Fastdot acts as a neutral provider of web hosting services to the global Internet. Fastdot may suspend services provided to you or cancel your account if determined that you have violated Fastdot policies. Fastdot is required to enforce the Acceptable Use Policies of our upstream network providers. These include, but are not limited to: Telstra, Optus and Verizon. Customer agrees to the following terms of service:
Please be aware that you MUST follow Fastdot's formal cancellation process Customer agrees to a minimum contract term for services as specified by their chosen billing cycle, unless otherwise agreed to in writing. The contract for services is automatically renewed each renewal period (1, 3, 6, 12 or 24 months) in perpetuity, subject to receiving a formal cancellation request by the Customer.
2. Service Fees
Fees for service(s) ordered by the Customer shall begin on the date of the initial order and that date shall serve as the anniversary date for all future billings including one time fees, upgrades, additional services, cancellations and service credits. Fees are due in advance of the service cycle (1, 3, 6, 12 or 24 months) and will be billed on the anniversary date of rebilling period.
3. Upgrade and downgrade Fees
- Upgrades ordered on the billing anniversary date will be billed for the full service and will continue on each anniversary date.
- Downgrade requests (package or billing cycle) need to be submitted at least 7 days before the new billing cycle.
Note: only up-to-date accounts can be upgraded or downgraded.
4. Additional Service Fees
Additional services ordered on the billing anniversary date will be billed for the full service and will continue each billing cycle on the anniversary date. Additional services ordered after the normal anniversary billing date will be pro-rated to the next anniversary date and billed as a one time pro-rata charge. Future charges will appear as full fees added to your existing anniversary billing date.
5. One Time Fees
One time fees, such as setup fees, administrative fees, bandwidth overages and late fees are due and payable at the time they are incurred, and agreed upon in writing or via ticket with approval.
6. Service Credits
Service credits will be issued to your Customer account and shall be used to automaticaly offset all future billable services as soon as the service invoices have been generated. Service credits shall not be issued as cash back to the Customer nor are service credits transferable to other account holders.
7. Cancellation by Client:
If for any reasons you to wish to cancel any services, Fastdot requires a thirty (30) day formal cancellation notice prior to the renewal billing date for discontinuance or downgrades of services. Please be aware that you MUST follow Fastdot's formal cancellation process in the proper timely fashion to give an effective notice of non-renewal cancellation. Formal cancellation can ONLY be submitted from your Client Area located at: https://my.fastdot.com.au/clientarea.php. Please use the Client Area username / password combination predefined in your Customer Welcome Email! Once logged in, navigate to Portal Home > Client Area > My Products & Services > Product Details and select Management Actions > Request Cancellation Failure to follow Fastdot's formal cancellation process with the requisite thirty (30) days effective notice will result in the account being re-billed as per the current billing cycle and no refunds can be issued.All customer data remaining after the cancellation date will be destroyed for security and privacy reasons. The customer is responsible for all money owed on the account from the time it is established to the time that cancellation has been confirmed by Fastdot. Transferring your domain name(s) or service(s) away from Fastdot does not mean your account is automatically cancelled. You must notify Fastdot to cancel your account, using the method listed above.
8. Cancellation and Termination of Services by Fastdot
Fastdot reserves the right to cancel your service at any time. If your account is cancelled because you have violated Fastdot usage policies, no refund will be provided.
All payments are due in full on the anniversary date. Failure to remit payment for services on the anniversary date is a violation of the TOS. A late fee of 10% will be incurred for failure to remit payment for services on or before the anniversary date. Failure to remit payment for three (3) consecutive days, including the anniversary date, shall result in a termination of public access to Customer services. Failure to remit payment for services within seven (7) consecutive days, including the anniversary date, shall result in termination of access to the service network and all services shall be reclaimed. All Customer data remaining after seven (7) days of non-payment will be destroyed for security and privacy reasons.
10. Refunds & Disputes
An additional one-off administration fee of $55 will apply to all refunds issued. This does not apply to recurring account fees, please refer to clause 7 of these Terms and Conditions All services are non-refundable. This includes, but is not limited to: setup fees, one time fees, renewal and service fees, upgrade fees, additional service fees, administrative fees, and late fees. Customers seeking to resolve billing errors are instructed to open an billing ticket inside the Client Area located at http://my.fastdot.com/ Customer agrees not to chargeback any credit card payments for services rendered. A chargeback of payment for services rendered will result in an additional charge of $150 and will be subject to collection by an authorized collection agency.
9. Lawful Purpose
Fastdot may refuse service to anyone. You may use Fastdot services only for lawful purposes. You may not transmit any materials that are in violation of any Federal, State or Local laws. You may not transmit any copyrighted materials or material protected by trade secrets. Fastdot will make the decision as to whether materials violate its policies.
10. Specific Acceptable Usage Policies and Unauthorized Use
Fastdot will strongly react to any use or attempted use of an Internet account or computer without the owner's authorization. This includes "social engineering" (tricking other people into releasing their passwords), password cracking, security hole scanning, etc. Any of these actions by a Fastdot customer, whether or not the attacked account or computer belongs to Fastdot, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, according to the seriousness of the attack. Fastdot may deny use of *.Fastdot.com third-level domain names which are found to be obscene, offensive, or pornographic. Content which is referenced by a *.Fastdot.com third-level domain may not be obscene, offensive, or pornographic. Determining these criteria is within Fastdot's sole discretion.
11. Setup of Accounts
Fastdot endeavours to setup all shared hosting accounts within 24 hours, however, we reserve the right to delay setup of an account for fraud checks. Dedicated servers are setup within 7 days of the order being received.
12. Scripting and Development Support
Scripting and development support is outside of the realm of Fastdot's hosting support boundaries. Clients must communicate directly with their web developer or designer regarding any queries relating to the development and managment of the client's website and scripting.
The backup of customer data is the customer's responsibility. Fastdot is not responsible for the files on customer accounts. If an account is cancelled, data recovery is not possible.
Fastdot reserves the right to suspend or terminate an account without prior warning if the following conditions have been met:
- The customer account is compromised,
- The customer account is abusing the server resource limits,
- The customer account is sending unsolicited bulk emails; or,
- The customer account is in direct breach of our Acceptable Usage Policies:
- Activities which are explicitly forbidden by our Acceptable Usage Policy including, but not limited to:
- Online Game Servers
- Internet Relay Chat
- Proxy Servers
- Sites infringing on Copyright content, such as Illegal Warez sites
- Online Gambling
- Sites with illegal pornagraphic content
- Voice or Video on Demand services
In accordance with clause 25. Indemnification, Fastdot is NOT liable for any damages or expenses incurred by terminating account(s)
15. Account Security
Fastdot accounts must only be accessed by the authorized account holder, and it is the account holder's responsibility to maintain a secure password. Customers must not distribute their username and password to any other individual or third party.
16. Website Security
Whilst Fastdot employs prorotective mechanisms to help protect against website vulnerabilities, it is the client's responsibility to maintain the security of their website scripts and to keep their web applications up to date to address vulnerabilites as they are recognised.
Technical support will only be provided to the authorised account holder or the authorised technical contact for an account as listed in our client billing area. The authorised account holder has the ability to add one additional technical contact to their account for the purpose of support only and the request for this contact to be added must be submitted in written form via our helpdesk. An authorised technical contact does not have the ability to request changes to be made to an account’s billing information, usernames or passwords. All support requests must be submitted via our online helpdesk https://my.fastdot.com/ and include the appropriate identity information to determine the person submitting the request is authorised to submit such requests. All support requests will be replied within 72hours. Installing, configuring, and troubleshooting third-party applications is outside the scope of support provided by Fastdot. Due to the quantity and evolving nature of software solutions, it is not feasible for us to keep up to date with every solution available. You are fully responsible for the installation and correct operation of any and all 3rd party scripts and applications. We will not provide any support relating to issues with 3rd party scripts or applications.
17.1 Escalation Procedures
Fastdot is committed to delivering high-quality products and support to our valued customers. All initial and escalated support enquiries must be formally submitted via the Fastdot Client Area, https://my.fastdot.com/. In the event that you need to escalate a case, our senior technical staff are ready and available to help you quickly bring your issue to closure.
18. Reseller Support
Resellers are responsible for their own customers support issues. All support requests regarding a reseller's customers must only be made by the authorized reseller account holder themselves for security reasons.
19. Insecure scripts
Fastdot places restrictions on certain types of script being installed on our servers due to security concerns. If in doubt as to whether your script is suitable for a shared environment, contact us via a Support Ticket.
20. Server Configuration and Security Upgrade Policy
Server upgrades will need to be performed periodically. We will endeavour to provide at least one (1) week notice prior to scheduled updates. However, we reserve the right to perform emergency upgrades of our servers at any time to fix known vulnerabilities and secure our shared hosting environments.
21. Spam and Mass Mail Out Policies
If you send unsolicited email or cross post to Usenet newsgroups, you may be subject to immediate cancellation. Fastdot may cancel your account and terminate your services immediately, with no prior notice and no refund of unused service fees.
22. Payment Policies
All major credit cards are accepted. Processing is done via 3rd party International Creditcard merchant.
22.1 Initial Fees
Payment of the setup fee and first period's charges are required for Fastdot to activate your service. Setup fees are non-refundable. Fees for domain name setup, renewal, or transfer are non-refundable. Fastdot will notify you by email if the initial charge to your card is declined. A second attempt to bill the card will be made in three days. If the card is again declined and you have not provided alternate valid credit card information, Fastdot will cancel your order. Please note that services will not be activated until payment is received. Payment by Check or Direct Deposit requires prior authorisation by Fastdot. Please open a Support Ticket from your Client Area to ask about Direct Deposit / Check payment methods.
23. Recurring Charges
You must pay for your service by the first day of each billing cycle. Billing cycles are based on when you initially signed up for service. When paying by credit card, the client aggrees that Fastdot automatically charge their credit card on the first day of the billing cycle . Your account will be suspended if three attempts to charge the card are declined.
24. Pricing Policy
Fastdot will not change your fees during the middle of your billing cycle. If fees change, they will go into effect the first day of your next billing cycle. If you signed up for Fastdot under a special promotion and you change your services, the special promotion pricing will no longer be valid for your new services.Fastdot may change package features and specifications at its discretion.
Customer agrees that it shall defend, indemnify, save and hold Fastdot harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Fastdot, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Fastdot against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Fastdot's server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customer from Fastdot's server.
Fastdot will not be responsible for any damages customers or their enterprises may suffer. Fastdot makes no warranties of any kind, expressed or implied for services we provide. Fastdot disclaims any warranty, merchantability or fitness for a particular purpose. The includes loss of data resulting from delays, non-deliveries, wrong delivery, any and all service interruptions caused by Fastdot and its employees. Fastdot reserves the right to revise its policies at any time.
27. Limitation of Liability
28. Privacy Statement
The privacy and security of data of our users is of the highest importance to Fastdot Web Hosting. Fastdot is committed to safeguarding the information Users entrust to Fastdot. To protect your data we have put in place suitable physical, electronic and managerial procedures in order to safeguard and secure your data at all times.
29. Disclosure of Information
Unless we are explicitly obliged or permitted by law to do so, your personal and account data will not be disclosed to third parties. Fastdot will not disclose the personal and account data of Fastdot customers unless Fastdot has reason to believe that disclosing such information is necessary to identify, make contact with, or bring legal action against someone who may be causing harm or interfering with the rights or property of Fastdot, Fastdot customers, or others, or if Fastdot is obliged or permitted by law to do so where Fastdot has a good faith belief that such disclosure is required by law. Fastdot also will not, except for reasons stated below, disclose to third parties the contents of any electronic mail or other electronic communications that Fastdot stores or transmits for it’s customers. The circumstances under which Fastdot will disclose such electronic customer communications are when:
- It is necessary in order to provide service or support to the customer.
- It is necessary to protect the legitimate interests of Fastdot and Fastdot customers.
- It is required for cooperation with relevant law enforcement agencies under the governance of NSW Law. Such as interception orders, warrants, or other legal processes that Fastdot determines in it’s sole discretion to be valid and enforceable.
- It is necessary to provide to a law enforcement agency when the contents are inadvertently or as above obtained by Fastdot and appear to pertain to criminal activity.
30. SERVICE LEVEL AGREEMENT (SLA)
30.1. Fastdot's Service Level Agreement sets out the performance you can expect from us. To the maximum extent applicable under national law and without affecting your rights as a Consumer, this SLA is your sole and exclusive remedy for downtime, or any network, software, hardware or Equipment failure.
30.2. We guarantee network uptime 99.9% on an annual base. If we fall below the guaranteed network uptime, we will compensate you as follows:
99.9% - 99.00% uptime: 1 month free hosting
An additional month of free hosting for every 1% of uptime lost below 99.00%.
30.3. You may check the status of your hosting server uptime from your User Area. You may contact our customer service team if you believe an SLA event has occurred. Compensation is limited to the length of your current Term, but cannot exceed twelve months.
30.4. The following events do not count towards our calculation of uptime:
Emergency maintenance, hardware and software failure remedied under 1 hour;
Downtime caused by DNS and/or IP address changes for which you have been notified, but you failed to set your configuration;
Distributed denial of service (DDOS) attacks, hacker attacks, and other similar events;
Downtime caused by you, your own configuration, or third-party applications you use;
Downtime caused when you reach the maximum resources allocation for your plan;
Downtime caused by your violation of these TOS or any other policy announced on our website;
Downtime during upgrade/downgrade of your Cloud or Dedicated Server resources;
Downtime during processing of your technical support request(s); or
Force majeure or any event beyond our control.
30.5. Our calculation of network availability is based on our internal records. We will not accept third-party reports as evidence that you are entitled to a compensation under this SLA.