IMPORTANT NOTICE: *All payments made to Servstra Pty Ltd, are Non-Refundable*
Servstra Pty Ltd (also referred to as 'the Company' and 'Servstra' in the proceeding text) agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service). Use of Servstra Pty Ltd Service constitutes acceptance and agreement to Servstra Pty Ltd's AUP as well as Servstra Pty Ltd's TOS policy (Terms of Service).
1. Disclosure
Our Acceptable Use Policy, which is hereby incorporated by reference, specifically prohibits the use of our service(s) for illegal activities. Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, correspondence between the Company and the subscriber, and any other information related to the subscriber, the account, or any past or current services. to any law enforcement agency who makes a written request without further consent or notification to the Subscriber. In addition Servstra Pty Ltd shall have the right to terminate all service set forth in this Agreement if, in the sole discretion of Servstra Pty Ltd, the account and/or services were used in any manner which is illegal or otherwise violates these Terms of Service, our AUP, or any other company policy. If an account is terminated in accordance with this section, no refunds shall be issued and all amounts prepaid forfeited.
2. Service Rates:
Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers. All pricing is in US dollars (USD$). 10% GST is applicable for all Australian based orders.
2a. Bandwidth Overages:
Bandwidth Overages: All Servstra bandwidth overages are billed at $5 per TB for metered dedicated server customers. For cloud server customers, Servstra bandwidth overages are billed at $0.04 per GB in North American and European locations. Due to higher regional costs, Singapore and Tokyo (Japan) overage is priced at $0.08 per GB and Sydney (Australia) overage is priced at $0.13 per GB.
3. Payment:
Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month's service. Subscriber agrees that The Company automatically charges subscriber's credit card every month. Servstra Pty Ltd reserves the right to process client credit cards from 1 to 5 days before the actual due date to ensure that the funds are received by the due date.
4. Payments & Fees:
Credit cards that are declined for any reason are subject to a $1.00 declination fee. Service will be interrupted on accounts that reach 2 days past due. Service interrupted for nonpayment is subject to a $50 reconnect charge. Accounts that are not collectable by Servstra Pty Ltd may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a "Processing and Collection" Fee of not less than $50 nor more than $150. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this Terms of Service.
5. Refund & Disputes:
All payments to Servstra Pty Ltd, are nonrefundable. This includes any one time setup fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 30 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in Servstra Pty Ltd's sole discretion is a valid charge under the provisions of the TOS and /or AUP, you agree to pay Servstra Pty Ltd an "Administrative Fee" of not less than $50 and not more than $150.
6. Failure to Pay:
The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
7. Account Cancellation
All requests for canceling accounts must be made via opening a ticket with our Accounts department at https://my.servstra.com with at least 7 days before the next invoice due date. If you fail to provide notice 7 days before the end of your billing period you agree to be billed for 1 more month. You must have all account information to cancel and accounts must be paid in full before the cancellation will be considered complete.
8. Service Disruptions:
Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons. Therefore, subscriber agrees that the company shall not be liable for any damages. In no event shall the company be liable for any special or consequential damages, loss, or injury.
9. Support Boundaries
Servstra Pty Ltd provides 24/7 technical support to our subscribers. Servstra only ensures that the server is online and is remotely accessible. Servstra Pty Ltd does not offer tech support for application specific issues such as cgi programming, html or any other such issue. Servstra Pty Ltd does not provide technical support for YOUR customers.
10. SPAM and Unsolicited Commercial Email (UCE)
Servstra Pty Ltd takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM (of any kind) over our network. Very simply this means that customers of Servstra Pty Ltd may not use or permit others to use our network to transact in UCE. Customers of Servstra Pty Ltd may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.
Violation of Servstra Pty Ltd's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Servstra Pty Ltd will initiate an immediate investigation (within 48 hours of notification). During the investigation, Servstra Pty Ltd may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Servstra Pty Ltd may, at its sole discretion, restrict, suspend or terminate customer's account. Further, Servstra Pty Ltd reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Servstra Pty Ltd will notify law enforcement officials if the violation is believed to be a criminal offense.
First violations of this policy may result in an "Administrative Fee" of $250 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $500 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $175 per hour that Servstra Pty Ltd personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.
As our Customers are ultimately responsible for the actions of their clients over the Servstra Pty Ltd network, it is advisable that Customers develop a similar, or stricter, policy for their clients.
We permit the sending legal, CAN-SPAM act compliant e-mail from one IP address per server or VLAN without additional charge. Additional charges apply whenever mail will be sent from multiple IP addresses or if any of the IPs are being used in connection with bulk e-mail, such as hosting sites which are referenced (via hyperlink or otherwise) in bulk messages. All IP addresses that will be used on a server or VLAN that is used for or in connection with the sending of e-mail are billed at a rate of $4.00 per IP address per month. This rate applies to all IP addresses associated with the server or VLAN from which the e-mail is being sent, including those addresses which aren't being used for or in connection with the sending of e-mail. Any customer found to have used multiple IP addresses on one server or VLAN for the sending of e-mail will, at the sole discretion of Servstra Pty Ltd, be charged $4.00 per IP address retroactively from when the IP assignment was made. Servstra Pty Ltd requires that all clients maintain opt-in information for all subscribers including the date, time, and source that each e-mail was added to the mailing database. This information must be retained for not less than 90 days and must be supplied to Servstra Pty Ltd upon request. The opt-in information may be forwarded to any complainant alleging that they have received SPAM e-mail messages.
Important Notice
Anyone hosting websites or services on their server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their server immediately removed from our network. The server will not be reconnected until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the server from our network without notice to the customer. Any server guilty of a second violation WILL be immediately and permanently removed from our network without notice without refund.
11. Network:
11a. IP Address Ownership
IP Address Ownership: If Servstra Pty Ltd assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to Servstra Pty Ltd, and Customer shall have no right to use that Internet Protocol address except as permitted by Servstra Pty Ltd in its sole discretion in connection with the Services, during the term of this Agreement. Servstra Pty Ltd shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by Servstra Pty Ltd, and Servstra Pty Ltd reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion, at any time and without any advanced notice. Our allocation of IP addresses is limited by ARIN's new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting. All IPs that are allocated to client must be utilized within 48 hours. If allocated IPs are not utilized within this time frame The Company reserves the right to retract IPs that are not being utilized without notifying the client.
11b. Bandwidth Usage:
Servstra Pty Ltd will monitor Customer's bandwidth. Servstra Pty Ltd shall have the right to take corrective action if Customer's usage negatively impacts other clients.
11c. System and Network Security:
Users are prohibited from violating or attempting to violate the security of the Servstra Pty Ltd Network. Violations of system or network security may result in civil or criminal liability. Servstra Pty Ltd 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.
* Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
* Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
* Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".
* Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
* Taking any action in order to obtain services or access to which such User is not entitled.
Using any method to change, mask, hide, or otherwise obscure the source of any IP packet, including but not limited to the use of "spoofing" techniques, open relays or proxies, or the use of any inaccurate or unauthorized information or domain name, including TLD, in a PTR or other reverse DNS record that provides for IP to name resolution, including records hosted on Servstra Pty Ltd DNS servers or any other server to which IP to name resolution authority is delegated or otherwise assigned.
Notification of Violation
Servstra Pty Ltd is under no duty to look at each customer's or user's activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities.
First violation: Any User, which Servstra Pty Ltd determines to have violated any element of this Acceptable Use Policy, shall receive an email, warning them of the violation. The service may be subject at Servstra Pty Ltd's discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations.
Second Violation: Users that Servstra Pty Ltd determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.
We reserve the right, to drop the section of IP space involved in Spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer's network, or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.
13. Suspension of Service or Cancellation
Servstra Pty Ltd reserves the right to suspend network access to any customer if in the judgment of the Servstra Pty Ltd network administrators the customer's server is the source or target of the violation of any of the other terms of the AUP or for any other reason which Servstra Pty Ltd chooses. 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. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's machines were suspended.
14. Changes in Policy
Servstra Pty Ltd reserves the right to amend its policies at any time. All Sub-Networks, resellers and unmanaged servers of Servstra Pty Ltd must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation. You will be held responsible for the actions of your clients in the matter described on these Terms and conditions. Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of use policy.
15. Indemnification
Servstra Pty Ltd wishes to emphasize that in agreeing to the Servstra Pty Ltd Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies Servstra Pty Ltd for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to Servstra Pty Ltd or the bringing of any claim against Servstra Pty Ltd by any third-party. This means that if Servstra Pty Ltd is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against Servstra Pty Ltd, plus all costs and attorney's fees.
16. Miscellaneous Provisions
You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference.
The typical time for the provisioning of new orders is 3 business days after the day we receive payment for the order. Unless the order takes longer than 3 business days to complete or we have made other arrangements in advance, the renewal date for all subsequent periods of service will be based on the date on which payment was received for the order. If the order takes longer than 3 business days to complete, the client may request that the renewal date for subsequent periods of service to be updated to reflect the actual date on which the server was deployed.
A waiver by the Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.
Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further obligation.
Servstra Pty Ltd takes no responsibility for any material input by others and not posted to the Servstra Pty Ltd Network by Servstra Pty Ltd. Servstra Pty Ltd is not responsible for the content of any other websites linked to the Servstra Pty Ltd Network; links are provided as Internet navigation tools only. Servstra Pty Ltd disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.
Servstra Pty Ltd is not responsible for any damages your business may suffer. Servstra Pty Ltd does not make implied or written warranties for any of our services. Servstra Pty Ltd denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Servstra Pty Ltd.
17. Responsibility for Content
You, as Servstra Pty Ltd's customer, are solely responsible for the content stored on and served by your Servstra server.
18. Price Errors
Servstra Pty Ltd reserves the right to not deliver a product or service that was ordered at a certain price if the price is deemed by Servstra Pty Ltd to be a mistake.