We may modify and update these Terms at any time, without notice. You need to ensure you review the Terms from time to time. In using our website and services and signing up for the subscription, you agree to be bound by these Terms as well as any and all general Terms and Conditions posted on our website from time to time, including the Acceptable Use Policy.
“Content” means any and all material, links, words, images including but not limited to any goods and services the subscriber stores or shares through any of our hosting packages.
“INDx Media” means BOR DESIGN LTD.
“Services” means website hosting, reseller hosting, website design, use of virtual private servers and any other products available on our website.
“Subscriber” means a subscriber to the Services on this website.
“the website” and “our website” means https://www.vwscloud.com.
“We”, “our” and “us” means INDx Media.
“You” and “your” means the Subscriber to our services.
We agree to provide all Services in a professional manner and in accordance with generally accepted industry practice and standards.
a. Web Hosting
If you are migrating your website from another host, we can migrate your website for you free of charge if your site is moving from a host that uses cPanel. If you require us to migrate your site for you from any other type of hosting solution, there may be a one off fee of $50 for our migration service.
Each web hosting package comes with a specified monthly storage and bandwidth limit. Your bandwidth limit is determined by the package you subscribe to. We monitor your storage and monthly bandwidth usage. You can check on your storage and bandwidth use by accessing your account at any time. The bandwidth calculations are updated daily and are not in real time.
You will receive automated emails to advise you when you are approaching your bandwidth limit. Once you reach your bandwidth limit, your website will no longer be displayed, and a ‘Bandwidth Exceeded’ message will instead be displayed to any party visiting your website until you either upgrade your hosting package or you bandwidth usage is reset. Bandwidth usage is reset on the 1stof every month.
If your storage use exceeds the storage limit that applies to the package you subscribe to, we have the right to take corrective action to reduce your storage use to an amount that does not exceed your limit, including deleting any of your Content or terminating your Services. Such action may be taken in our sole and absolute discretion, and we do not accept any liability for any loss or damage that arises as a result of the corrective action.
Any disc and bandwidth usage over the allowed limits will be charged at $1 per GB over, charged per MB.
b. Domain registration
Your registration of a domain name is not perpetual. You hold a licence to a domain name for a specified duration. Domain names must be renewed periodically at your expense. The duration of your domain registration depends on a variety of factors including the maximum allowable for a particular country code or generic descriptor first level domain extension, and the number of years you elect to register the domain for (in circumstances where you have the flexibility to nominate the duration). For .au domain names, the standard domain name licence period is 2 years.
In the lead up to the renewal date of your domain name, you will receive notifications from us to remind you that your domain name is due to expire.
We are not liable for any loss or damage that you incur as a result of your failure to renew a domain name by its expiration date.
c. Virtual private servers
If you have subscribed to the use of virtual private servers, you agree to adhere to security best practices, including the recommendation to change of administrator passwords on a regular basis. We are at no time responsible for any lost data on your own virtual private server unless you are using and have subscribed to our INDx Media backup service.
The website hosting you may subscribe to as part of your Services includes limited hosting support as part of your package.
Hosting support includes:
· Notifications when your hosting or email accounts are running out of space;
· Recovery of corrupt and/or lost data (where possible); and
· General support queries
Support for the Services is provided at no additional expense by submitting a ticket at https://www.vwscloud.com/members/submitticket.php.
During our usual business hours, we will endeavour to respond to your ticket within 30 minutes. Support includes but is not limited to unexpected server outages and unexpected interruptions to Services.
Support outside of our usual business hours is not guaranteed, and may not be immediately available.
In the event that a request for support is not related to a Service emergency or a Service provided by INDx Media, you may be invoiced for costs incurred at the prescribed rate. Services which incur additional fees include debugging of script related issues, items which you may have used, uploaded or caused to your account and similar support for which additional charges apply. We will advise you at the time of your request of additional fees and charges.
For Subscribers to Services involving managed cPanel servers, we provide setup for cPanel servers, managed Firewall setup, install intrusion detection software, setup backup and email reports for the firewall and intrusion software effectiveness and provide 24×7 service monitoring.
3. FAIR USE
In order to preserve the integrity of INDx Media’s Services and provide all Subscribers with INDx Media’s 99.9% uptime guarantee, INDx Media must be able to regulate your use of server resources. Therefore, you agree that you shall not use excessive amounts of server resources (such as, but not limited to, CPU & Memory usage) on any of INDx Media’s servers. We define “excessive amounts of server resources” as using any form of server resource in a manner which noticeably hinders the quality of any service. You agree that you are responsible for assuring reasonable server resource usage. Any violation of this policy may result in immediate account cancellation and imposition of an administrative fee of $50.00 (NZD). We will not refund to you any fees paid prior to such cancellation and you will be obligated to pay all fees and charges accrued prior to the cancellation, including all charges for all Services for each month remaining in your package. We reserve the right to determine, in our sole and absolute discretion, what constitutes a violation of this provision.
4. PRICING AND PAYMENT
The pricing for each of the Services that we offer are detailed on our website. For fixed price Services, INDx Media reserves the right to change the pricing:
· in the event where a third party supplier has changed pricing which affects our delivery of services to you;
· in the event where any variation to an order or Services is made by you;
· where additional costs are incurred due to the specific licence fees or other additional costs to meet your requirements; or
· as otherwise determined by INDx Media when your contract period expires.
In any event where there is a variation to pricing, you will be notified in writing, electronically or otherwise.
Services may be billed on a one-off, monthly, every 3 months, bi-annually, annualy or every 3 years basis depending on the Service you have subscribed to.
We also offer custom services for your website and hosting. Please ask us for a quote.
a. Periodic Subscription Fees
INDx Media does not extend credit to Subscribers. All Services must be paid for in advance of any delivery of service.
In the case of Services which require periodic subscription fees, including monthly and annual fees, you must pay the subscription fee in advance. No refunds will be given for months remaining where you have cancelled your Service before the end of the period.
b. Automatic Payment Methods
By providing your credit card or other direct debit details, you authorise us and agree to the subscription fee being automatically deducted from your credit card or other nominated payment method at the beginning of each period unless you or we cancel the subscription in accordance with the below cancellation terms.
If a credit card is stored in the Account it will be charged three (3) days prior to the due date to allow sufficient time for any potential issues (such as insufficient funds, expired cards, et cetera) to be rectified before the due date.
It is your responsibility to keep your contact and payment details up to date. If we do not receive prompt payment in accordance with our subscription terms, we have the right to suspend your subscription. Please note that this may have serious consequences which may result in your website being unavailable, losing your domain rights or other consequences for which we cannot be held responsible. We will notify you, wherever possible, prior to any such suspension.
c. Credit card chargeback
If you initiate or there is a chargeback on your credit card for INDx Media’s fees payable for the Services, you will be subject to an administrative fee of $50.00 (NZD) per chargeback, re-payment of the amount(s) originally charged to the credit card and our Services may be termination in our sole discretion.
d. Failure to make payment
We provide your invoice 14 day before the due date. If you fail to make payment within 7 days of the due date, your Service will be suspended. This may mean that any websites you are hosting on our servers may not be accessible or available.
If you fail to make payment within 30 days of the due date, your Service will automatically be terminated. This may mean that any content that you have uploaded or stored on our servers will be irreversibly deleted.
We accept no responsibility for any loss or damage that you may incur as a consequence of the suspension or termination of your Service or any lost data, files or website content.
e. Refund Policy
If you are not completely satisfied for any reason at any point in time during the first 30 days of purchasing a hosting package from INDx Media, a full refund of the hosting package will be issued to you. The full refund does not include any additional upgrades purchased after the initial date of purchase. The 30 day Money Back Guarantee does not apply to you if you have violated these Terms or any other INDx Media Policy, and is only available once per customer.
The 30 Day Money Back Guarantee does not apply to any additional items or services that you may have purchased at the same time or after you purchased a hosting package, including domain names, dedicated server packages, SSL certificates or software licenses. Additionally, the 30 Day Money Back Guarantee does not apply to you if you have previously closed or terminated a web hosting package from INDx Media. Applying for the 30 Day Money Back Guarantee must be completed within seven (7) days of cancelling your hosting package. We reserve the right to determine, in our sole and absolute discretion what constitutes and what amount constitutes the 30 Day Money Back Guarantee refund.
Refunds cannot be provided for domain names, software licences, dedicated servers and SSL certificates.
If your hosting package entitled you to free registration of a domain name, and you elected to register a domain name on that basis, any refund that you receive for the hosting Services in accordance with the 30 day Money Back Guarantee will exclude the reasonable expense incurred by us in registering the domain name you requested.
5. AGREEMENT FOR SUBSCRIPTION SERVICES
To be eligible to subscribe to our Services, you acknowledge and agree to the following:
· You will not share your password or login details with any other person and you will keep your contact, payment and other information updated;
· You warrant that all information you provide is true, correct, up-to-date and accurate personal information and details;
· You acknowledge that your use of the Services requires a certain amount of knowledge and skill, including technical know-how, and INDx Media is not responsible for ensuring that you are capable of using the Services;
· You will use the Services only for lawful purposes and in accordance with these Terms and all policies and guidelines that may apply;
· You agree you will not allow INDx Media equipment and Services to be used for activities specifically prohibited by the Acceptable Use Policy posted athttps://www.vwscloud.com/acceptable-use;
· You will not transfer, sublicense or grant access to any of our Services to any other person, company, business except as agreed in these Terms;
· You warrant that any Content you store or share as a result of the provision of these Services is either owned by you, or you have license to use and republish the Content. You will fully indemnify us against any and all claims including by you or any third party for use of this Content;
· You are at all times responsible for keeping all software in your hosting account up-to-date and ensuring you keep your account backed up on a regular basis.
· You engage the Services at your own risk and agree to hold us harmless from any and all claims that may be brought against us as a direct or indirect result of providing the Services to you.
We make no warranty that the website services will meet your requirements or be available on an uninterrupted, secure or error-free basis. We will use our best endeavors to ensure the website is always available and virus free but from time-to-time, and in some instances, this may not be the case as it may be out of our immediate control. We will endeavor to notify you if the website becomes unavailable for any lengthy or unusual time period.
In order to provide the full suite of Services to you, we engage third party providers to enable access to the Services. This includes the use of Synergy Wholesale for domain registrations. You agree and acknowledge that the website uses third party vendors and hosting partners to provide the necessary software, hardware, service and storage.
You agree you will not transmit any viruses, malware, worms, etc. of any kind and that you will not upload, post, host or transmit unsolicited material or messages to the website.
7. CANCELLATION AND TERMINATION
TO CANCEL YOUR SUBSCRIPTION: You are solely responsible for cancelling your subscription through our website. You must cancel by logging into your account and cancel your subscription via the menu or by otherwise opening a support ticket within your account and requesting cancellation in writing to us.
We require 30 days notice to cancel any subscription prior to the renewal date, to ensure you are not charged for the next month. If we do not receive your cancellation notice 30 days prior to the next monthly payment date, you will be charged the monthly fees for the next month.
No refund of any amount will be paid for Services cancelled prior to their respective expiry date, except in accordance with the Refund Policy above. Under no circumstances will we refund any fees associated with the registration of a domain name.
WE MAY TERMINATE YOUR SUBSCRIPTION AT ANY TIME: We have the right to terminate your subscription for any reason, at any time. You agree that we may, in our sole discretion, terminate or suspend your access to the website with or without notice and for any reason, including, without limitation, breach of these Terms or the Acceptable Use Policy. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your subscription and may be referred to the appropriate law enforcement authorities.
Upon such termination, regardless of the reasons, your right to use the website immediately ceases and you acknowledge and agree we may immediately deactivate or delete your account and all related information and files. We may also bar you from any further access to our website. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
We are not required to provide any refund or part thereof to you for such termination of your subscription. Any refund may be determined in our sole discretion.
8. MODIFICATION OF WEBSITE AND CONTENT
We reserve the right at any time and from time to time to remove, delete, alter or amend any Content, Services or our website. In particular, if we believe the Content to be inappropriate, potentially breach regulations, receive complaints or for any other reason and in our reasonable discretion, we may remove or modify Content at any time without notice. We shall not be liable to you or any third party for any modification when it is required.
We reserve the right to disclose your name and any other personal details to any law enforcement authority or other competent authority or to any person for the purpose of legal proceedings, prosecution, investigation or any breach, alleged breach of the law or these Terms.
You agree and acknowledge that we are not liable for any direct, indirect, consequential or incidental loss or damage which may result from your use of the Services, our website, or any information contained on it or linked to it, or from any termination of your Services in accordance with clause 7. For the sake of clarity, in no event will we be liable for any consequential, indirect, incidental or special damages of any kind including any damages for loss of revenue, profits, damage to reputation, interruption of business, loss or use of data even if the possibility of such loss was made known to us.
This limitation of liability clause includes any reliance by you on the information on the website, access to or inability to use the website. You assume all risk in using the Services and we cannot be liable for your use of or reliance on this Service. While we endeavor to keep the website up-to-date and correct, we make no representation or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Services for any particular purpose and provide it for your informational purposes and out of our own analysis. Any reliance you place on such information is therefore strictly at your own risk.
Certain legislation including the New Zealand Consumer Guarantees Act and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of Services by us to you which cannot be excluded, restricted or modified (Statutory Rights).
Our liability is governed solely by the New Zealand Consumer Guarantees Act and these Terms. We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights.
Except for your Statutory Rights, all goods and services are provided to you without warranties of any kind, either express or implied; and we expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose.
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
10. INTELLECTUAL PROPERTY
All custom graphics, icons, logos and service names on our website are registered trademarks, copyright, trade or service marks of INDx Media.
Nothing in these Terms grants you any right to use any trademark, service mark, logo, and/or our name or any thing you access through our Services.
You agree and acknowledge that we retain all right, title and interest in the Services, including but not limited to the inventions and intellectual property rights contained or embodied within the Services.
You are solely responsible for obtaining written permission before re-using any copyrighted material that is available on this website. Any unauthorized use of the materials appearing on this website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
11. INDEPENDENT CONTRACTORS
Nothing in this Agreement will be construed as creating a partnership or relationship of employer and employee, principal and agent, partnership or joint venture between you and INDx Media. Each of INDx Media and its Subscribers will be deemed an independent contractor at all times and will have no right or authority to assume or create any obligation on behalf of the other.
12. GOVERNING LAW