This agreement represents the complete agreement and understanding between Ultima Computer Systems (ABN: 28 566 590 804) and it’s Customer, and supersedes any other written or oral agreement. Please read the following terms and conditions carefully since they govern your use of Ultima Systems network and servers. By accessing this network and any of the equipment therein, you agree to be bound by the terms and conditions below.
Ultima Systems services may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any International Agreement or Australian regulation is prohibited.
Ultima Systems is committed to provide a reliable, high quality network to support our customers worldwide. Delivering consistent access to your data and equipment is a high priority for us and is part of the reason we offer a SLA.
Customer shall pay the initial fees set forth by Ultima Systems, prior to the commencement of service. Thereafter, Customer's account shall be automatically renewed upon expiration and its credit card charged, or other payment received, in advance for the next service period on the day of expiration. Late fees may be applicable for deferred payments which exceed the Specified Due Date of Payment. In the event that Customer shall fail to pay for such services in advance of, for that service period, Ultima Systems is entitled to unilaterally terminate this agreement and discontinue the service provided to the Customer or the applicable account for which payment has not been received. Any service disconnection or suspension will incur a further $25 AUD reinstatement fee.
If a Refund is granted it will apply for complete months only, with the exception of plans including a 7-day money-back guarantee. Dedicated servers are not eligible for a 7-day money back guarantee. Notice of intent to cancel account must be given prior to the commencement of the month in question, and at least ten days prior to the billing date. Setup fees are non-refundable. In cases where the setup fee has been waived for a plan, cancellations will attract a non-refundable setup fee of $25 AUD. Accounts terminated due to a violation of these Terms of Service are not eligible for refunds.
A Service Contract can only be terminated: (i) on at least 30 days notice by either party given after the Minimum Term has expired for that Service; or (ii) in accordance to Sections (2) or (5)
The Customer may choose to terminate any service contract at any time by: (i) giving at least 30 days notice to Ultima Systems; (ii) paying all fees accrued of that service up to the point of termination; and (iii) paying any service fees that would have been payable between the date of termination and the end of its minimum term if the service contract had not been terminated.
To the maximum extent permitted by law, Ultima Systems liability for all claims, actions, costs, losses, damages and other liabilities arising out of or in connection with this agreement (including the relationship established by this agreement or any conduct under it) whether in contract or in tort including negligence, shall be limited to the amount of fees paid by the client to Ultima Systems under this agreement. In no event shall Ultima Systems be liable for any loss of data, loss of profits, cost of cover or other special, incidental, consequential or indirect damages arising out of or in relation to this agreement or the provision or use of the services, howsoever caused and regardless of the theory of liability or form of action, whether in contract or tort including negligence. This limitation will apply even if Ultima Hosts has been advised or is aware of the possibility of such damages.
Clients of Ultima Systems are solely responsible for their own data backups. This includes but is not limited to web, database and email files. In the event of a server crash, disk corruption or deletion of files UItima Hosts will not be responsible for restoring this data. Ultima Systems is also not responsible for any data loss incurred by client's due to inadequate backups.
Client's at all time should have a backup copy of their sites and databases. We encourage you to have a copy of your data located at a different data center and to update this data on a daily basis.
Ultima Systems offers a number of backup solutions including scheduled tasks. These can be purchased via your customer portal. We are also introducing an offsite solution for backing up the entire dot net panel space. VPS's will also be provided with offsite backup solutions.
Ultima Systems reserves the right to suspend or cancel a client's account if the client engages in any abusive behaviour. Abuse behaviour includes making threat, using derogatory or abusive language against Ultima Systems or its staff members. Ultima Hosts reserves the right to withhold any refunds if a client engages in abusive behavior. Abusive behavior also extends to public comment on forums as well as personal emails and tickets.
This Service Contract & any Services Agreement is governed by the law of Victoria, (Australia). Any legal proceedings relating to them can only be taken in courts with jurisdiction in Victoria.
Updated 2nd March, 2009