The following Terms and Conditions apply to MANFREDK WEBSITE DESIGN. Terms and Conditions for other services offered by MANFREDK WEBSITE DESIGN are set out on respective service web sites owned and operated by MANFREDK WEBSITE DESIGN.
By ordering and activating your account and requesting services performed by MANFREDK WEBSITE DESIGN, MANFREDK WEBSITE DESIGN will supply you services on the terms and conditions set out below. On requesting a customer account, customers “clients” are required to accept these terms, conditions, all policies and disclaimer produced by MANFREDK WEBSITE DESIGN.
This site is owned and managed by MANFREDK WEBSITE DESIGN. (referred to as "MANFREDK WEBSITE DESIGN," "us," "we," or "our" herein). No material from the site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way.
Modification of the materials or use of the materials for any other purpose is a violation of our copyright and other proprietary rights. Except as otherwise indicated on this site and except for the trademarks, service marks and trade names of other companies that are displayed on this site, all trademarks, service marks and trade names are proprietary to MANFREDK WEBSITE DESIGN.
In the event that you download any software from the site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are non-exclusively licensed to you by MANFREDK WEBSITE DESIGN. We do not transfer title of the Software to you. We retain full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form.
As a customer of MANFREDK WEBSITE DESIGN these terms and conditions form the basis of our agreement with you.
Our agreement with you also includes your application or order form which you complete and provide to us. We may accept and rely on electronic and facsimile copies of the application or order form as if it was an original. You will be bound by an electronic or facsimile copy of the application or order form as if it was an original.
Our agreement with you also includes our currently applicable price list. The price list may change from time to time, but we will notify you of any changes when they happen. Copies of the price list are available from us, upon request.
This agreement commences on the date any services supplied by us is performed.
The Client must pay to MANFREDK WEBSITE DESIGN all hosting fees in advance.
Upon the accounts renewal date, the customer must pay all fees due within 7 days. Failure to pay within 7 days may result in suspension of access to the web site, both uploading and downloading. Failure to pay before your next due date will result in your account being closed.
Services will be supplied to you through the providers, carriers or networks (“Carriers”) that we nominate in writing from time to time. You agree that we –
(a) may change Providers or Carriers without reference to you and at any time; and
(b) have your express authorisation to notify any relevant Carrier in respect of and to effect any such change.
We do not warrant that we will be able to supply Services and we are not liable for any failure to provide all or part of any of the Services, but, to the extent and to the standard that Carriers provide Services to us, those Services will be provided by us to you. When your connection is disrupted, we will do our best to reinstate our Services to you as soon as we can.
When using the Services, you agree to –
(a) comply with all statutes, regulations, by-laws or licence conditions of any government body; and
(b) not breach any person’s rights or otherwise cause us or a Carrier loss, liability or expense.
Our obligations to provide the Services ceases when we transfer your account to another supplier and the other supplier takes over full billing of those services.
Scheduled Maintenance – MANFREDK WEBSITE DESIGN must perform scheduled maintenance to servers from time to time. We will attempt to perform all scheduled maintenance at times that will affect the least amount of Clients.
Unscheduled maintenance may be needed to be performed due to data corruption, service failure or equipment failure. MANFREDK WEBSITE DESIGN will endeavour to inform you via email or via our web site with details of any outage.
The services provided by MANFREDK WEBSITE DESIGN are expected to change as technology changes and systems are upgraded. MANFREDK WEBSITE DESIGN reserves the right to change any service offered or the feature of any service offered or its systems without notice, including changes to access and use procedures and all system hardware and software.
You agree during the term of this agreement:
(a) charges for services remain constant throughout the continual life of the service. Where a service is terminated by either you or us, and you re-register for a new service, you agree to pay the charges displayed at the present time, and not by the amount previously charged in a previous agreement;
(b) our charges are inclusive of VAT.
(c) to pay accounts for all of those charges (including taxes) by the date specified in the account (“Due Date”).
If you dispute in good faith an amount in the account, you must notify us in writing within fourteen days setting out reasons for the dispute and the amount in dispute. Notwithstanding any dispute as to any amount of any charge, you must pay the whole amount of each account by the Due Date.
If you do not pay the account by the Due Date, then we may charge interest at the rate of 1.5% per month or part thereof on the outstanding amount of the invoice and suspend all or part of your Services pending payment of outstanding amounts on the account. Nothing in this clause affects our rights to terminate this agreement under clause 8.
If you do not pay the account by the Due Date, we also reserve the right (at our discretion) to adjust the prices you pay for the Services.
Without limiting clause 3.1, we may vary, alter, replace or revoke any of these terms and conditions effective upon the expiry of 14 days written notice from us. We may interpret your ongoing use of the Services after that date as constituting your acceptance of the variation, alteration, replacement or revocation.
We do not exclude or limit –
(a) the application of any provision of any statute (including the Trade Practices Act 1974, the Privacy Act 1988 or the Telecommunications Act 1997) where to do so would contravene that statute or cause any part of this clause 5 to be void; or
(b) direct losses and damages which arise only as a result of our gross negligence (which means where we commit an act or allow an omission to occur in reckless disregard of the consequences of the act or omission).
Except where clause 5.1 (Except where clause 5.1 applies, we exclude all statutory liability, tortious liability (including but not limited to liability in negligence), conditions and warranties implied by custom, the general law or statute, liability for all direct, economic, consequential or indirect losses, expenses, damages and costs incurred by you, arising out of or relating to the Services, any failure to supply or delay in supplying the Services or out of or relating to this agreement.) applies, we exclude all statutory liability, tortious liability (including but not limited to liability in negligence), conditions and warranties implied by custom, the general law or statute, liability for all direct, economic, consequential or indirect losses, expenses, damages and costs incurred by you, arising out of or relating to the Services, any failure to supply or delay in supplying the Services or out of or relating to this agreement.
Including, but not limited to, liability for gross negligence and except to the extent of clause 5.1(a), we are not responsible or liable for any indirect consequential or economic damages, including, without limitation, loss of income or profit or loss of actual potential business opportunities.
Our liability to you for any breach of any implied provision of this agreement (other than an implied warranty of title) is limited, at our option, to refunding the price of the goods or Services in respect of which the breach occurred, or to providing, replacing or repairing those goods or providing those Services again.
We are not liable to you for any delay in the connection or failure in the operation of the Services.
You acknowledge that any liability of any Carrier to you in relation to the Services is governed by the terms and conditions on which that Carrier from time to time supplies that service to its own retail customers.
MANFREDK WEBSITE DESIGN does not warrant that:
(a) Its services and its systems will be uninterrupted or error free.
(b) the services will meet the Client's requirements, other than as expressly set out in this agreement.
Except as expressly provided to the contrary in this agreement, all warranties whether express, implied, statutory or otherwise, relating in any way to the subject matter of this agreement, are excluded. Where any statute implies in this agreement any term, and that statute avoids or prohibits provisions in a contract excluding or modifying the application of or liability under such a term, then the term will be taken to be included in this agreement. However, the liability of MANFREDK WEBSITE DESIGN for any breach of the term will, if permitted by that statute be limited, at the option of MANFREDK WEBSITE DESIGN, to any one or more of the following:
(a) the supply of the services again; or
(b) payment of the cost of having the services supplied again
(c) the Client warrants that at the time of entering into this agreement it is not relying on any representation made by MANFREDK WEBSITE DESIGN which has not been stated expressly in this agreement or on any descriptions or specifications contained in any other document, including any catalogues or publicity material produced by MANFREDK WEBSITE DESIGN.
(d) The Client warrants that it will conduct such tests and computer virus scanning as may be necessary to ensure that data uploaded by it onto or downloaded by it from the server does not contain any computer virus and will not, in any way, corrupt the data or systems of any person.
(e) The Client warrants that it will keep secure any passwords used to upload data to the Server.
(f) The Client warrants that all data uploaded onto the server under this agreement will not expose MANFREDK WEBSITE DESIGN to the risk of any claim, legal or administrative action or prosecution.
(g) MANFREDK WEBSITE DESIGN reserves the right (but is under no obligation) to remove from Internet Access any part of the Client Data that in MANFREDK WEBSITE DESIGN's opinion, infringes any of the warranties set out in this agreement.
(h) MANFREDK WEBSITE DESIGN has no obligation to review or edit content of the Client Data.
(i) The Client is solely responsible for dealing with persons who access the Client Data, and must not refer complaints or inquiries in relation to the Client Data to MANFREDK WEBSITE DESIGN.
(j) The Client will not use service provided by MANFREDK WEBSITE DESIGN to send unsolicited email.
(k) If there is any claim against MANFREDK WEBSITE DESIGN due to a breach of the Client's warranties, or otherwise attributable to the Client Data, the Client must indemnify and hold MANFREDK WEBSITE DESIGN harmless against all liabilities, losses, damages, costs and expenses (including legal fees and expenses) associated with, or arising out of, the claim.
This agreement will commence on the date of its signing by us or otherwise stated and acknowledged by us.
You may cancel this agreement at any time on one month’s written notice to us.
Subject to earlier termination, this agreement will automatically renew at the end of a 1 month period for further consecutive periods of 1 month, in case of Reseller Hosting and for 12 months in case of Shared Hosting.
We may immediately terminate this agreement by written notice at any time if, without our prior written consent: you breach any term or condition of this agreement; a receiver or receiver and manager is appointed over any of your property or assets; a liquidator or provisional liquidator is appointed to you; you become bankrupt; you enter into any arrangements with your creditors; you assign or otherwise deal with your rights under this agreement; you cease to carry on business; or there is a material change in your direct or indirect ownership or control.
We may also immediately terminate this agreement at any time by written notice if the Carriers cease to provide necessary services to us.
If we terminate this agreement in accordance with this clause and a Carrier "external provider" arranges to supply you services other than through us, you acknowledge that –
(a) the Carrier may not be able to make those arrangements immediately; and
(b) once the Carrier has made arrangements, the services acquired by you from the Carrier will be acquired on the Carrier’s then current tariffs and terms and conditions and the Carrier will bill you accordingly.
Previous or existing customers cannot cancel and re-sign up again to any package valued less than their previous sign up amount. Using a different name or using different person to sign up is not allowed - we will be alerted once a domain is reused again. We record each client's IP address, and domain record ever used on the server. We will terminate clients immediately on breach of this condition.
You can choose to cancel our service at any moment. You must email sales@rvhcloud.com for Account cancellation for cancellation. We reserve the right to cancel service at any time. This will in most cases due to violation of AUP and will be preceded by a warning, however may be immediate in case severe offense. If the client requests cancellation, their account will be terminated immediately unless they specifically state they wish the account to be cancelled at the end of the current billing cycle. If the client specifies immediate account termination or fails to define when the account should be cancelled, we reserves the right to terminate service without notice.
You will keep confidential all information supplied by us and we will keep confidential all information supplied by you.
Your rights under this agreement are personal. You must not assign or attempt to assign any right or obligation under this agreement without our written consent. We may assign all or any of our rights and obligations under this agreement at any time by notifying you in writing.
Any persons signing this agreement on your behalf warrant that they have full power and authority to bind you in respect of this agreement.
Any notice, demand, consent or other communication required to be given to either party must be delivered personally or sent by prepaid mail or by facsimile to the address of the other as last notified.
This agreement shall be governed by and construed in accordance with the law of New South Wales and the parties hereby submit to the non-exclusive jurisdiction of the courts of that State.
This agreement contains yours and our entire understanding to the exclusion of any and all prior or collateral agreement or understanding relating to the Services, whether oral or written.
If any part of this agreement is found to be invalid or of no force or effect, this agreement shall be construed as though such part had not been inserted and the remainder of this agreement shall retain its full force and effect.
The Client grants to MANFREDK WEBSITE DESIGN a license to use and reproduce all Client Data in order to fulfill its obligations under this agreement.
A provision of, or a right created under this agreement, may not be waived except in writing signed by the party granting the waiver, or varied except in writing signed by the parties
The Client may not assign its rights and obligations under this agreement without the prior written consent of MANFREDK WEBSITE DESIGN.
We will process your preferred method of recurring payment on or after your account anniversary by your preferred method of payment. Your preferred method will be indicated by
(a) the order form
(b) modification of your original method via online account modification page, phone or by fax.
MANFREDK WEBSITE DESIGN will communicate to you via your last known email address. It is the client’s duty to inform us of any account changes, failure to do so may result in suspension/closure of your account due to unpaid accounts.
MANFREDK WEBSITE DESIGN may terminate any of its services for any reason by giving the Customer (1) days notice.
In the event that The Customer terminates use of the Service, The Customer shall give MANFREDK WEBSITE DESIGN (7) days notice and will NOT be given refund of any prepaid amount, unless otherwise stated else where by us.
Notwithstanding anything herein contained, MANFREDK WEBSITE DESIGN may terminate the provision of the Service without notice if The Customer breaches any of these terms and conditions.
Each account comes with its own cgi-bin. You are free to use any CGI scripts you wish, however we reserve the right to disable any CGI or other form of scripts that effects normal server operation.
MANFREDK WEBSITE DESIGN, in its sole discretion, reserves the right to temporarily suspend the Service for any reason.
On termination or expiry of this agreement for any reason, MANFREDK WEBSITE DESIGN may delete all Client Data from any storage media.
Content: All services may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any Australian, United States Federal, State or City law is prohibited. 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 us harmless from any claims resulting from the use of the service, which damages the subscriber or any other party. Note: Pornography and sex-related merchandising are prohibited on all servers. This includes sites that may infer sexual content, or link to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the internet. Links to such materials are also prohibited. In addition any site selling or promoting bulk email services is not allowed. Examples of non-acceptable content or links: Pirated software; Hackers programs or archives; Warez Sites; Irc Bots; MP3s or any other method of distributing copyrighted music/sounds. We will be the sole arbiter as to what constitutes a violation of this provision.
Traffic Guidelines - Distribution points; Any site whose primary purpose is file distribution CGI Scripts
Chat Rooms: We do not allow clients to install their own chat rooms. These tend to be large system hogs and we cannot allow it as an account option. We do provide a choice of Java chat rooms for free or a small extra charge that will more than fill your needs and run without hindering the performance of the machine for others.
Background Running Programs: We may allow programs to run continually in the background. These are considered on a one to one basis and an extra charge will be incurred based on system resources used and operational maintenance needed.
IRC: We currently do not allow IRC or IRC bots to be operated on our servers.
Commercial Advertising - Email: Our servers may not be the source, intermediary, or destination address involved in the transmission of spam, flames, or mail bombs. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. Advertising sites on other servers, which in turn contain links to a domain on our servers, is prohibited. We consider spam any mass unsolicited message in the mediums of Newsgroups and Email. If you are found to have spammed, then we will immediately, without warning, disable your domain. In addition, we will impose a $200 USD penalty for each spam policy violation. We reserve the right to refuse or cancel service to known spammers. Lastly, we reserve the right to determine what violates this policy. As such, any violation will result in immediate deactivation of services without refund.
Server Abuse: Any attempts to undermine or cause harm to a server is strictly prohibited.
Refusal of Service: We reserve the right to refuse or cancel service at our sole discretion.
CPU usage must be reasonable, accounts that utilise a considerable amount of CPU usage for any period of time, will be suspended without notice to the client. MANFREDK WEBSITE DESIGN has the right to determine acceptable CPU usage.
