expropriating any system, data or information
  • Interfering with service to any user, host or network including, without limitation, by means of overloading, "flooding," "mailbombing," or "crashing" any computer system

Whether you personally did it or not, you’re responsible for all actions performed by your account. All sub-networks of Snapfrozen and all dedicated servers must adhere to the above policies.

Billing

We charge our services in advance, whereby services will be activated upon payment.

Overage billing

From 1 April 2011, Snapfrozen will charge $3/GB if you exceed the transfer quota as specified in your hosting plan.

Refunds

Please see our Refunds Policy.

Overdue accounts

We make every effort to contact clients regarding late payments for overdue accounts. However, we reserve the right to suspend services if accounts have not been paid by the service expiry date.

General

Terms of Service are subject to change on seven (7) days written notice. Written notice will be deemed to include notice sent by e-mail to the primary e-mail address we have on file or the primary postal address. This notice will be deemed to take effect immediately upon it being sent by us; successful delivery and/or receipt of such notice is the sole responsibility of the subscriber. These Terms of Service are a legally binding contract between the subscriber and Snapfrozen. By opening an account, the subscriber agrees to the above-stated terms. Anything not listed in the Terms of Service is open to interpretation and change by Snapfrozen administrators without prior notice. Any violation of these Terms of Service will result in termination of the account. Snapfrozen maintains the right to terminate accounts without prior notification. We reserve the right to remove any account with fifteen (15) days prior notice.

Remedy

You agree that your sole and exclusive remedy to any issues relating to the Snapfrozen Service is to discontinue using the Service.

Limitation of liability

Recovery of damages from Snapfrozen may not exceed the amount of fees it has collected on the account.

Snapfrozen gives no condition, warranty or undertaking and makes no representation to customers about the suitability of, or fitness of Hosting Services for the Client's purposes other than those conditions, warranties, undertakings or representations expressly set out in these conditions.
We will not be liable to you or any third party for any indirect or consequential loss or damage, costs, expenses or other claims for consequential compensation whatsoever or howsoever caused which arise out of or in connection with this agreement, or for loss of profit, loss of business, loss of data, depletion of goodwill or loss occurring in the normal course of business or otherwise.
Snapfrozen will have no liability for any loss or damage to any data stored on Servers or back-up facilities. You must maintain adequate insurance cover in respect of any loss or damage to data stored on Servers or back-up facilities.

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