Overview Hosting Terms You acknowledge and irrevocably agree that: Any reliance you place on any representation(s) on other pages of the Site are subject to the terms and clarification specified in this Agreement; You can only expect Services in accordance with the terms of this Agreement; and In the event of any inconsistency between the representation(s) on other pages of the Site, and this Agreement, the terms of this Agreement shall prevail over the representations - and your expectations of the Service shall be limited to the representations in this Agreement. Setup It is your responsibility to ensure that any applied hosting package application is completed and activated ready for full use. Quoted times for account activation are estimates and we do not guarantee or imply activation within the quoted time frame. We may delay or refuse activation if: Payment is not cleared or received in full; We believe the order, information or payment is fraudulent; You have any funds outstanding with relation to any other account; The domain name quoted does not exist, is in a non-usable state (e.g pending renew) or deemed to be proposed for use that voids our Acceptable Use policy; There is any other reason which we deem satisfactory. We may send notification of hosting activation however: Your contact details must be correct and up to date; This is not the final word that your hosting is fully active and ready for use; and You must ensure the hosting is fully functional. You release us of any claim arising from failed hosting activation whether at fault of our system, our staff or any other factor out of our reasonable control. Service Levels We will endeavour to maintain network stability and satisfactory service levels, however you irrevocably agree that: We may from time to time perform routine maintenance, service and upgrades. We will endeavour to act on such instances at the most convenient times and provide reasonable notice by any means we deem satisfactory; We may experience outages beyond our control caused by any of the following; force majeure (any 'act of god' including those induced by negative human activities), war, invasion, act of hostilities, civil war, rebellion, military power or confiscation, terrorist activities, nationalism, governmental/quasi-governmental sanction, restraint, embargo, prohibition or intervention, blockage, labour dispute, general strike, lockout or failure of utilities (electricity, telephone, etc), failure of hardware (our hardware as well as third party), failure of software, failed software or hardware upgrade or any other failure as caused by us, our suppliers or any third party; We may, at our discretion provide notification of outages whether planned or unplanned; and You release us from any claim or potential claim with relation to outages and any loss of business/service suffered by you or any third party. Third Party Services We may provide services directly or via a third party. Third party services may be subject to specific agreements as supplied by them. By applying or using any service offered by us you must agree to this agreement and any agreement of our third party suppliers. Terms/Representations We offer this Service at budget prices on the basis we deliver a budget Service (for example, compare also review of flights with Tiger Airways and review of flights with Singapore Airlines). For a premium level of Service, a premium price would need to be paid. You must contact us prior to making a purchase if you wish for a premium level service to ensure this option is available. This is not an archival service. You are solely responsible for maintaining independent back-up copies of your data. We expressly disclaim any liability or responsibility for any loss, damage or destruction of your data, distribution lists, or any other content. Suspension & cancellation You expressly and irrevocably agree that we reserve the right to suspend/cancel any/all Service if: You have any outstanding invoice or account; Your account is in dispute or dispute resolutions procedure, court order, judgement, findings or determination; You fail to comply with any provision in this agreement or those referenced in this agreement; There is evidence of fraudulent, illegal, defamatory, offensive activities, or any activity in breach of a third party's rights; We deem your use of our services may jeopardize the operation of the service, us or our suppliers; or We deem any other reason as satisfactory to protect us, our staff and/or our suppliers. If your account is cancelled under this agreement: You must pay all outstanding charges to us immediately; We may revoke/terminate any license issued to or by you in relations to the services as of the date of cancellation; We may immediately delete all data held prior to cancellation; and We may perform any action without notice. Hosting cancellation We hold the right to suspend/cancel/terminate any hosting service for any of the following: Non-payment or failure to renew service; Chargeback/reverse of payment; If we have reason to believe you are not using the services in accordance with this service agreement; If a competent regulatory authority/body requires us to do so; or At our sole discretion. Service provision may also be suspended/cancelled or terminated: If you are in breach of this agreement or registry operator policy. We may give you notice identifying the breach and requiring remedy with a specific time frame; or If you do not comply with our breach notice. You release us of any claim arising from suspension, cancellation or termination of any service. Hosting Transfer The Hosting Transfer service is available as an opt-in addon to a Hosting plan purchase and is prescribed to assist with transferring hosted email and websites from another provider to iTech Matters. You may only apply and process one Hosting Transfer per unique Hosting account/package. If you wish to transfer additional websites you must process a new Hosting Transfer with a new Hosting package included. We do not make any guarantees in transferring email and web hosting regarding: Success of transfer. We may only be able to migrate a portion of your account, other elements may require your partial or complete management; Speed of transfer. We will endeavour to complete the migration within 48 business hours, however there may be instances where completion of the migration may extend well beyond this time frame; Compatibility. It is important to note that whilst we will make every effort to ensure that there is maximum email and web hosting compatibility from the old host to iTech Matters, due to software complexity it is not always possible to ensure 100% compatibility of applicable software with the new server. It is your responsibility to ensure that you have purchased a web hosting plan specified to support your email and website as well as performing a complete test of your services post transfer; or Completion. It is your responsibility to ensure that all necessary files and settings have been migrated to completion. We endeavour to ensure that all of the above items and any other factors relating to a web hosting transfer are done to maximum effect and have installed a solid process and policy to govern the management of a migration however we shall not be held liable for any failure, damaged or lost data to iTech Matters. It is your sole responsibility to maintain a full back up of your data and files.