Section 1: General
- By creating an account with "us", "we", "our", WholeHost Australia; you, "customer" agree to be bound by this agreement. This will apply to all accounts created with WholeHost.
- Creating an account you agree that either you, or the individual responsible for creating the account and / or using the service is at least 18 years of age.
- WholeHost offers a 99.99% Uptime guarantee and will try to honour this to our best ability.
In the extremely rare event the service has downtime, the average downtime will range from 5 minutes to an hour.
We will always give a minimum of 72 hours notice to any planned downtime (emergencies excepted.).
WholeHost accepts no liability whatsoever for any data lost during an event as such.
For more information on this, please view our Service Level Agreement
- WholeHost's 3 day refund guarantee covers a refund for any reason for up to 72 hours after the original transaction.
this does not cover any period after those initial three days
- We provide a refund guarantee that covers any faults relating to the hosting of the service that are major,
although the passing of the refund is down to the discretion of the staff responsible for money management.
This will not cover any Software or service related issues; this includes but is not limited to:
any errors or problems that are caused by custom content, or modding of a service.
Account credits are not refundable. This includes the failure to terminate an automatic PayPal® payment, or overpayment.
- WholeHost is not liable for any consequential results to any business hosting due to the clients action(s).
- The customer agrees they will NOT resell, sub-lease, reassign or transfer all or part of any services.
- YOU agree that any and all illegal activities committed using any of WholeHost's services are YOUR liability,
and will not be permitted.
Any services reported of any illegal activities with sufficient reasoning and/or proof,
will be terminated without warning or refund.
- You agree that services including 'FastDL' and MySQL databases may be subject to a size restriction or quota.
- Clause 3: Content Regulations
- Your server may not (intentionally or not) use excessive server resources determined by the discretion of the WholeHost staff, you will be notified and any errors or problems must be rectified.
- Any of the following lines relate to but are not limited to; Storage, transmission or creation of the following:
- Customers must use WholeHost's services for LEGAL and ethical reasons at all times. Laws applicable are those local to WholeHost. (Australian local and federal legislations and laws.)
- Illegal material of any kind, may NOT be distributed at any point. This includes any content or intellectual property.
- Any forms of P2P is disallowed.
- Any IRC servers or hosting is strictly disallowed and accounts breaching will be terminated without warning.
- Defamatory websites & Content is also prohibited. Any offending material found or reported will be removed. A second account of this will result in account suspension.
- "Bit Torrents" or other similar torrent servers / files are not allowed.
- The customer agrees to fully indemnify WholeHost against all damage, loss, costs, proceedings, expenses (including legal expenses) or liabilities, howsoever suffered or attained due to a lack of coherence to WholeHost's terms OR the user's actions as a whole.
- The customer agrees to pay in full any and all costs (including legal costs) arisen towards them, (or WholeHost) as a result of their actions and or a breach of conduct.
Section 2: Other
- WholeHost does not condone, allow or tolerate any forms of abuse. This includes, mental, verbal and physical abuse toward them, us or any and all customers.
- WholeHost promotes a safe, and comfortable working environment to both it's customers and employees. If you believe you have been treated unfairly, do not hesitate to contact; firstly Riley, founder at riley@wholehost.com.au, and secondly your local authorities.
- Any mistreatment of servers, intentional or accidental, caused by a customer, are the responsibility of the customer.
- Any service you run that we determine to be an excessive detriment to our servers may be throttled or suspended at our discretion.
- Any threats, verbal, written, or digital (direct or indirect) are to be taken very seriously and will be passed on and reported to the relevant authority. This includes but is not limited to; assault, DoS attacks, DDoS attacks, and other network based threats.
- Any form of disrespect to WholeHost, customers or it's employees are not taken lightly and we reserve the right to terminate accounts immediately.
- WholeHost reserves the right to change these terms in full at any point with / without warning.
Section 3: Services Hosted By Our Benefactors
- Clause 1: Servers Australia
-
As of 09/03/2017, WholeHost Australia sells services such as dedicated servers via Servers Australia
By using these services, you agree to their Customer Relationship Agreement (Formerly General Terms & Conditions)
Failure to do so may result in a service termination and lack of refund.
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Your personal information will be collected by us in accordance to our Privacy Policy, and certain information may be relayed to Servers Australia in the course of legal requirement or by your request.
Servers Australia's Privacy Policy can be found here.
Privacy Policy Updated - 24/02/2017
What information do we store and collect?
WholeHost will request information such as First Name, Surname, eMail Address, Phone Number, Address (Billing), credit card information, business name or any other information necessary for billing clients or third parties.
What do we use this information for?
We will use this information to ensure necessary contact can be made between us and the client in the event we may need to contact you / the party.
This information can also be required by law in efforts to prevent money laundering or any other illegal activities.
Information stored can also be used to send promotional emails on the occasion.
How do we protect your information?
Information is stored in secure databases in high-security locations, under 24/7 guard.
Any and all information that has a potential to be sensitive will always be transmitted over a secure (HTTPS) protocol, using enterprise grade communication encryption.
Do we use cookies?
WholeHost does use cookies in order to perform secure login authentication, these cookies can also be used by our shopping cart software.
Do you disclose, sell, or distribute any client information?
Never. WholeHost will never distribute any client information, with the exception of legal authorities with applicable warrants / information requests.
We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety.
Consent
By using our services, you are giving consent for us to, in following these regulations, obtain your information.
Service Level Agreement Updated - 24/02/2017
Response Time
Sales
WholeHost Sales are available 8/5. This means 9AM-5PM, Monday - Friday.
On the occasion, a technical team member working the technical support may have an answer to your sales question, if not you will get answers upon next working hour.
Live chat features are intended to be a way to communicate in bulk, we will occasionally miss a live chat request, you are always able to send an email to contact@wholehost.com.au to arrange a live chat with a sales member.
Support
Support members are available most hours of the day, hours are not set and are fairly flexible, although they are typically available 18+ hours a day.
Up-Time
WholeHost Australia guarantees that our network uptime will be 99.9%. This guarantee
assures that all major routing devices within our network are reachable from the global
internet 99.9% of the time. In the event of downtime, excluding major failure, (or failure out of our control), downtime should not exceed 1hr.
This figure is not accommodating for scheduled maintenance. For more information on exclusions please see below.
Up-Time SLA Exclusions
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Scheduled Maintenance:
| Type |
Notice |
Duration |
Period |
| Planned |
72 Hours |
<4 hour |
9PM-5AM |
| Un-Planned |
24 Hours |
<30 mins |
9PM-5AM |
| Emergency |
N/A |
<10 mins |
24 hours |
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Malicious Attacks
If a third party not associated with WholeHost Australia initiates a "Denial of
Service" or other form of disabling attack against your hosting or major portions
of the WholeHost Australia core network, WholeHost Australia will do everything in
its power to stop the attack, but cannot guarantee a resolution time.
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Legal Intervention
In the event of a party taking legal action against a WholeHost Australia customer, their service, access to and from it may be held.
This will not be covered by our SLA.
Service Level Agreement Claims & Compensation
Claims made in accordance to out SLA, compensation will be in the form of account credits to the total of 10 x (1000%) of the downtime, to a limit of the monthly service cost.
Claims can be made by contacting contact@wholehost.com.au with a request detailing your issue.
