Terms of Service
This Terms of Service Agreement is a binding agreement between the customer and Snowtech Services ("the Company"). By submitting the online order form, the customer agrees to the following:
PERIOD OF AGREEMENT
This agreement is in effect on a periodic basis and renewable on the anniversary of such period unless canceled earlier according to the terms of this agreement.
SERVICE TERM AND FEES
The customer agrees to be bound by the service term selected on the online order form or via applicable promotional codes. All setup fees are non-refundable, as are service fees unless covered by the 30-day money-back guarantee. Customers are not entitled to any refunds, pro-rated or otherwise in the event of early termination or downgrade of this agreement by the customer or the Company according to the terms herein.
PAYMENT TERMS
The customer agrees to pay for all services in advance of each payment term on or before the billing date specified in the invoice received from the Company. Clients on monthly payment plans are required to set up an automatic payment facility to arrive in our account on or before the due date each month. The options available are by Direct Deposit (client initiated), PayPal or automated Credit Card charging through our billing system. In the case of any PAYG products and services, the client must enter valid credit card details in our system and accept they will be auto charged for all fees accumulated in the provision of their server during a given month, at the end of that calendar month.
RESPONSIBILITY FOR PAYMENT
Responsibility for payments being received by Snowtech Services on or before the due date of all invoices lies entirely with the client. Any account where payment has not been received by the due date may be subject to suspension, and a re-activation charge may apply. Notice is required at least 7 days before the invoice due date to change your payment frequency (e.g annually to monthly / monthly to annually).
LATE PAYMENTS
All payments must be received and in the account of Snowtech Services on or before the due date. Should payment not be received by this date, the service may be automatically suspended without further notice and will incur a $25 late fee. Once an invoice falls 7 days past due, it will be forwarded to a debt collection agency, and the customer is liable for any resulting fees from this action.
DOMAIN NAME REGISTRATIONS
Domain name registrations - refunds will only be given if cancellation is made immediately, and it is possible for us to reverse the transaction with our provider and obtain a refund of the payment and cancel the registration (does not apply to domain renewals they are non-refundable).
SEARCH ENGINE FOR DOMAIN NAME AVAILABILITY
Snowtech Services provides a search engine for domain name availability via the Snowtech Services site, and free of charge. This search engine is provided for informational purposes only. The data retrieved and displayed by this search engine is of an informational nature only and shall not entail any obligation, duty, or liability on the part of Snowtech Services, including with regard to any use that may be made of such data or the accuracy of such data.
DEDICATED SERVER RENTAL CHARGES
Dedicated Server rental charges will be incurred immediately at signup, but the first rental period will not commence until the client is provided access to the server.
WEB DESIGN
A minimum of a 50% deposit is required in advance of any work being commenced. The commissioned work will not be made 'live' until such time as all outstanding invoices are paid and received by Snowtech Services. All work will remain the property of Snowtech Services until such time as payment is received in full, and the work is released.
CANCELLATIONS
Cancellation of any and all products and services must be submitted through the client billing and support area at https://www.snowtech.com.au/clientarea.php. Failure to do so will require payment of any and all outstanding invoices before notice of cancellation will be accepted. With the exception of Dedicated Servers for which the period is 30 days, notification of cancellation at least 7 days prior to the next invoice date is required.
Note communication of intent to cancel by any other medium will not be accepted in order to protect the integrity of your account.
Domain Name Cancellations must be done prior to renewal via the client area and are done so by way of Disabling Auto Renew for the domain.
In the event of a refund being claimed under the 30-day money-back guarantee if a free domain name was obtained as part of the sign-up, the cost of that will be deducted from the amount of the refund at the going rate on the Snowtech Services site. Any payment for a domain name will not be refunded unless it is possible for Snowtech Services to cancel the registration through the registrar and obtain a refund.
Snowtech Services is not responsible for data integrity on equipment reclaimed for non-payment.
ACCEPTABLE USE POLICY
Customer agrees to adhere to Snowtech Services Acceptable Use Policy, as amended from time to time by the company.
Customer agrees to adhere to Snowtech Services Data Centre Rules and Procedures.
Snowtech Services reserves the right to terminate service immediately to any subscriber it deems, in its sole discretion, violates any condition of service including the Acceptable Use Policy, Data Centre Rules and Procedures, and Terms of Services. In the event of such a cancellation, no refunds will be issued.
ADDITIONALLY
In consideration for services to be delivered, Customer agrees to be bound to the following:
- Customer represents and warrants to Snowtech Services that Customer is at least eighteen (18) years of age or has obtained the consent of a parent or guardian.
- Customer agrees to keep confidential any password or other identification required to access Snowtech Services' network and services.
- Customer agrees to provide accurate, current and complete information about Customer as may be required to provide services, and to maintain and update this information as needed.
- Customer agrees not to use Snowtech Services' services for any illegal, fraudulent or unauthorized purpose.
- Customer agrees not to interfere with or disrupt the network, servers or services operated by Snowtech Services.
- Customer agrees to comply with all applicable laws, rules and regulations in connection with its use of Snowtech Services' services.
- Customer agrees to indemnify, defend and hold harmless Snowtech Services from any and all claims, damages, expenses, or other losses, including reasonable attorneys' fees, arising out of or in connection with Customer's use of Snowtech Services' services or Customer's breach of these Terms of Service.
MODIFICATIONS
Snowtech Services reserves the right to modify or amend these Terms of Service at any time and without notice to Customer. Customers are encouraged to review these Terms of Service periodically to ensure they remain in compliance. By continuing to use Snowtech Services' services, Customer agrees to be bound by any and all modifications or amendments to these Terms of Service.
TERMINATION
Either party may terminate this agreement at any time with or without cause by providing written notice to the other party. Upon termination, the customer's access to and use of the Company's services will cease immediately. The Company shall not be liable to the customer or any third party for any damages resulting from the termination of this agreement.
ASSIGNMENT
The customer may not assign or transfer this agreement without the prior written consent of the Company. The Company may assign or transfer this agreement without the customer's consent to any third party in connection with a merger, acquisition, or sale of all or substantially all of its assets.
SURVIVAL
The provisions of the following sections shall survive any termination or expiration of this agreement: Intellectual Property, Confidentiality, Limitation of Liability, Indemnification, Governing Law, Miscellaneous, and Contact Information.
AMMENDMENTS
The Company reserves the right to modify or amend this agreement at any time without notice. The customer's continued use of the Company's services after any such modification or amendment shall be deemed as acceptance of the modified or amended agreement.
ENTIRE AGREEMENT
This agreement constitutes the entire agreement between the parties and supersedes all prior agreements, understandings, and negotiations, whether written or oral.
GOVERNING LAW
These Terms of Service shall be governed by and construed in accordance with the laws of the State of Victoria, Australia. Any legal action or proceeding arising under these Terms of Service shall be brought exclusively in courts located in the State of Victoria, and Customer hereby consents to the jurisdiction of such courts.
CONTACT INFORMATION
Customers can contact the Company's support team via email at support@snowtech.com.au or through the Client Area at https://www.snowtech.com.au/clientarea.php