Terms and Conditions

Web 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.

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.

Bug Policy

Snapfrozen offers a three 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 Refund 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.