The Legal Stuff
Terms of Service
This the Terms of Services that relate to the BizWeb Consulting web hosting services accessible via My BizWeb Consulting.
The legal stuff by bizweb consulting
Terms of Service
Hosting Services
BizWeb Consulting Terms of Service describes the provisions for web hosting, user agreements and termination of services offered by the company.
Terms of Service
BizWeb Consulting provides web hosting services through professional web hosting providers. This is the Terms of Service agreement for accounts & hosting services using the https://my.bizwebconsulting.com servers.
Terms of Service
BizWeb Consulting provides web hosting services through professional web hosting providers. This is the Terms of Service agreement for accounts & hosting services using the https://my.bizwebconsulting.com servers.
Any references to “we”, “us” and “our” refer to BizWeb Consulting, a business registered in Australia with the Australian Business Number (ABN) 74 875 061 151 and its registered office at Unit 4/7 Aspiration Circuit, Bibra Lake, WA 6163, Australia.
Any references to “hosting partner”, “they” and “them” refers to Fast Moose, a company registered in Singapore with number 53228582D and its registered office at 16 Raffles Quay, #41-07, Hong Leong Building, Singapore 04581.
All services provided by BizWeb Consulting and/or our hosting partner may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any Australian laws or international treaties. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless BizWeb Consulting from any claims resulting from the use of service which damages the subscriber or any other party.
Prohibited are sites that promote any illegal activity or present content that may be damaging to our servers, or any other server on the Internet. Links to such materials are also prohibited.
Examples of unacceptable content or links:
pirated software
hacker programs or archives
Warez sites
NOTICE: IF YOUR ACCOUNT IS FOUND TO CONTAIN ILLEGAL ACTIVITY, ILLEGAL MP3 FILES, PIRATED SOFTWARE, HACKER PROGRAMS, WAREZ PROGRAMS, OR ANY OTHER ILLEGAL FILES, YOUR ACCOUNT WILL BE SUSPENDED IMMEDIATELY. FAILURE TO REMOVE THE OFFENDING CONTENT WILL RESULT IN YOUR ACCOUNT BEING TERMINATED – NO REFUNDS WILL APPLY. ADDITIONALLY, BIZWEB CONSULTING WILL NOTIFY THE RELEVANT AUTHORITIES OF YOUR ACTIONS.
Domains
Any domains that are provisioned through https://my.bizwebconsulting.com are through our hosting partners registrar partner Dreamscape and Tucows . As such they cannot guarantee the availability of a particular domain, however any charges incurred in the registration of a domain which is subsequently found to be unavailable will be refunded in full*.
NO REFUND FOR SUCCESSFULLY REGISTERED DOMAIN NAME.
Domain Expiry
All domains are renewed on an annual basis, we will send out reminder emails in advance of their expiry. We will send the emails to the email address on the account, it is your responsibility to make sure the contact details are up to date. We take no responsibility if your domain renewal fails due to your contact details being incorrect. If you do not wish to renew a domain please make sure you contact us a minimum of 14 days before your domain expires by emailing us at cu**************@**************ng.com or by raising a support ticket. Alternatively, you can set your domain to auto-renew, this can be managed through your client area. All domains will be billed in advance of expiry and renewed once payment is received. If you have set up an automatic payment, this will be done automatically.
If you do not renew your domain before its expiry date it will have all services we provide suspended and you will have up to 30 days (protected period) after to renew the domain name at the original renewal fee. Please see our domain checker for renewal fees. After 30 days your domain will be suspended and will go into a 60 day grace period which you can still renew your domain name but with an additional redemption fee. This must be requested by email before the 80th day after your domain has expired, after 90 days your domain will be cancelled and deleted from the register and made available for resale through a third party registrar. We will not guarantee the renewal of a domain name.
Domain Acquisition
BizWeb Consulting strongly encourages customers to purchase their domain names from our BizWebConsulting.net platform by pressing the button below.
Bandwidth/Disk Space Usage
Our hosting partner provides an ‘unlimited’ service, meaning they do not actively limit your account on disk space or bandwidth. However, this is subject to fair use and any customer using an amount of monthly bandwidth or disk space deemed excessive in comparison to the average usage by other customers on their platform may, at their discretion, be advised to upgrade to a bespoke solution and billed accordingly.
They provision very large disks for their shared platforms, but no physical or virtual server can have an “unlimited” disk size due to limitations in both hardware and software. They will not let this hinder your usage, but it will mean that if you are operating a large account they may require that your account is moved to a server where it can be more easily accommodated without affecting other customers, or that your account is split over several shared servers. They would not charge for doing so and would always provide the information and tools necessary for you to operate your service. However, refusal to co-operate with an account move request will result in account suspension and/or termination as we must ultimately ensure platform stability and service delivery at all times.
Bots
Our hosting partner does not allow bots to be operated on their shared hosting servers.
Server Abuse
Any attempt to undermine or cause harm to a server or customer of BizWeb Consulting or hosting partner is strictly prohibited. As our customer you are responsible for all your accounts. Should you violate the Terms of Services outlined within, your account will be cancelled without chance of refund.
Refusal of Service
We reserve the right to refuse, cancel or suspend service, at our sole discretion and/or hosting partner.
All sub-networks, distributive hosting sites and dedicated servers of our hosting partner must adhere to the above policies, with the exception of system resources in respect to dedicated servers.
By the Account Activation Date of each month, our hosting partner shall deliver, via email or post, an invoice in accordance with the applicable Service Fees for services to be rendered in the forthcoming month. When an invoice is delivered to the client, payment shall be remitted to us by no later than the specified payment due date. We shall be entitled to immediately terminate this agreement for client’s failure to make timely payments. You will be provided with an invoice on a monthly basis. We do not record or store customer credit/debit card data but you are able to set up recurring billing through our payment partners (currently PayPal) to allow us to take payment for invoices as they become due. It is your responsibility to ensure that you have sufficient funds to cover any transactions. Failure to make payment will result in up to three overdue notices being submitted to you before your account is suspended and/or terminated. Accounts suspended for non-payment are liable for termination without notice.
Money back guarantee & refund policy
IMPORTANT: All refunds are subject to 10% service charge. There will be No Service Charge for refund to account credits. Account credits cannot be cashed out.
Our hosting partner offers a 30 day money back guarantee. No refund will be issued after 30 days under any circumstances.
Please note that we reserve the right not to refund any fees incurred by us in the registration of ‘free’ domains we have provided as part of the account. Any fees not refunded or billed to you by us will not exceed the registration costs we incur.
a. Trial account upgrades voids 30 day money back guarantee.
b. 30 Day money back guarantee applies only for first time purchase of any “shared web hosting” plans including “agency reseller hosting”. For instance, if you already have reseller account with us and purchased new reseller service, money back guarantee no longer applies on your consecutive purchase. As we offer money back guarantee for you to test our services and for any reason you are dissatisfied with it we will do unconditional refund.
c. Third party products / services are not eligible for 30 Day money back guarantee. Such as domain name registrations and SSL certificates.
This is subject to our hosting partners approval.
Cancellation and Refunds
If you no longer wish to continue with your hosting, please submit a cancellation at least 7 days before your services are due to be renewed. Your account will only be deemed as terminated once all outstanding balances have been paid in full. Domains will only be considered for transfer once all balances have been settled, we will not charge you for transferring a domain(s) away to another registrar’s tag. The customer acknowledges that, termination of the agreement for any reason will result in us ceasing to provide the applicable services, with the consequences that flow from such cessation, including (but not limited to), deletion of data e.g. hosting account(s) and mailboxes.
Our hosting partner DOES NOT refund partial monthly fees to accounts.
Our hosting partner DOES NOT refund fees incurred in the purchase of domain names where the grace period has expired. This is 5 days for non-UK domains and 10 days for UK domains.
Limitation of Liability
We and/or our hosting partner shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from our hosting partners servers going offline or being unavailable for any reason whatsoever. Furthermore, we and/or our hosting partner shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of our hosting partners servers. All damages shall be limited to the immediate termination of service.
Data Backups
Our hosting partner takes backups of all data related to your hosting account. However, it is your responsibility to ensure that your own data is backed-up regularly to your own computer or another service via appropriate methods. We and/or our hosting partner will not be held responsible or liable for any data that cannot be retrieved in the event of deletion, failed software installations, account termination, hardware failures and other events which may cause data loss.
Migration Assistance
If you are moving to us from another cPanel provider, we and/or our hosting partner can assist with the migration by restoring any cPanel backups you upload to us via FTP. It is your responsibility to supply these backups. We or they will not log in to your old provider’s platform and perform the backups on your behalf. Any migrations from non-cPanel providers will not be performed by us or them and must be done by you.
Customer Support
All support requests must be raised through the tickets system via the https://my.bizwebconsulting.com website. We can also provide support via telephone and email if required but all requests must first be initiated through a support ticket. This helps us deal with your query more effectively and provides a clear history of all correspondence.
Please note that we provide support to our direct customers only. Our hosting partner will not provide support via any means to you or any third-party not holding a direct account with us under any circumstances. It is our responsibility to cater for the support needs of our customers. In the event there is a hosting-related issue that we are unable to resolve, we are required to communicate this to our hosting partner in detail via a support ticket and they will investigate and respond to you accordingly so we can inform our customer.
Violations
Violations of these policies should be referred to cu**************@**************ng.com. All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation.
Disclaimer
We and/or our hosting partner cannot be held liable for system downtime, crashes or data loss. We and them cannot be held liable for any predicted estimate of profits which a client would have gained if their site was functioning. While we and they own and operate their own enterprise-grade equipment, certain services and software provided by us are resold. Thus, certain equipment, routing, software and programming used by them are not directly owned or written by our hosting partner (examples include cPanel management and WHMCS billing software). Moreover, we and they hold no responsibility for the use of our clients’ accounts. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. We and they reserve the right to remove any account, without advance notice for any reason without restitution, at our discretion.
Account Activation
By activating your account with us, you agree to the above policies and disclaimer. Upon requesting activation of an account, you are required to accept these policies, guidelines and disclaimer.
NOTICE: If you sign up for an account and fail to comply with these terms, no refunds will be given. We will, however, advise you by email or phone prior to taking any action to provide you with an opportunity to correct the problem.
Server Uptime Guarantee
Our hosting partner offers a 99.99% service uptime guarantee, which is based on a 12-month rolling average across our entire platform and multiple clouds. In the unlikely event that we they fail to meet our obligations they will provide full and thorough explanations for any downtime.
Please note that from time to time, it will be necessary for them to perform essential maintenance or upgrades to their infrastructure. In the event of such planned maintenance, they will provide advance notice so you can make necessary arrangements to contact your customers or suspend any service monitoring you may have in place for the period of the planned outage. Where possible, such upgrades will be carried out overnight in the UK to minimise impact on customers. Downtime incurred as a result of planned and notified maintenance will not be included in our downtime statistics.
Acceptable Use Policy ('AUP')
Our Hosting Partner AUP terms can be found at the following URL and both we and you are bound to comply.
Complaints
Our hosting partner likes to think they get it right all the time, every time but the truth of it is everyone gets it wrong from time to time. They can only improve on our services with valid feedback from you, our customers. If you wish to make a complaint about a service you have received, please submit an email to us at cu***************@**************ng.com, including as much detail from the issue you have. We will liaise directly with our hosting provider and they have agreed to acknowledge our complaint within 1 business day and aim to resolve any issues within 5 business days.
Notification of Changes
We and/or They reserve the right to change these conditions from time to time as it sees fit and your continued use of the site and our/their hosting services will signify your acceptance of any adjustment to these terms. If there are any changes to their privacy policy, they will announce that these changes have been made via relevant channels. If there are any changes in how we and/or they use our site customers’ Personally Identifiable Information, notification by e-mail or postal mail will be made to those affected by this change. Any changes to their privacy policy will be posted on their web site 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis
These terms and conditions form part of the Agreement between the Client and ourselves with our hosting partner. Your accessing of this website and/or subscribing for any of our services indicates your understanding, agreement to and acceptance of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.
These Terms and Conditions were most recently updated on 19th April 2022 via our hosting partners website: Terms and Conditions | Fast Moose Unlimited Web & Agency Reseller Hosting
Changelog
This document was created on the 30th of May 2022 and last updated on the 30th of May 2022.
