By purchasing any hosting or additional service or product from Asporea Consulting Limited. (Asporea), you (The Customer) are entering into an agreement with Asporea that is bound by the Terms of Service (“TOS”) outlined in this document. This Agreement shall be construed in all respects in accordance with the laws of Hong Kong S.A.R. applicable to contracts enforceable in that jurisdiction. By completing the ordering process, you agree to have read, understood, and be bound by these Terms of Service.
1.1 Hosting service – Any shared, reseller, virtual, or dedicated service used to store and deliver web-based content.
1.2 Additional services – Any product or service that is considered an “addon” to a primary hosting service, or which covers one-off charges for additional work carried out by a Asporea staff member.
1.3 Resource usage – Any and all allocated resources provided to the customer to allow for the storage and delivery of the web-based content within a hosting service. This includes but is not limited to disk space, Memory, CPU, Bandwidth
1.4 Subscription – The term (monthly, quarterly, semi-annually, annually, biennially, triennially) applicable to the purchased service.
1.5 Asporea Control Panel – An account management interface for managing the billing aspects of hosting or additional services purchased including invoices, contact information, and domain registrations.
2.1 Payment – Establishment of any hosting or additional service is dependent upon receipt by Asporea of payment of stated charges as outlined on the Asporea website or any other documentation or custom quote provided to The Customer. Subsequent payments are due on the anniversary date of the subscription term in advance for the following subscription term’s service. All service fees are disclosed within a product description or will be disclosed to the customer prior to payment being required for any custom quotations or services ordered via phone. Some services (e.g. PAYG) are billed monthly in arrears and payments are calculated based off the usage for the Service within the month.
2.2 Setup Fee – The Customer agrees to pay in advance and in full any amount of a non-recurring nature required for the initial deployment of the purchased hosting service. Any such fees are listed as setup fees in the service description or will be disclosed in any custom quotations prior to any server provisioning, equipment acquisition or installation by Asporea.
2.3 Recurring fee – All subscriptions for hosting services provided by Asporea are recurring by nature and the Customer agrees to pay any recurring fees listed in the Service description in advance each anniversary date until such time as The Customer submits a cancellation request in accordance with these Terms of Service.
2.4 Non-Refundable Fees – Certain fees paid to Asporea are considered non-refundable due to the nature of the product or service purchased and this includes but is not limited to the following:
2.4.1 Third Party Products – Products supplied by Asporea where Asporea acts as a reseller for another provider (e.g. domain registrations, SSL certificates, third party product licenses) are provided as non-refundable products and refunds cannot be provided once the product has been activated on an account.
2.4.2 Advanced Administration Time – Services where additional labour is to be carried out by Asporea staff are non-refundable once the additional labour has been carried out.
2.5 Additional Resource Usage fees – Should a Customer exceed the total amount of included hosting resource utilization as described in Service Definitions the customer agrees that overage fees will apply and be due immediately. Current pricing for additional resource utilisation will be located on http://www.Asporea.com.au on the relevant product page.
2.6 Invoices and Statements – invoices are provided to The Customer by email using the contact email address assigned to the Customer or any additional billing contacts within the Asporea billing system. Invoices cannot be sent via postal mail or any other courier style service.
2.7 Statements – Asporea does not provide written or printed statements. However, an account’s invoice history is always available for viewing by The Customer within the Asporea Control Panel.
2.8 Failure to Pay – Asporea may temporarily deny service or terminate this Agreement upon the failure of The Customer to pay a subscriptions applicable recurring fees where the fees reach 28 days past due. Such termination or denial will not relieve The Customer of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees. Accounts that are not collectable by Asporea may be turned over to an outside collection agency for collection which may result in additional fees or fines being payable.
3. REFUNDS, DISPUTES AND CANCELLATIONS
3.1 Money Back Guarantee – Asporea provides a 30-day Money Back guarantee for shared or reseller hosting services and a 10-Day Money Back Guarantee for Dedicated, VPS, or Cloud hosting service ordered under a subscription period of monthly or greater.
3.2 Refunds – All payments to Asporea are non-refundable, except where the money back period is applicable and the refund request is made within 30 days of the service signup date for shared hosting. If you have a VPS or Dedicated Server the refund request must be made within 10 days of the service signup date. One time setup and additional fees are non-refundable except where an ordered hosting or additional service cannot be provided by Asporea. Where an ordered service cannot be provided but an alternative service is provided in its place, all applicable one-time setup fees will remain payable. Refunds are not provided automatically and must be requested by the customer within 30 days of requesting cancellation. Refunds are provided at our sole discretion.
3.3 Disputes – All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in Asporea’s sole discretion is deemed a valid charge under the provisions of these Terms of Service, you agree to pay Asporea an “Administrative Fee” of not less than $50 and not more than $150
3.4 Service Cancellation by The Customer – Asporea provides an ongoing recurring service which will remain active until such time as The Customer submits a cancellation request by completing the online cancellation form available within their Asporea Control Panel. Requests for canceling accounts must be submitted 2 business days prior to the next due date to ensure no further fees are payable. Instructions on locating and using the cancellation request form can be found here.
3.4.1 No Cancellation Fee – Asporea does not charge a cancellation fee and does not refund prepaid fees except where the Money Back Guarantee is applicable.
3.4.2 No Access to Account – If The Customer wishes to cancel a service and is unable to access the Asporea Control Panel for any reason, The Customer must make contact with Asporea via phone or support ticket to obtain necessary login information or instructions to proceed with the cancellation request.
3.4.3 Customer Data – Upon successful cancellation of a hosting service, all data stored within the cancelled service will be securely destroyed. Asporea does not provide any guarantees that The Customer’s data will be retrievable once the cancellation process has been completed.
3.5 Service Cancellation by Asporea – Asporea may cancel The Customer’s hosting service for any breach of these Terms of Service or the AUP without prior notification. Asporea does not provide any guarantees that The Customer’s data will be retrievable once the cancellation process has been completed.
4. ACCOUNT OWNERSHIP
4.1 Account Owner – The highest authority of a single Asporea Control Panel Account is considered the Account Owner. Individual hosting or additional services that are associated with an account, are controlled by the Account Owner and modifications and updates to an account’s information can only be actioned by the Account Owner or their Authorised Additional Contact. The Account Owner is established at the time the account is created. The details of an Account Owner must be that of a real person. It is not permitted to use fictitious or “fake” names for the details of an Account Owner. Accounts containing fictitious or “fake” names, and contact details that do not reflect the details of a real person may be suspended or terminated without notice. Additionally, Asporea uses security pins to identify and verify customers. Keep your pin safe and secure – anyone with your security pin has full access and authority to perform any action on your account.
4.2. Account Information – The Customer warrants that all information provided to Asporea is truthful and correct and accurate and up to date and that the person designated as
the Account Owner is of or above 18 years of age and is legally empowered to act and enter into this contract as The Customer or on behalf of The Customer as indicated on the relevant application form.
4.2.1 Maintaining Account Information – The Customer is responsible for maintaining the contact information stored within their account and failure to maintain up to date contact information does not warrant the waiving of any fees, overdue fees, or warnings issued by Asporea.
4.3 Authorised Additional Contact – The Account Owner may add and authorise an additional contact person or persons to act on their behalf. The Account Owner is limited to adding one additional billing contact and a maximum of three additional technical contacts and accounts found to have more than the allowed maximum additional contacts will be requested to remove the excess to ensure adherence to the limits.
For any additional contact added to an account to be able to request account modifications, the Authorised Additional Contact must be configured as a sub-contact with their own login information and have appropriate permissions set. If the Authorised Additional Contact is not activated as a sub-account, the contact will only have limited permissions to support for a service and will not be able to request configuration changes to the hosting or DNS.
4.4 Account Transfer – The Account Owner role can be transferred to another Authorised Additional Contact or Asporea Customer by contacting our billing support team to obtain the appropriate steps. To contact billing support via the ticket system, please click here.
4.5 Account Closure – An account will be automatically deactivated when no active hosting or additional services are being operated under the account.
5. DOMAIN REGISTRATIONS, TRANSFERS AND RENEWALS
5.1 Domain Registrations – successful domain registrations that have completed the registration process and are considered active by the Domain Registrar are final and cannot be cancelled or refunded. Some domain extensions may require additional information to complete the registration and Asporea provides no guarantees that an ordered domain registration will be successful. It is The Customer’s sole responsibility to ascertain what information is required to register a particular domain prior to placing any domain registration orders.
5.2 Domain Transfers – Domain transfers typically take 5-7 days to complete once final authorisation has been received by the Domain Registrar, with the exception of .au
domains which take 48 hours once final authorisation has been actioned. Asporea has no authority to speed up a domain transfer and cannot place any guarantees on how long a transfer will take to complete. The Customer must ensure all contact information is updated with current Domain Registrar and the appropriated transfer codes have been obtained prior to placing a domain transfer order with Asporea.
5.3 Domain Renewal – Domains must be renewed prior to their expiration date to avoid the domain becoming inactive. Multiple notifications are sent to The Customer advising them of upcoming domain renewals starting from 60 days prior to the listed expiry date. Asporea has no control over keeping the domain active once it has reached its expiry and does not take responsibility for a website becoming inaccessible due to The Customer not renewing their domain.
6. GENERAL TERMS AND SUPPORT BOUNDARIES
6.1 Support Boundaries – Asporea provides technical support to its direct customers only and does so in accordance within defined support boundaries. Asporea’s support is designed to assist customers with the use of and connections to the hosting service and does not extend to diagnosing or fixing issues that relate to the coding of a website or web application hosted within The Customer hosting service. Full details of Asporea’s support boundaries are provided in the following documents:
6.1.1 Support to Customers of The Customer – Asporea does not provide direct technical support to customers of The Customer. Resellers, Affiliates, Dedicated and VPS customers, and customers who have multiple individual hosting accounts under a single Asporea Control Panel account must not advise their customers to contact Asporea directly and should instead contact Asporea on their customer’s behalf. Asporea is happy to assist with all support issues that fall within the scope of our support boundaries when contacted by The Customer.
6.2 Advanced Support – Where Asporea can and agrees to provide advanced support to The Customer, additional service fees are required for the provision of the advanced support. Fees for advanced support are payable in advance based on the time estimated by Asporea for the additional task to be carried out. Asporea provides no guarantees that an issue or task will be resolved within the estimated time, and if further time is required, additional advanced support time will need to be paid for prior to any further labour being carried out.
6.3 Responsibility for Content and Account Activity – The Customer is solely responsible for the content stored on and served by the hosting service purchased and the activity of any scripts or email services created under the hosting service. The Customer must maintain the security of all account passwords and applications or scripts and ensure all scripts under the hosting service are free from malicious content that may harm any part of the Asporea infrastructure, other client accounts hosted by Asporea, or the external systems of visitors viewing the hosted content.
6.3.1 Acceptable Usage – The Customer must ensure at all times they comply with Asporea’s Acceptable Use Policy (AUP) and must not host any content or allow any account activity that breaches the AUP. Breaches to the AUP are governed by the following conditions:
220.127.116.11 First violation – When Asporea determines a hosting service has violated any element of the AUP, The Customer shall receive an email warning advising of the violation. The hosting service may at Asporea’s discretion be subject to a temporary suspension until the customer to agrees to cease any violations, at which point Asporea will unsuspend the service.
18.104.22.168 Second Violation – When Asporea determines a hosting service has committed a second violation of any element of the AUP, the hosting service shall be subject to immediate suspension or termination without further notice.
22.214.171.124 Suspension of Service or Cancellation – Asporea reserves the right to suspend access to The Customer’s hosting service if in the judgment of Asporea The Customer’s service is the source or target of the violation of any of the terms of the AUP or these terms of service. If inappropriate activity is detected, all accounts of The Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured and in extreme cases, law enforcement will be contacted regarding the activity. The Customer will not be credited for the time the hosting service is suspended.
6.3.2 Web applications – The Customer must ensure all web applications utilised on the hosting service are kept secure, patched and up to date. Open source applications are vulnerable to attacks via exploits in the software, and the developer’s of the software generally provide updates when vulnerabilities have been detected. It is The Customer’s responsibility to install any and all updates/patches to maintain the application’s security. If The Customer does not have the required skill to perform the updates, The Customer will need to employ the services of a Web Developer who is able to assist.
6.3.3 Maintaining Compatibility – The nature of shared hosting environments and server applications such as Apache, PHP and MySQL is that they are constantly being updated to maintain stability, performance and security. Keeping web based applications patched and up to date ensures both a secure website and data, and is also essential to maintain compatibility with changes in server applications. Asporea incrementally updates all server applications on a regular basis and it is the responsibility of The Customer to maintain installed web applications to ensure compatibility with the latest stable and supported releases of all server applications.
6.4 Resource Usage – All hosting services purchased have a variety of resource limitations applied in accordance to the applicable plan associated with the service. It is The Customer’s responsibility to ensure their hosting service does not exceed the resources allocated and to upgrade their service if it is determined more resources are required to continue the smooth operation of a hosting service.
6.4.1 Resource Usage Abuse (excludes Dedicated Server Customers) – Asporea implements per account resource restrictions on all Shared, Reseller and VPS hosting services which will vary from plan to plan. In addition to these, customers must not:
6.4.2 Inodes – Every file hosted on Asporea servers uses 1 inode and accounts considered to be using an excessive number of inodes on shared or reseller servers will be required to upgrade their hosting service or remove some of the files from their hosting service. For shared and reseller hosting services an inode count of 250,000 or more is considered excessive and is generally the result of issues within a web application or a web application configuration that is not appropriate for a shared hosting environment. We recommend maintaining less than 100,000 inodes per account for optimal performance. For VPS hosting an inode count of 4,000,000 or more is considered excessive.
6.4.3 Bandwidth / Data Transfer Monitoring – Bandwidth / Data Transfer is monitored in a variety of ways across our range of services as outlined below:
6.4.4 Bandwidth Abuse – Asporea reserves the right to shape, suspend, or terminate the service of any customer that is causing issues or performance problems for other customers on the Asporea network. Asporea reserves the right in a situation where a customer’s traffic is causing unviable costs to its business to either charge the customer at a rate that is viable (change plan/rate) or suspend/terminate the service.
6.5 Gaming Servers – Asporea does not allow gaming servers on any part of our network. Services that are found to be in breach of this clause face immediate suspension without prior notification.
6.6 Media Streaming – Asporea does not allow media streaming on Web Hosting, Reseller Hosting, Blaze or VPS plans. Customers wishing to deliver media-streaming services should use Dedicated Server Plans. Services that are found to be in breach of this clause face immediate suspension without prior notification.
7. THIRD PARTY TOOLS, APPLICATIONS AND LICENSES
7.1 Third Party Applications and Licenses – Asporea may provide access to additional third party software and/or services (“Third Party Products “) through reseller or other
commercial agreements Asporea has established with certain vendors (“Third Party Vendors”). Unless otherwise stated, The Customer understands that product support for Third Party Products is provided by Asporea and not by the Third Party Vendor. Neither Asporea nor any Third Party Vendor makes any representations or warranties, express or implied, regarding any Third Party Products. The Customer expressly acknowledges and agrees that use of Third Party Products is at The Customer’s sole risk and such third party products are provided “as is” and without representation or warranty of any kind from Asporea or any Third Party Vendor, including without limitation, any implied warranty of merchantability, fitness for a particular purpose, accuracy or completeness of responses or results, correspondence to description, or non-infringement of third party rights. To the maximum extent permitted by applicable law, neither Asporea nor any third party vendor will be legally responsible for any damages, whether direct, indirect, or consequential, arising from the use or inability to use any third party product. The Customer agrees to observe the terms of any license and/or applicable end user subscriber agreement for Third Party Products and The Customer shall be fully liable to Third Party Vendors and/or Asporea with respect to any improper use of such Third Party Products or violation of license agreements with them and/or applicable end user subscriber agreements.
7.2 Microsoft Licensing – Where licensing for Microsoft software has been purchased through Asporea, the customer agrees to abide by the Microsoft Licensing terms, and were user licenses are being purchased, it is the customer’s responsibility to ensure they accurately report and obtain the appropriate level of user licenses for their uses as outlined in Microsoft’s licensing terms.
7.3 Feature Availability – Asporea provides no guarantees that any or all of the features available within a Third Party Product will be supported or made available to The Customer. It is at the sole discretion of Asporea to determine which features are enabled and whether Asporea will provide support for the use of enabled features.
8. ADDITIONAL LEGAL INFORMATION
8.1 Disclosure to Law Enforcement – Asporea’s AUP specifically prohibits the use of our service for illegal activities and The Customer agrees that Asporea may disclose any and all customer information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to The Customer. Asporea reserves the right to immediately terminate any hosting service found to be hosting content and performing activities of an illegal nature.
8.2 System and Network Security – Users are prohibited from violating or attempting to violate the security of the Asporea Network. Violations of system or network security may result in civil or criminal liability. Asporea will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include without limitation:
8.3 Disclaimer – Whilst every effort is made to ensure the information provided on the Asporea website and by Asporea staff is accurate and free from errors, Asporea provides no warranties, either express or implied, including but not limited to the service’s fitness for a particular purpose, except where to not offer any such warranties would be deemed unlawful as defined by the Trade Practices Act 1974(Cth).
8.4 Limitation of Liability – Asporea provides no guarantees that any hosting or additional service provided will be free from errors or interruptions. Asporea will not accept liability for any costs or losses incurred by The Customer that result from:
8.5 Indemnification – The customer agrees to indemnify Asporea from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against Asporea, that may arise or result from the use of any product or service Asporea provides.
8.6 Modification to these Terms – Asporea reserves the right, at any time and from time to time, to amend or to modify these Terms of Service without prior notice to you, provided that if any such alterations constitute a material change to these Terms of Service, Asporea will notify you by posting an announcement on the Website. Amendments and modifications shall take effect immediately when posted on the Website. By continuing to access or use the Services after any such amendments or modifications, you agree to be bound by such amended or modified Terms of Service. For this reason, we encourage you to review the Terms of Service whenever you use the Services. If you do not agree to any change to these Terms of Services, then you must immediately stop using the Services.
9. MANAGED GOOGLE APPS
Contingent on your acceptance of these Terms of Service and the purchase of a related Asporea Managed Google Apps for Work Product, Asporea agrees to provide you with the Services and Support described herein.
9.1.1 Activation – Asporea will help you (i) create your customer domain; (ii) verify your ownership of the domain; (iii) provision your end user accounts on your customer domain; and (iv) activate your end user accounts.
9.1.2 Deployment – Asporea will help you gather and document your requirements for the migration of your email from your existing platform to Google Apps.
126.96.36.199 Migration – If you require migration assistance, you represent and warrant that you have the right to migrate email in the manner requested and are authorised to allow Asporea access to your email as required to perform the requested services. You agree that if we, our affiliates, or any of our or their respective employees, agents, or suppliers is faced with a legal claim by a third party alleging facts that constitute a breach of your representation and warranty in this Subsection, then you will pay the cost of defending the claim (including reasonable attorney fees) and any damages award, fine or other amount imposed on Asporea as a result of the claim.
9.1.3 Configuration – Asporea will help you set-up your email, calendar, contacts, Google Drive Storage, and Google Vault (if purchased) Asporea may provide additional services related to the configuration of these applications as available.
188.8.131.52 Google Drive Storage – You will receive access to the Google Drive Storage after completing the setup, provisioning and activation processes for the Services. Access to additional Google Drive Storage may be subject to additional fees and may require additional time for provisioning. If your account has fewer than five (5) end users, then each end user will only receive one (1) terabyte of storage.
184.108.40.206 Google Vault – If you use Google Apps Vault, you agree that we have no obligation to retain any archived data beyond the retention period specified by you. If you do not renew your Agreement for Google Apps Vault, we have no obligation to retain any archived data following expiration of your Agreement. You represent and warrant that you will not order Google Apps Vault from Asporea if (i) you are an existing customer of Google Apps for Work, Google Drive Storage, or Google Apps Vault; (ii) you are an existing customer of Google Apps for Government; or (iii) you are an existing customer of any edition of Google Apps other than Google Apps for Work.
9.2.1 Asporea will provide a dedicated team for You to contact with any support requests related to the Services, and Asporea may also escalate support issues to Google on your behalf as needed. You shall submit all Support issues directly to Asporea via our available support channels with the contact information provided to you during the online signup process.
9.2.2 Alternatively, you may elect to submit certain support requests directly to Google, and Google will provide technical support services in accordance with the Google TOS; provided, however, that you may only submit Support requests to Google on the topics detailed in their Technical Support Services Guidelines. All other requests shall be directed to Asporea. However, we do not make any service level guarantees regarding support requests you submit directly to Google.
9.3 Your Obligations
You must sign-up for the Services on the Asporea website, and Asporea will not provide Services or Support for accounts obtained directly from Google. You must give Asporea access to the Google Apps administrative console for your account in order for Asporea to provide the Services as well as any increased level of access that may be required on specific Support requests. If you fail to provide Asporea access to the Google Apps administrative console or attempt to restrict access we will be unable to provide you with support. You must use reasonable security precautions in connection with your use of the Services, including, but not limited to, encrypting any personally identifiable information transmitted to or from, or stored on the Services or storage devices you use. You must comply with the laws applicable to your use of the Services and with our Terms & Conditions.
9.4 Support for Google Apps for Work
9.4.1 General – You acknowledge that Asporea Managed Google Apps for Work includes Google Apps for Work and Asporea Services. Following your acceptance of these Terms of Service, you will be presented with the Google Terms of Service separately upon the initial log-in to the Google Apps administrative console (“Google TOS”). You have 21 days to accept Google’s Terms of Service before your account, and all associated data, will be terminated. You may not use the Services if you do not accept the Google TOS and these Terms of Service.
9.4.2 Restrictions – You may not resell, distribute, lease or allow another third party to use the Services. You may not engage in illegal or deceptive trade practices. If you engage in illegal or deceptive trade practices, Asporea or Google may directly terminate your Services immediately without notice to you.
9.5 Access to Web Hosting only products /services
9.5.1 You acknowledge that access to any Web Hosting only services to complement your Asporea Managed Google Apps for Work is contingent on the following terms.
220.127.116.11 Access to any Web Hosting only products requires you to have an active Managed Google Apps service with us. We will advise you, prior to purchase, should a product fall within these terms.
18.104.22.168 Should you decide to terminate your Managed Google Apps service and still have active, Web Hosting only services with us you authorise us to automatically upgrade your impacted services to our standard Web-Hosting product and associated pricing as disclosed on our website.
22.214.171.124 You will not try to circumvent email restrictions placed on the lower cost services.
9.6 Billing & Payments
Section 5 of our Terms of Service takes precedence however, the following billing and payment terms are applicable to the Asporea Managed Google Apps for Work Product.
9.6.1 We only accept credit card as a valid form of payment.
9.6.2 We do not provide pro-rata refunds to for unused service within the month. (e.g. If you utilise the Service for 50% of the month you will be charged a non-refundable amount for the full month).