Terms of Service Web Hosting (TOS)
Use of enflexion's Service constitutes acceptance and agreement to enflexion's AUP (Acceptable Use Policy). From herewith in this TOS, AUP the usage of "us", "we", "our", "ours" shall constitute reference to enflexion, the usage of "you", "your", "they", "them" shall refer to client / customer of enflexion.
Acceptance of Contractual Agreement
1. Client agrees that by placing an order either by means of electronic ordering (web order form) or submitting a written contract, and receipt of such order by enflexion, that you are agreeing to our TOS, AUP, and SLA. No Modifications of said contract by customer is allowed.
2. enflexion will provide, and Customer will purchase and pay for, the Services, and service fees specified in the Order for the applicable Service Description. Customer acknowledges that the service, and service fees have been communicated to the customer, and that they are aware of all applicable charges as per contract, AUP, SLA, and TOS. Customer also understands that any promotional offers unless specified in contractual terms will not be applicable to their individual service.
What may NOT be hosted on our network:
Warez
IRC
Child pornography
Copyrighted media, includes but not limited to: Video, Music, TV, Radio
Hacking tools / material
Anything that may harm us, the server, or anyone else (mentally, physically)
Network Uptime is the total time in a calendar month that enflexion network is available through the Internet, provided that Client has established connectivity. enflexion takes responsibility for Network availability within their network, however, we cannot be held liable for upstream problems, outside of our network. Our guarantee is that our Network will be available to clients free of Network Outages, that render 100% packet loss, 96% of each calendar month
Network Outages or Unscheduled Downtime is any unplanned or unscheduled interruption in Service availability during which Client is unable to access the services as described in the section titled "Network Uptime" above. A Network Outage is defined as a period in which 100% packet loss to our network is experienced, which is determined to have been caused by a problem in enflexion's Network as confirmed by enflexion. Downtime or outages are measured as the total length of time of the unplanned interruption in service availability in a calendar month.
Scheduled Downtime is any enflexion scheduled interruption of Services, for the purpose of network upgrades, or replacement of any equipment in order to provide for you better service. Scheduled downtime occurs during notified downtime periods, with as much advance warning as possible via e-mail with a minimum of 12- 24 hours notice.
SLA Network Violation Credit
see: enflexion's Service Level Agreement
Performance Credit exclusions: The following are excluded from the monthly calculation of Service Availability:
Scheduled downtime.
Problems outside of enflexion's network (upstream providers, or client's inbound connection) not effecting 100% loss to our network.
Interruptions or failure of individual service caused by client, their employees, client's customers, etc. to their service.These include inaccurate configuration, 3rd party software, client abuse or over utilization of resources, hacked servers, attacks, exploits, server hardware failures or other users on server to cause the server to overload which may cause downtime. We will do our best to remove such offenders immediately.
Payments and Fees
Payment is due every month by credit card or PayPal, an invoice will be raised and can be paid from the Client Area, please note that service may be suspended on accounts that reach 10 days past due, We do not charge late or re-connection fees.
Declined Credit Card Payments
enflexion will charge a $25 amount for each time your credit card is declined on a regular payment.
Overdue Accounts
enflexion may temporarily deny service or terminate this Agreement upon failure of Customer to pay charges when due. Such termination or denial will not relieve Customer of responsibility for the payment of all accrued service fees, or any collection fees.
Account Cancellation
All requests for canceling any service / services must be made in writing with at least 15 days notice but not more than 30 days prior written via email to accounts@enflexion.com.au include your domain name, last name on credit card in your email.
Refunds and Disputes
All payments to enflexion are non refundable. This includes any setup fees and monthly fees regardless of usage. All billing disputes must be reported within 30 days of the time the dispute occurred. Disputed charges to your credit card issuer, also known as charge backs, in enflexion's discretion which is valid, under the terms and conditions of our SLA, AUP, and TOS, will result in service interruption, and reconnection fees to restore the desired service.
