VPSBlocks Pty Ltd Terms and Conditions
1. In these terms of service:
"You", and "your" shall refer to any individual or company who purchases and /
or utilises any service provided by VPSBlocks Pty Ltd, and this shall also
include any agent, affiliate or reseller of the aforementioned party;
"We", "us", and "our" shall refer to VPSBlocks Pty Ltd;
"Account" shall refer to the established billing information system in
connection with the Services;
"Billing Term" shall mean the minimum period of time that you have selected to
receive the Services, including any changes made to this term by you from time
"Renewal Date" shall mean the last business day of the relevant Billing Term;
"Servers" shall collectively refer to any hardware managed by us that you
"Services" shall collectively refer to any service (including the billing
associated with such) that we agree to provide you based on your selections made
upon registration, or as requested in writing by you at a later time and
approved by us; and
"Sites" shall collectively refer to any website maintained by you and hosted by
us as part of the Services.
2. Where you select to have the Services provided by us, you are
unconditionally bound by these terms of service, and it is understood that you
have read and agree wholly with these terms of service.
3. We reserve the right to amend these terms of service at any time without
notice to you, and any reference to these terms of service includes any later
amendments to these terms. It is understood that you will
review these terms of service periodically for any changes.
4. These terms of service represent the entire agreement between us and you,
and supersede any and all prior negotiations, understandings or agreements of
the parties involved.
5. All resellers that have selected to have the Services provided by us:
(a) are bound
by these terms of service; and
liable for any individual or business that has an agreement or other arrangement
with the reseller and that make use our Services; and
(c) must ensure that the terms of service that their clients agree to include these
terms of service.
6. Any breach of these terms of service by you may result in the Services
being suspended or terminated with or without notice.
7. You represent and warrant that you are not a national or resident of
Burma/Myanmar, Cuba, Iran, Iraq, Libya, North Korea, Serbia, Sudan, and Syria or
any other country subject to Australian embargo restrictions. You further acknowledge that you are not a national or resident of a country
whose name is otherwise omitted from the registration form for our Services.
Residents of countries which are serviced by our affiliates are required to
contract with those affiliates, and you represent and warrant that you are not a
resident of one of those countries.
8. We agree to provide you with the Services, and we will not be expected to
provide you with any other services unless agreed to in writing between us and
you, and all Services that we provide shall be bound by these terms of service.
9. Any change to the Services, as requested by you and agreed by us, that is
not part of a standard package or Service that we normally offer, will be
considered to be temporary in nature. These changes will be
made on a case-by-case basis, and may not be preserved when other changes are
made to the Services. We will not be held responsible for any
downtime or issues related with this clause.
change to a Service may be removed at any time with or without notice if it is
found to have a negative effect on services we provide to our other customers.
11. We will
endeavour to deliver the Services within 60 minutes of completion of
registration and payment being accepted through our secure payment process.
Accounts and Billing
12. As part
of the registration process, you must:
us with your name, physical address, phone number, and email address (not
including any email address we have provided you); and
the Services you wish us to provide you with; and
(c) select a Billing Term; and
(d) make full
payment for the Billing Term selected.
13. Information provided to us by you may be shared with a third party to determine
a fraud risk score, to bill the credit card on file, or to contract services on
behalf of you with a third party (i.e as is the case with "domain
registration"). We will never share your information with any
third party under any circumstance outside of this requirement.
registration, your Account will be established under the following conditions:
payment has been received by us for the Billing Term;
order has been determined by us not to be fraud; and
have accepted your order.
15. We retain
the right to reject your order at any time for any reason with or without
notice. In the event that your order is not accepted by us
for any reason, any payments received by us from you will be refunded to you.
16. Once your
Account is established, it will be your responsibility to ensure that your
Account at all times consists of accurate and up-to-date contact and billing
information as verified by you, and this includes (but is not limited to) your
name, physical address, phone number, and email address (not including any email
address we have provided you).
17. If, at
any time, your Account does not contain accurate and up-to-date information,
(a) we will
not be held liable for any reason in the event that we cannot get in contact
with you; and
(b) a failure
by you to provide truthful information may result in the suspension or
termination of your Account.
Services are to be billed and paid for by you in advance of the next Billing
19. On each
Renewal Date, the Services will automatically be renewed for a further Billing
Term, unless you terminate the Services in accordance with clause 26 of these
terms of service.
20. If you
have selected to make all payments by credit card, a valid and current credit
card number must always be contained on your Account, and payments will
automatically be attempted using that credit card number on each Renewal Date or Invoice Due Date.
21. Forms of
payment other than by credit card are not normally accepted unless agreed by us
in writing. Where you establish a form of payment that is not
normally accepted by us, you will be responsible for tracking the Renewal Date
and ensuring that we receive full payment before each Renewal Date. We will not be liable if your Account is suspended due to a failure by
you to make full payment on or before each Renewal Date.
22. We are
not required to send you an invoice prior to each Renewal Date.
23. Where you
exceed your monthly bandwidth allowance, we will charge you $A 1.00 per Gigabyte (GB) used in excess of your monthly bandwidth
allowance, and this additional charge will be invoiced and paid immediately if we have your credit card on file, alternatively it must be paid within seven (7) days of you
receiving an invoice from us to avoid account suspension. In the case of excess bandwidth which is post paid, we reserve to right to employ debt collection if required.
communication regarding your Account initiated by us with you shall take place
via email, and we will at all times assume that the email address provided on
your Account is accurate and up-to-date, and we will make no additional effort
to contact you.
25. In the
event that you owe money to us for any reason, the Services being provided to
you may be suspended with or without notice.
26. If your
Account is suspended for any reason, you will continue to be liable for payment
for the current Billing Term, and any future Billing Terms, and all monies owed
must be paid in full prior to your Account being reinstated.
27. If a bank
disputes (i.e. "charge backs") arises, this will constitute grounds for
immediate suspension or termination of your Account without notice from us. If you wish to reinstate your Account affected by a bank dispute, you
will be responsible for the whole amount disputed, plus any additional fees
directly associated with the bank dispute.
28. If you
wish to terminate your Account, you can only do so by logging into your Account
and requesting termination.
29. If you
terminate your Account prior to the next Renewal Date, you will forfeit all fees
paid in advance up to the next Renewal Date.
30. In the
event that your Account is terminated by us for a breach of these terms of
service by you, no refund will be given for fees paid in advance up to the next
Renewal Date, nor will a backup of any data stored on the Servers be provided
unless otherwise determined by us.
otherwise noted, any and all promotions are reserved for first-time account
holders, and will not be honoured for existing Accounts unless approved by us.
transactions are to be processed in Australian Dollars (AUD)
registering with us, your financial details are passed through a secure server
using the latest 128-bit SSL (secure sockets layer) encryption technology, which
is the current industry standard. If you have any questions
regarding our security policy, please contact customer support at firstname.lastname@example.org.
34. All licensing of software products (specifically cPanel & Plesk) is
non-refundable. cPanel licenses support unlimited domains. Plesk licenses
support up to 100 domains.
Sites, Service and Content
Services are not to be used for the transmission, storage, or presentation of
any information, data or material that is in violation of any Australian federal
and/or local laws, and a failure to comply with such will result in immediate
suspension or termination of your Account.
attempt to exploit a Service in any way is grounds for immediate termination of
36. You are
wholly responsible for any action taken on your Account in any way. The Customer is monetarily responsible for any action that is taken on
their Account, regardless of if the Customer or a third party took the action.
37. In the
case where you believe your Account has been compromised by a third party, it is
your responsibility to alert us in writing by email to that fact as soon as
possible. You may be held liable for any service charges
accumulated by any action taken by the third party. You as the owner are wholly responsible for any and all content located on, or served through your server.
consider certain material contained on websites to be unacceptable. If
unacceptable material is found on a Site, or is linked to by a Site, your
Account will be suspended or terminated as determined by us. Examples of
unacceptable material include, but are not limited to:
(a) Fraudulent or phishing activities of any kind
(b) Illegitimate use of botting software
(c) Copyrighted material without explicit consent to use and/or distribute
(d) Network/computer scanning or attack software
(f) Software licenses, license generation software, software "cracks"
viruses/malicious software of any kind
scripts or services used for malicious purposes
(i) Racist, hateful, or harassing content
(j) Hacking related information or services
(k) SPAM of
(l) Gaming servers or related services (e.g. clan websites)
effort to link to, or provide material that is not owned by you, on a Site will
result in immediate suspension of your Account.
40. The use
of any data and/or multimedia that is not explicitly owned by you, or for which
you do not have explicit written permission from the owner of the data and/or
multimedia, is prohibited by us. Examples include, but are not limited to, the
hosting of music or videos whether for personal or public use. Violation of this
clause may result in the material being removed with or without notice and/or
the suspension of your Account at our discretion.
are not to be used to monitor, gather information about, or administrate other
servers or sites of any kind.
must remain within the limits specified by the package you selected, regardless
of whether or not they are strictly enforced. Violating this
clause is considered exploitation and will result in suspension, and possibly
termination, of your Account.
promise a 99.99% uptime guarantee based on the availability of the Services your
Account directly utilises over a period of one month.
will be judged solely by monitoring services that we directly contract or
utilise, and statistics from third-party monitoring services will not be
honoured for this guarantee.
are not automatically applied. If you wish to challenge the guarantee, a written
request must be submitted, and we will investigate the claim.
you successfully challenge this guarantee, a credit equal to one day of service,
per thirty (30) minutes for your affected Account will be applied, to a maximum
of thirty (30) credits per outage.
47. You must
pro-actively seek a solution, in writing, to any downtime you experience to be
eligible for a service credit when challenging this guarantee.
48. If it is
found that you had not contacted us prior to challenging the guarantee, no
service credit will be due.
49. If you
wish to challenge the guarantee, you must do so within one month of a suspected
violation, and if you attempt to challenge the guarantee outside of this time
period, no service credit will become due.
credits may only be approved by us, and must be requested and granted in
writing. We may revoke any credit received outside of these
requirements without notice.
credits will be granted as a credit to the balance of an Account held with us or
as an extension of the renewal date of a Service. Service credits can never be
exchanged for a direct refund.
52. In the
event an Account is terminated or cancelled for any reason, all service credits
not yet utilised on the Account are considered null and void, and cannot be
request for a service credit must be submitted, in writing, within one month of
the incident cited as the reason for credit due.
terms of service will be used when determining eligibility for a credit. We will
never be obligated to provide a service credit, unless otherwise noted in these
terms of service.
Public Nature of the Internet and Data Integrity
Internet, and our network, are considered publicly accessible and should be
treated as such. We will not be held liable for any
unauthorised access to your data. Any data that is deemed confidential,
classified, personal, or private, shall not be hosted on the Services.
56. We will
not be responsible for maintaining backups of any data stored on the Services.
57. We will
not be liable or monetarily responsible for any data loss or corruption under
any circumstances, and this includes, but is not limited to, Sites that are
compromised, modified, or changed by you or third party, with or without your
consent, in any way.
58. We will
not be liable or monetarily responsible for any damages incurred due to any
service outages under any circumstances.
Abuse and Law Enforcement
utilising our Services, you consent to having your Account monitored for
activity that may breach these terms of service. Information
gathered during monitoring will not be used in any way other than ensuring these
terms of service are upheld.
60. It is our
responsibility to comply with any requests set forth by law enforcement
officials and courts within the bounds of Australian federal and local laws. Any actions on your Account mandated by the order of a law
enforcement official or court will be taken without notice to you, unless
otherwise instructed by the aforementioned parties.
61. It is our
responsibility to comply with properly formatted Copyright complaints as set
forth by the Copyright Act 1968 (Cth), and any amendments to that Act from time
to time. In the event we receive a complaint that relates to your Account, it is
our policy to:
(a) expeditiously remove content that is the subject of a correctly prepared notice;
removed content if you submit a properly prepared counter notice.
62. You agree
that you shall defend us, indemnify us (and keep us indemnified), save and hold
us harmless from any and all demands, liabilities, losses, costs and claims,
including reasonable legal fees asserted against us, our agents, our customers,
and our employees, that may arise or result from any service provided or
performed or agreed to be performed or any product sold by you, your agents,
your employees and / or your assignees.
63. You agree
to defend us, indemnify us (and keep us indemnified) and hold us harmless
against liabilities arising out of:
injury to person or property caused by any products sold or otherwise
distributed in connection with us;
material supplied by customer infringing or allegedly infringing on the
proprietary rights of a third party;
(c) Copyright infringement
defective products sold to customers from the Services.
64. We are
not liable in any way whatsoever for any and all damages or losses you or your
business may suffer. We make no expressed or implied
warranties of any kind. We disclaim any warranty or
merchantability for any particular purpose or service, and this includes these
terms of service.
65. To the maximum extent permitted by law, under no circumstances shall VPSBlocks, its officers, directors, employees, subsidiaries, or affiliated companies be liable for any direct, indirect, incidental, special, consequential, or punitive damages, such as, but not limited to, loss of revenue, loss of anticipated profits, goodwill, diminution of value, business interruption costs, or any other intangible losses arising out of damage from any security breach or any other security intrusion.
MONEY BACK GUARANTEE
VPSBlocks offers a 15 day money back guarantee, which provides you with a
full refund of your first payment relating to VPS Hosting, provided that you
have complied with all of the terms of service for all Windows and Linux blocks. In
the case that the terms of service have not been complied with, any payment made
to VPSBlocks will be forfeited. In the case where cPanel or Plesk licensing was required the money back guarantee is 7 days from the date of order. To
be eligible for our money back guarantee, you must first cancel your VPS service using the tools provided, then contact our support or
accounts department within the specified number of days of your initial VPS (virtual private server)
order, and request a refund in accordance our money back guarantee. You must
also include your VPS hostname and email address in the request.
SERVICE LEVEL AGREEMENT
VPSBlocks provides a service level agreement (SLA) which can be downloaded from our website here. This outlines
the level of service which we agree to provide.
We will not trade, sell, make available or disclose to any third party any form
of personal information without your consent. We value our
customers, both current and potential, and want to ensure their privacy when
to explain how we collect and use information from our customers who use
services from us and those who may have visited our website or communicated with
Collection, Use and Communication of Information
In order to use services provided by us, personally identifiable information,
including but not limited to name, physical address, email address, telephone
number, credit card information and other personal information, must be
collected. The customer is responsible for accurate and
updated information on file with us. We will not disclose any
of the user’s personally identifiable information unless required by law or in
order to investigate unlawful activity and/or fraud.
We may also collect non-personally identifiable information from customers and
visitors regarding usage of our services or our web site and the viewing of our
emails. This may include web site pages viewed, time spent
using certain services, IP address, emails opened or blocked, cookies and other
information which does not specifically identify any one individual. This information may be shared with third parties. The
end-user may choose to disable or restrict the placement of cookies, but may
result in interference of the website’s functionality.
Cookies are used on many websites in order to gather information and enhance the
use of our site to the end-user’s preferences. We are not
able to gather personally identifiable information through the placement of
cookies unless the user is registered for our site and has purposely given us
personal information. We may also use tracking pixels in order to track the
number of visitors to our site and the amount of time spent on each webpage.
We will use non-personal information to market services to customers and
visitors that we believe may be of interest to them. This may
be done through emails, newsletters, banner ads, etc. We may
use third parties in order to do this and will not share your credit card
information with any third parties unless they are involved in processing
payments for services that you have purchased from us.
We will not read or disclose to any third parties private e-mail or other
communications that are transmitted using our services except as required to
ensure proper operation of services or as otherwise authorized by law. The end-user is liable for any personal information that he or she
voluntarily makes available through publicly accessible Internet mediums, such
as forums, blogs, and instant messages, and assumes all risks for partaking in
such activities that cannot be controlled by us.
We are committed to providing secure and reliable service and have security
measures in place to ensure no personally identifiable information may be
obtained from outside parties. However, the end-user must always practice
caution whenever using the public Internet and acknowledges the risks involved
when sharing personal information online.
We have a zero tolerance for spam. Please read our terms of
service so that you are aware of action we can potentially take against those
who are found guilty of using our services for spam.
Deletion of Accounts
We will delete all private information on cancelled accounts unless obligated by
law to retain the information. We will never sell or give
your private information to any other companies after you have cancelled an
account. We adhere to the Australian Data Retention laws.
We reserve the right to change, modify, add, or remove portions from this policy
at any time. You will be notified only if the change affects
the usage of personal information that was obtained before the policy change.
You accept such changes by continuing to use our services.
We have undertaken reasonable steps to ensure we comply with GDPR regulations. We only collect personally identifiable information that is required by Australian law to provide services to our clients. We adhere to the right to withdraw consent. Clients can access all information we hold about them, and modify that information through our VPSBlocks Portal. We adhere to the right to be forgotten outside of the bounds of the Australian data retention laws which state we must retain some information for a minimum period of 2 years. We do not collect any special category personal information from our clients.
All personal information stored by VPSBlocks is stored securely, with access for website functionality to view and update details by clients. A DPIA (Data Privacy Impact Assessment) has been undertaken by VPSBlocks staff. Click here to access the DPA (Data Processing Addendum). As per the GDPR regulations a breach is the accidental or unlawful destruction, loss, alteration, unauthorised discloser of, or access to, personal data transmitted, stored or otherwise processed. VPSBlocks adheres the GDPR regulations that in the event of any breach it will notify data subjects of any breaches which may cause a risk to data subjects right or freedoms. This does not however extend to breaches to a virtual private server hosted on our network, in which case VPSBlocks is not responsible for the security of the VPS itself or any content within including websites, only our infrastructure which hosts such VPS (for example if your VPS password is poor and a hacker gains access through brute force VPSBlocks is not responsible, we
will however endeavour to alert any customers of any breaches regardless of fault should we become aware of them).