All Terms and Conditions of this Terms of Service (“TOS”), Acceptable Use Policy (“AUP”), Service Level Agreement (“SLA”) & Privacy Policy may be modified at our sole discretion without prior warning. Changes to this TOS does not constitute grounds for early contract termination or non-payment. Please check back regularly for any updates. Use of WebPal Solutions Service constitutes acceptance and agreement to WebPal Solutions AUP as well as WebPal Solutions TOS. From herewith in this TOS, AUP, and SLA, the usage of “us”, “we”, “our”, “ours” shall constitute reference to WebPal Solutions, the usage of “you”, “your”, “they”, “them” shall refer to client / customer of WebPal Solutions.
Please Read Through This
This is a very important part of any hosting agreement and should be read in its entirety before purchasing or using any hosting plan.
In addition, please read the following:
Accounts can be refused and/or discontinued at WebPal Solutions discretion
We are a careful and secure business and we will check your customer input to confirm your information. Any irregularities will be cause for refusal.
No IRC’s, BNC’s, Eggdrops, unauthorised shell programs, illegal or blatantly offensive material or spamming from a site or server – period! No exceptions at any time for any reason. Customers who load (proof of use or public display not required) these programs or materials on any server will be terminated without recourse and billed (including penalties) and further pursued to the fullest extent of the law, including but not limited to lawsuits against the individuals responsible.
Spamming using other resources with links directed back to sites on our servers is involving us in the spamming not unlike using our actual server and can be grounds for termination without recourse.
Support Restrictions
WebPal Solutions will make every effort to support information for configuring popular network/web software to use Internet services. However we can in no way specifically test every piece of software that could conceivably be utilised with our systems, only provide general system-related information. The offer of any particular service does not constitute an obligation on WebPal Solutions part to tutor the necessary skills to utilise that service, only to provide system-specific information.
WebPal Solutions offers support for SSL certificates charged at an hourly rate of $80.00AU/hour. Unfortunately due to time consumption with previous installation and configuration of SSL certificates, we’re unable to offer support for free. So in the interest of simplicity, consistency and most important of all…keeping the tech’s time properly used…this is our policy.
Payments
Accounts will be billed in advance for the period specified during the signup process. No refunds will be processed without “cause”. Accounts are invoiced 24 hours in advance of payment processed. You will be notified by e-mail to the address you signed up with for services of success or failure. If billing fails and we are unable to process payment for over 72 hours we will suspend the service without further notice. If we are still unable to collect 7 days past payment due date we reserve the right to terminate the account and all files on our services without recourse.
WebPal Solutions accepts Credit Card, PayPal and Bank Deposit as payment. Please note any transaction fee’s will not be refunded.
Cancellation Policy
We offer a 14 day money back guarantee for ANY cause on all hosting. Cause is any demonstrated failure on our part to deliver services purchased. If you can provide us with a reason that we failed to provide the services you purchased from us we will be more than happy to give you a refund.
SSL certificates and domain registration fees ARE NOT REFUNDABLE, CANCELLATIONS MUST BE PROVIDED IN WRITING TO US (service@webpal.com.au) 7 DAYS IN ADVANCE OF DISCONTINUATION OF SERVICES. Prorated refunds are not given so be sure that we know your intention to leave within 7 days of billing.
a) What if we sign up for 1 year in advance? Is a refund available, is it full, prorated or percentage-based? See above for specific service policies. When offered, the refund is prorated to the next months billing. If you sign up for a year at $99.00AU and want to leave after 1 month we will refund $90.75AU (11/12′s of the purchase price). Same situation, you sign up for a year at $99.00AU and leave after 45 days you could be eligible for a refund of $82.50AU (10/12′s of the purchase price) since you are already into the second month of service and that has already been accounted for.
Acceptance of Contractual Agreement
- Client agrees that by placing an order either by means of electronic ordering (web order form) and receipt of such order by WebPal Solutions, that you are agreeing to our TOS, AUP, and SLA. No modifications of said contract by customer is allowed.
- WebPal Solutions 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.
- In connection with any Hosting Services, if Customer’s actual bandwidth usage in any month exceeds allotted amount, specified in Customer’s contract, Customer will pay WebPal Solutions any additional fees as specified in the Service Description or have the account suspended effective immediately.
Payment
Establishment of this service is contingent upon receipt of payment from Customer to WebPal Solutions Subsequent payments are due on the anniversary date of the month for that month’s service. Any setup fees will be charged full setup fee pricing, and are applied at time of initial request of such services (if stated).
Payments and Fees
Payment is due on the defined recurring billing date of each month. Service will be interrupted (suspended) on accounts that reach 7 days past due date and subject to immediate termination. Service interrupted for non-payment is subject to a setup fee of $19.95 for that service for reconnection unless specified otherwise. If payment is not collected 14 days after due date, account will be subject to a late fee of $25.00. Accounts that are not collectable by WebPal Solutions will be turned over to an outside agency for collection. If your account is turned over for collection, you agree to pay the agency the required fee.
All CANCELLATIONS MUST BE PROVIDED IN WRITING TO WEBPAL SOLUTIONS (service@webpal.com.au) 7 DAYS IN ADVANCE OF DISCONTINUATION OF SERVICES. Prorated refunds are not given so be sure that we know your intention to leave within 7 days of billing.
Refunds and Disputes
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 chargeback’s, in WebPal Solutions 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.
Litigation and Legal Action
WebPal Solutions is incorporated in the State of Victoria, Australia and as such, regardless of the place of agreement, the client agrees that for purposes of venue and jurisdiction the understanding regarding services was entered into and performed in Melbourne, Australia, and any dispute will be litigated or arbitrated in Melbourne. Customer further waives all objections to venue or jurisdiction and acknowledges that venue and jurisdiction in any such litigation will be held in a court that WebPal Solutions determines.
This online merchant is located in Australia.
Update of TOS
We reserve the right, in our sole discretion, to change this TOS from time to time and you agree it is your responsibility to regularly review any changes made.
Last Updated 11/03/2015