Burst Networks - Terms and Conditions
In these terms and conditions an .account
holder. refers to the customer of Burst Networks and the .services. refers to
the services or products supplied to the account holder including (but limited
to) access to and use of, a server(s). Burst Networks reserves the right to
suspend or cancel an account holder's access to any or all services provided by
Burst Networks when Burst Networks decides (at its absolute discretion) that the
account has been in contravention of the Acceptable Use Policy, inappropriately
used or otherwise. These terms and conditions apply to initial and all
subsequent orders howsoever placed by the account holder, or its authorised
representatives.
1. SERVER USE
Burst Networks reserves the right to
refuse service and/or access to its servers to anyone.
Burst Networks do not allow any of the
following content to be stored or accessed on its servers:
1. Illegal material, including copyrighted
works, commercial audio, video, or music files, and any material of any type in
violation of any Federal, State or Local law or regulation anywhere in the
world.
2. Adult material, including pornography,
erotic images, or otherwise lewd or obscene content of any type. What
constitutes "adult material" is entirely at the discretion of Burst Networks.
3. Bit Torrents.
4. Warez, IRC software, including pirated software,
ROMS, emulators, phreaking, hacking, password cracking. IP spoofing, etc., and
encrypting of any of the above. Also includes any sites which provide "links to"
or "how to" information about such material.
This and any other agreement with Burst
Networks does not grant or entitle, expressly or otherwise, any right, title or
interest in the hardware (including, but not limited to any server) of Burst
Networks.
2. BANDWIDTH
Each server on a 12 month contract
(excluding Core 2 servers) has an allocated total monthly bandwidth allowance of
minimum 750Gb. Specials are as advertised and all others are 100Gb total
bandwidth per month. All servers on 12 month contract are only payable via
Credit Card on a pre-pay basis. If the bandwidth allowance is exceeded, the
account holder is liable for the cost of the exceeded bandwidth amount.
Bandwidth is monitored and Burst Networks reserves the right to remove sites
that exceed their bandwidth allowance without notice. Excess bandwidth is
charged at the rate of $1.98 per Gb per month in excess of that allowed for the
server. Extra bandwidth can be purchased on a pre-pay basis only for $122 per
100GB per month to a maximum of 500Gb per month or at the rate of $1.22 per Gb with a minimum purchase of 40Gb+, Pre-Paid bandwidth cannot be purchased and used in the same month if you have 1) Exceeded your monthly bandwidth limit, 2) Have reached your monthly bandwidth limit.
3. HIGH RESOURCE USER POLICY
Resources are defined as bandwidth.
When a server is found to be
excessively using the resources available, Burst Networks reserves the right at
its sole discretion to shut down that server immediately. This policy is only
implemented in extreme circumstances and is intended to prevent the misuse of
our servers. Where appropriate account holders may be offered an option whereby
Burst Networks reactivate the server with additional resources for an additional
fee.
While reasonable efforts will be made
limit inbound and outbound attacks on severs, Burst Networks not be obliged to
prevent, limit or stop such attacks and the accountholder shall be responsible
for all bandwidth used whether or not used or contributed to, by an attack.
4. PAYMENT POLICIES
All account terms are 5 days from
date of invoice, however Burst Networks reserves the right in its absolute
discretion to require payment in advance. Although Burst Networks reserves the
right to change prices of accounts or services at any time, all pricing is
guaranteed for any period of prepayment. Charges will be invoiced either on each
yearly anniversary or monthly on the first day of each month. Part months will
be charged pro rata from the date the account was established. Written closure
notification must be received and confirmed: (i) for servers or accounts on 12
month contracts or paid annually - at least 30 clear days prior to the end of
any such period (ii) for all Dedicated servers & colocation services, notice
must be received and confirmed on or prior to the 15th day of the month
preceding the required date of closure. (iii) For all VPS servers and VDS
servers, notice must be received 7 days before invoices are generated. All accounts
with outstanding invoices after 5 days will draw a late payment fee. All
invoices outstanding after 7 days will draw an Outstanding Payment Collection
fee. The accounts department is only available during business hours Monday -
Friday. Any requests made during these times will be dealt with next business
day.
In addition, Burst Networks reserves
the right to suspend any other services until the outstanding charges are paid.
The account holder is responsible for all outstanding charges on the account.
The account holder may be charged a $25 administration fee for each declined or
dishonored payment.
All invoices will be sent directly to
account holders via e-mail. Any discrepancy in invoices must be declared within
3 days of receipt. No bills or invoices will be sent by regular mail.
5. PAYMENT OPTIONS
In order to streamline our
accounting procedures and keep costs down Burst Networks runs a limited number
of payment options. PayPal, Direct Deposit and Cheque.
Cheque Payment - This option is only
available to account holders who pay annually. A credit card may be used via
PayPal at this time. Burst Networks cannot guarantee that a service will be
provided until after payments have been cleared.
6. CANCELLATION AND REFUNDS
Burst Networks reserves the right to
cancel the services at any time if it reasonably believes the account is being
misused, the Acceptable Use policy is Contravened or these terms and conditions
are materially breached, in such event(s) account holders will not be entitled
to any refund. Account holders on monthly contracts (signed and faxed contracts) only may cancel their
account at any time by giving Burst Networks written closure notification,
received at support@burstnetworks.com.au (and such receipt is confirmed by Burst
Networks to the account holder). Any incentives offered to account holders when
opening the account will also be cancelled. Account holders may be given the
option to purchase services which were offered as start-up incentives in the
result of a cancellation. Fees charged on a prepay basis are non-refundable. In
addition some accounts incur set-up fees, these charges are also non-refundable.
Burst Networks will not refund any client/s that change their mind on a product for any reason. A valid refund is only granted if the promised SLA % is broken or cannot be fulfilled by the provider (Burst Networks).
To repeat clause 4 of Burst Networks TOS, all cancellations must be placed 7 days prior to your invoicing date (not due date) cancellations can only be placed by logging into your account manager http://support.burstnetworks.com.au/whmcs and using the "Place cancellation request for this item" option. No other methods will be accepted by Burst Networks.
7. EXTRA CHARGES
These only apply under the following
terms: 1. Late payment fee $25 per server 2. Declined or dishonored payment fee
$40 3. Re-activation fee $40 per server 4. Outstanding Payment Collection fee
$190
8. GOVERNING LAWS
The agreement between you and Burst
Networks shall be governed in all respects by the laws of Queensland Australia.
The parties to irrevocably submit to the non-exclusive jurisdiction of the
courts of Queensland Australia. Headings are for reference purposes only and in
no way define, limit, construe or describe the scope or extent of each section.
9. SEVERABILITY
Each provision of the agreement between
you and Burst Networks including these terms and conditions are severable and if
provisions of this agreement or terms of service are held to be invalid or
unenforceable such provisions may be removed and the remaining provisions may be
enforced.
10. INDEMNIFICATION
The account holder agrees that it shall
defend, indemnify, save and hold Burst Networks harmless from any and all
demands, liabilities, losses, costs and claims, including legal costs (on an
indemnity basis or solicitor/client basis, whichever is higher) claimed or
asserted against Burst Networks, its agents, its account holders, officers and
employees, that may arise or result from any service provided or omitted,
performed or agreed to be performed or any product sold by account holder, its
agents, employees or assigns. The account holder agrees to defend, indemnify and
hold harmless Burst Networks against liabilities arising out of; (1) any injury
to person or property caused by any products sold or otherwise distributed in
connection with Burst Networks' servers; (2) any material supplied by the
account holder infringing or allegedly infringing on the proprietary rights of a
third party; (3) copyright infringement; (4) any defective products sold to
account holder from Burst Networks' server and any defamatory or allegedly
defamatory material on Burst Networks servers.
11. DISCLAIMER