Last updated 2018/09/25 (September 25th, 2018)
These terms govern your subscription of online hosting, virtual/physical server/s and colocation services provided by Ink Systems Pty Ltd T/A leopard.host.
As used in these terms, “Ink Systems Pty Ltd” means Ink Systems Pty Ltd and “Client”, “you”, or “your” means you. By ordering a service, you acknowledge that you have read these terms, and agree to them and all policies listed on our website. As referred to in these terms, “site” refers to a web address on the internet and “leopard.host site” refers to our website located at https://leopard.host.
Section 1 – Appropriate use of services
Ink Systems Pty Ltd provides the services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such services.
- Client content
The client agrees that it will not distribute, electronically transmit or display any materials supplied by Client – or through Client by a third party – to any Ink Systems Pty Ltd server in connection with Client’s use of the Services which:
- violate any state, federal or foreign laws or regulations
- infringe on any intellectual property rights (e.g. copyright, trademark, patent or other proprietary rights) of Ink Systems Pty Ltd or any third party
- are defamatory, slanderous or trade libelous, threatening or harassing content of any type
- file sharing music, software, bit torrents, video or pictures that contains copyright
- proxy server software (any type) used to hide users IP or cache content
- are discriminatory based on gender, race, age or promotes hate
- contain any type of pornography or illegal drugs or substances (pornography may be hosted on virtual or physical servers on a case-by-case basis)
- contain viruses or other computer programming defects which result in damage to Ink Systems Pty Ltd, its servers or any third party;
- Client acknowledges that we will liaise with relevant authorities where required or deemed necessary (either by legal requirement when requested with relevant supporting order/s that are satisfactorily compiled and proven, or when it is required from a duty-of-care perspective, ie. when we receive reports of content such as child pornography being hosted within our network)
- Disk space & data transfer
The Client may occupy only the amount of disk space allocated to their package on the Ink Systems Pty Ltd server/node and utilise no more than the network data transfer that is allocated to their package by Ink Systems Pty Ltd.
Additional fees will be charged for exceeding the disk space and/or network quota allowance of your package; alternatively, you may be raised to a higher package if your usage is repeatedly higher and it becomes more cost-effective for you to upgrade package. We will notify you by email if such a change is required.
- Spam email
Client shall not use our Services for the emailing of chain letters, junk mail, spam email, bulk emails (with more than 100 recipients, except where agreed prior with our Support team via ticket), advertising or any use of distribution or mailing lists to any person who has not given specific permission to be included in such a process (see Spam Act 2003). Client also shall not engage in any unsolicited email practices using Ink Systems Pty Ltd Servers or other infrastructure, or otherwise, that mentions or reference any domain hosted on Ink Systems Pty Ltd servers or parked on Ink Systems Pty Ltd DNS servers.
- Server loads
Client agrees that any hosting account that uses excessive CPU or Memory resources (50% or more of their allocated resources) for a sustained period of time (10 minutes or more) may be suspended at any time without notice (we provide notice where possible, however if a site is unable to be controlled, the account will be suspended). Ink Systems Pty Ltd reserves the right to terminate accounts that are repeatedly using excessive resources at any time after prior warning has been given. Ink Systems Pty Ltd will offer to backup the clients data and send the backup archive to a destination server of their choice via FTP.
- Licensed software
Where Client uses third-party commercial software that requires a licence for usage, Client agrees to only use software to which they hold a current and appropriate licence.
- Back-up files and processing
Ink Systems Pty Ltd takes all reasonable steps to safeguard the Ink Systems Pty Ltd Servers and the data contained there-in, however Ink Systems Pty Ltd will not be responsible for any loss of Client data or DNS records stored or intended to be stored on the Ink Systems Pty Ltd Servers and/or back-up platforms. The Client will not be entitled to any form of compensation from Ink Systems Pty Ltd in the event of loss of data. You as the client are responsible for your own backups. Whilst Ink Systems Pty Ltd actively performs a variety of backups, there may be times when the backups fail or become unavailable. As such the final responsibility for all your data stored on Ink Systems Pty Ltd Servers is ultimately your own. By acknowledging these terms when ordering your service, you free Ink Systems Pty Ltd from any legal action in the event of data loss and agree that you will not be entitled to any form of compensation for said loss.
- Software update
The client agrees that applications and scripts installed using Installatron or Softaculous, or uploaded manually are the responsibility of the client and must be kept up-to-date – if you are unsure as to the best way to do this, our team can provide advice. Failure to do so may expose Ink Systems Pty Ltd servers to possible exploits. Costs to restore services may be recovered from the client of the site initially affected.
Ink Systems Pty Ltd reserves the right to refuse service to anyone. Ink Systems Pty Ltd, in its sole discretion, may immediately terminate these terms if Client engages in any of the foregoing. To report any unacceptable behaviour by a third party using the Services, please contact email@example.com and include all available logs and information.
Section 1a – Data facilities
- Identification requirements
When Client designates their intended access holders for their leased colocation or physical server space within a facility, Ink Systems Pty Ltd reserves the right to request official Government identification for each named individual before considering the approval of such access. We also reserve the right to require the issuance of a new facility access pass (ie. “prox card”), and the right to enquire with any relevant facility as to any previous security breaches or concerns.
- Facility access restrictions
Physical access to data facilities will be restricted or removed if we have sufficient reason to believe that Ink Systems Pty Ltd and/or customer equipment is at potential risk of damage, unauthorised removal, theft or sabotage. Such restrictions can be applied without prior notice or explanation to the Client, and restoration of such access will require approval from Management at our discretion following the relevant risks being proven to be non-existent by the Client, with supporting evidence if required. It is rare that this clause is exercised, however we safeguard ourselves against the minority of individuals who aim to cause harm.
Section 2 – Domain names
- Domain name applications
Domain Name Registrations are for the period of: .au 1-5 years, gTLD 1-10 years (generally). Domain names are subject to availability and as per policy of the respective Domain Name Registry. The client agrees to accurately provide all details to the best of their knowledge to assist with the application, and confirms that they will not provide false information in order to gain registration of a domain name.
- Domain name transfers
Domain Name Transfers can only be processed with the Domain Name Password (known as Auth-Info for .au & EPP for gTLDs). Australian Domain names (.au) due to expire within 90 days will not be automatically renewed upon transfer however will invoice for renewal 14 days ahead of expiration, while gTLD domain names will be renewed for a further 1 year period upon transfer, excluding some TLDs which may transfer with no renewal. The clients accept that domain name transfers will be rejected if the domain name has been recently registered or transferred within the last 30 days or is in Domain Locked status. Domain Transfers will also be rejected if the Client Authorisation email sent by the registry is not responded to.
- Remaining a domain name licensee in the various namespaces
Client acknowledges that Ink Systems Pty Ltd will comply with just requests received from either the domain name registry or the management body which bring in to question the eligibility of one’s license over a domain name. In most cases, the management body will provide email notice giving you a certain number of days to prove entitlement to the domain name license – if you’re unable to meet their requirements in that time, the domain name will be deleted without refund or credit. This is beyond our control, and it is up to the Client to satisfy their requirements.
Section 3 – Payment obligations
- Service fees
Ink Systems Pty Ltd shall either (i) debit the Client’s credit/debit card (when such information is provided by the Client), or (ii) produce an invoice which will be delivered to the Client by email with additional payment methods. All new accounts must be paid prior to the new account becoming active on our servers. Domain name registration/transfer fees must be paid upfront before the domain name will be registered or transferred. Ink Systems Pty Ltd accepts no responsibility for domain names registered by another party prior to the Client paying the outstanding amount. On-going invoices will be issued fourteen (14) days prior to the due date. A reminder will be issued seven (7) days before the due date. The 1st overdue notice will be issued one (1) day after the due date, and in the case of physical services (ie. colocation) this is when facility access will be disabled. The 2nd overdue notice will be issued seven (7) days after the due date. The 3rd overdue notice will be issued fourteen (14) days after the due date. The account will be automatically suspended fourteen (14) days after the due date in-line with the 3rd overdue notice, and a notice will be issued advising of the suspension. It is up to the Client to ensure that their contact email address would remain accessible if their services were to be suspended for any reason by us, as email is the form of contact that we depend on (although we may also use others at our discretion). Ink Systems Pty Ltd shall be entitled to immediately terminate this Agreement twenty-eight (28) days after non-payment or from failure to make timely payments, and permanently delete the account data, as well as take ownership of any stored hardware in an effort to recover losses incurred by the non-payment. If Client terminates this Agreement in accordance with Section 5 hereunder, Client shall be responsible for any outstanding fees owed to Ink Systems Pty Ltd and agrees to pay any and all fees incurred by Client. Because the Services are provided on a pre-paid basis, unless a contract is in place, Client will be responsible for Service fees incurred each cycle regardless of when Client provides notice of termination. Thus, for example, if Client provides notice to terminate on the 15th of a particular month, and the Client’s service is on a monthly billing cycle, Client will still owe fees for the entire month and such fees will not be pro-rated or refunded. If Client has retained the Services for one (1) year and has pre-paid Ink Systems Pty Ltd for such Services, refunds will be issued for any unused full month portions less one month of the Services upon Clients request. For example, if the Client’s account is cancelled at any point in an annual billing cycle, the Client will be entitled to a refund of any unused months minus one (1) month.
- Credit checks & similar
We reserve the right to perform background checks on any individual, business, company or otherwise (ie. partnership) who seeks to receive services from Ink Systems Pty Ltd where a risk may be worn by our entity during the Client’s tenure. In addition to these background checks, which may be extensive or minimal, we reserve the right to obtain and criticise credit reports, company reviews, official lodgements (ie. ASIC, Department of Justice) and any other documents, references or information that we deem necessary to properly verify the integrity of the Client.
- Late payments
Any payment not received for services will not incur a late payment fee. Customer shall pay to Ink Systems Pty Ltd any expenses incurred under the direct instruction of the customer, such as hardware procurement costs and software licencing fees. Should payment fail to be made by the customer for such or similar costs, Ink Systems Pty Ltd reserves the right to commence debt recovery and/or legal proceedings to recoup the expenses and costs, including costs incurred during the recovery of such fees (ie. debt collection fees, solicitor fees, court filing fees).
Customer will be responsible for and will pay in full, any taxes and similar fees now in force or enacted in the future imposed on the transaction and/or the delivery of Services. Ink Systems Pty Ltd bills GST (Goods and Services Tax) inclusively across all invoices, and quotes inclusively.
- Domain names
If Client chooses to register a domain name(s) through Ink Systems Pty Ltd, Client acknowledges and agrees that Client will pay a registration fee(s) to register the domain name(s) with the applicable domain name registry. Ink Systems Pty Ltd does not offer refunds for domain name registrations for any reason, including misspelling of the domain name. Under special circumstances, there is a chance that an account credit can be provided if Ink Systems Pty Ltd are able to cancel a new domain registration/transfer/renewal under an exemption in domain registry conditions however this should not be relied upon as it cannot be guaranteed. Domain name registration fees must be paid up front. Ink Systems Pty Ltd accepts no responsibility for domain names registered by another party prior to the Client paying any outstanding amount.
Web hosting customers of Ink Systems Pty Ltd are eligible for a 30 day full money back guarantee. Should the customer choose to take advantage of the 30 day money back guarantee, all monies the customer paid for their hosting services will be refunded to them. If the customer paid for their services via credit/debit card, the monies will be returned to the card of payment. If the customer paid for their services via PayPal, the monies will be returned through PayPal – this tends to result in the monies being returned to the PayPal payment source. If the customer paid for their services via another means (BPAY, EFT, etc), Ink Systems Pty Ltd will discuss a refund method with the customer.
Note: our refund policy does not apply to domain names or SSL certificates.
Section 4 – Customer liability and indemnification
The parties agree that in no event shall Ink Systems Pty Ltd be liable to any third party for Client’s breach or alleged breach of any of the terms and conditions set forth in this Agreement. Client agrees to defend, indemnify and hold harmless Ink Systems Pty Ltd from any and all expenses, losses, liabilities, damages or third party claims resulting from Client’s breach or alleged breach of any Client obligations set forth hereunder.
Section 5 – Terms, termination & reinstatement
- Terms & termination
Subject to the terms and conditions hereof, this Agreement shall be effective on the date you register for the Services, and shall continue in effect on a month-to-month basis unless otherwise specified by separate agreement (the “Term”) unless terminated earlier pursuant to the provisions of this Section 4. Either party will have the right to terminate this Agreement upon notice to the other party. All cancellation requests must be received by the 25th of the respective month of cancellation. Sections 3 – 8 shall survive termination or expiration of this Agreement.
If Ink Systems Pty Ltd suspends any type of account for non-payment, Client shall be allowed to re-instate Client’s use of the Services within fourteen (14) days of suspension upon approval from Ink Systems Pty Ltd and the receipt of full payment of balances due. We always recommend lodging a ticket to advise of the payment so that we can protect Client’s account wherever possible.
If a Client terminates their account, Ink Systems Pty Ltd will disable and remove the account(s) the day the client specifies the cancellation to take place and all archives of the clients website(s) and files will be removed. Should the client be in arrears for 28 days or more, as per section 2, the clients site(s) may be terminated without further notice and Ink Systems Pty Ltd will not maintain or provide an archival copy of the Clients Web site(s) or files of any type. It is the sole responsibility of the Client to backup and copy any data off the server prior to the date provided in their cancellation notice or termination date.
Section 6 – Taxes
Client will pay and indemnify and hold Ink Systems Pty Ltd harmless from any and all taxes associated with or arising from Client’s use of the Services, including any penalties and interest and any costs associated with the collection or withholding thereof.
Section 7 – Disclaimer of warranty
The services, the Ink Systems Pty Ltd site, including without limitation, all products and services displayed or offered on the Ink Systems Pty Ltd site, and all text, graphics, links and applications are provided to client on an ‘as is’ basis and without warranty of any kind. Ink Systems Pty Ltd disclaims all warranties, express or implied, with respect to each of the foregoing, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement or arising from a course of dealing. Without limiting the generality of the foregoing, Ink Systems Pty Ltd specifically disclaims any warranty that:
- the services will be uninterrupted or error-free
- defects will be corrected as soon as possible
- there are no viruses or other harmful components
- the security methods employed will be sufficient
Section 8 – Limitation of liability
- Limitations of liability
In no event shall Ink Systems Pty Ltd be liable for damages resulting from loss of data, profits, use of the Ink Systems Pty Ltd site or any Ink Systems Pty Ltd products or services, or for any incidental, indirect, punitive, or consequential damages in connection with this agreement or in connection with any products or services provided hereunder. In no event shall Ink Systems Pty Ltd cumulative liability exceed an amount greater than one hundred dollars ($100.00).
Section 9 – Miscellaneous
Any notices or communication under this Agreement shall be through email and shall be deemed delivered to the party receiving such communication at their registered email address. If posting correspondence to Ink Systems Pty Ltd please use the following address details:
Ink Systems Pty Ltd
PO Box 1483
Dee Why 2099
Section 10 – Agreement
If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted. This Agreement (including the Exhibits, attachments and/or addenda, if any,) represents the entire agreement of the parties with respect of the subject matter hereof and supersedes all prior and/or contemporaneous agreements or understandings, written or oral between the parties with respect to the subject matter hereof. This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by Client, but may be so transferred, assigned or delegated by Ink Systems Pty Ltd. Any waiver or any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right. In any legal proceeding between the parties under this Agreement, the prevailing party shall be entitled to recover its costs, expenses and reasonable attorneys’ fees. This Agreement is made under and shall be governed by the laws of Australia, except with regard to it’s conflict of law rules. This Agreement and Ink Systems Pty Ltd’s policies are subject to change by Ink Systems Pty Ltd without notice. Continued usage of the Services after a change to this Agreement by Ink Systems Pty Ltd or after a new policy is implemented and posted on the Ink Systems Pty Ltd Site constitutes your acceptance of such change or policy. We encourage you to regularly check the Ink Systems Pty Ltd Site for any changes or additions.