Terms of Service
1. “Customer” means the person or entity who ordered services provided by Boab Hosting.
2. “Customer Service” means the relationship between Boab Hosting staff and the Customer, with the purpose of assisting the Customer with a question they have asked.
3. “Service”, “Service(s)” or “Services” means any product(s) or service(s) the Customer has signed up to use. This can include, but is not limited to, the provisioning of space on one of our servers and a connection to and from the internet for web hosting and SFTP services to function at the level specified in the chosen service level, or SSL.
4. “Ticket” refers to a secure electronic message sent by the Customer to Boab Hosting for any questions they may have with any Service(s).
5. Boab Hosting (hereinafter, “Boab Hosting,” “we,” “us,” or “our”) provides managed WordPress hosting services, software, and support through our Boab Hosting application, website, and other related applications, services, and personnel (collectively, the “Services”). The websites created and managed by our Clients through our Services are collectively referred to herein as “Client Websites”. The third-party visitors of Client Websites are referred to herein as “End Users”.
1. The Customer signified acceptance of our Terms of Service when they submitted their order to Boab Hosting for Services, and that order was accepted.
2. The Customer acknowledges that they are solely responsible for ensuring that all Service(s) are in full compliance with this policy, and that they are solely responsible for the files and applications that have been uploaded and executed.
3. Availability of Services
1. While Boab Hosting will endeavour to provide continuous availability of all Service(s) to the Customer, Boab Hosting will not be liable for any Service interruptions or down time that is not covered by a Service Level Agreement (where applicable).
2. Scheduled maintenance will be performed at a time which is deemed suitable by Boab Hosting, and should it require any Services to be offline for greater than thirty (30) minutes, Boab Hosting will post details of the scheduled maintenance at least two (2) days prior.
3. Unscheduled maintenance will be performed as required by Boab Hosting and should any Service(s) be offline for greater than thirty (30) minutes, Boab Hosting will post details of the maintenance and any updates until it has been completed. Details of these event will be communicated directly with the customer via Email or Slack.
4. Customer General Warranties and Undertaking
1. The Customer warrants that any information supplied to Boab Hosting is true and correct and will be kept current and up to date via Boab Hosting.
2. The Customer warrants that they will keep all passwords and sensitive information in a secure location and this information is not shared with any other party.
3. The Customer warrants that at the time of entering into this agreement they are not relying on any representation made by Boab Hosting, its staff, agents or affiliates, which has not been expressly stated in this agreement.
4. The Customer agrees that they are solely responsible for dealing with cases of unauthorised third parties accessing their Account and/or Service(s). These matters should be referred to the Australian Federal Police for investigation as soon as possible.
5. Boab Hosting General Warranties and Undertaking
1. Boab Hosting shall not be liable to the Customer for harm caused by or related to the Customer’s Service(s) or inability to utilise the Service(s) unless caused by gross negligence or wilful misconduct.
2. Boab Hosting shall not be liable to the Customer for lost profits, direct or indirect, special or incidental, consequential or punitive; or damages of any kind whether or not they were known or should have been known.
3. Notwithstanding anything else in this agreement, the maximum aggregate liability that Boab Hosting, any of its employees, agents or affiliates, under any theory of law, shall not exceed a payment in excess of the amount paid by the Customer for the Service in question for the six months prior to the occurrence of the event(s) giving rise to the claim.
4. Boab Hosting does not warrant that: 1.) Any Service(s) provided will be uninterrupted or error free; 2.) The Service(s) will meet your requirements, other than as expressly set out in this agreement;
5. The Service(s) will not be subjected to external hacking attempts, viruses, worms, denial of service attacks, or other persons gaining unauthorised access to the Service(s) or any Boab Hosting system.
6. Boab Hosting does not make or give any express or implied warranties including, without limitation, the warranties of merchantability or fitness for a particular purpose, or arising from a course of dealing, usage or trade practice, with respect to any goods or services provided under or incidental to this agreement.
7. In no event will Boab Hosting be liable to the Customer for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.
8. Third party services engaged by the client, including but not limited to SEO, Web design tools, plugins or analytics are done so at the Customer’s own undertaking. Boab Hosting does not provide any express or implied warranty on the quality of their product(s) nor the outcomes expected and is under no obligation to extend support for externally managed or purchased products.
6. Client Content
1. Boab Hosting may enable you and End Users to post, import, upload, store, share, send, display, or otherwise transmit text, data, information, code, software, domain names, materials, designs, photos, images, video, music, logos, or any other content to or through the Services for the purpose of creating, managing, and operating your Client Website (collectively, the “Client Content”).
2. You are fully responsible for and retain all rights to and ownership of your Client Content, including your Client Websites. Boab Hosting does not – and cannot – warrant or guarantee the security of Client Content. You will provide Boab Hosting with Client Content in a form requiring no processing or modification by Boab Hosting. You are also obligated to provide all notices too, and obtain and maintain any consents from, any person, including End Users, as required by applicable law or regulation in connection with Client Content.
3. For the sole and limited purpose of providing you the Services, you hereby grant to Boab Hosting a non-exclusive, transferable, sub-licensable, worldwide, royalty-free license to access, use, copy, modify, publicly display, publicly perform, reproduce, translate, create derivative works from, and distribute Client Content, in whole or in part.
4. You represent, warrant, and agree that Client Content shall not (a) infringe, misappropriate, or violate any patent, copyright, trademark, trade secret, confidentiality, moral, or privacy right, or any other proprietary or intellectual property right; (b) violate or promote the violation of any law; (c) be defamatory, fraudulent, false, misleading, or deceptive; (d) constitute spam, phishing attempts, “chain letters”, “pyramid schemes”, or similar unethical marketing or advertising; (e) be pornographic, vulgar, exploitative of children, or otherwise obscene; (f) include sex/adult-themed products, services, or other material; or (g) promote violence, discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group.
5. Boab Hosting has no obligation to monitor, validate, correct, or update Client Content in any way. Boab Hosting may, in its sole discretion, alter, remove, or refuse to display any Client Content that is in violation of these Terms.
7. Copyright and Infringer Policy
1. In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, Boab Hosting has adopted a policy of terminating, in appropriate circumstances and in Boab Hosting’s sole discretion, users who are deemed to be repeat infringers of other’s copyrighted property. Boab Hosting may also, in our sole discretion, limit access to the Services and/or terminate the Accounts of any Clients who we believe may infringe any intellectual property rights of others, whether or not there is any repeat infringement.
2. Please see Australian Copyright Law for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
3. If you believe that anything on the Services infringes upon any copyright which you own or control, you may file a notification of such infringement to Boab Hosting Copyright Agent.
8. Client Submissions
1. Separate and apart from Client Content, we welcome questions, comments, suggestions, and ideas about Boab Hosting and our Services (“Submissions”). If you provide a Submission, whether by email or otherwise, you agree that it is non-confidential (unless we state otherwise in writing) and shall become the sole property of Boab Hosting.
2. Boab Hosting shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of Submissions for any purpose, commercial or otherwise. You agree that Boab Hosting is not obligated to provide acknowledgment or compensation to you in exchange for Submissions.
9. Client Conduct and Acceptable Use
1. Be decent. Do not transmit any information to or about Boab Hosting or its other Clients, End Users, employees, or representatives that is considered, in Boab Hosting’s sole determination, to be demeaning, harassing, hurtful, abusive, derogatory, insulting, defamatory, false, misleading, or otherwise offensive.
3. You are responsible for and must provide all telephone, computer, hardware, internet connections, and any other equipment and services necessary to access the Services.
4. You agree not to perform, attempt to perform, or encourage or assist others in performing any of the following while accessing or using the Services: (a) use, display, mirror, or frame the Services or any individual element within the Services; (b) access or tamper with non-public areas of the Services; (c) test the vulnerability of any Boab Hosting system or breach any security or authentication measures; (d) circumvent any measure implemented by Boab Hosting or any third party to protect the Services; (e) modify, decompile, disassemble, reverse engineer, tamper with, or attempt to derive the source code of any part of the Services; (f) interrupt, damage, destroy, or limit the functionality of the Services; or (g) host, upload, or in any way transmit malware, viruses, or any other malicious code or activity (“Malicious Code”).
5. Clients who unintentionally or inadvertently host Malicious Code in connection with the Services shall cooperate with Boab Hosting to promptly remove the Malicious Code. If Malicious Code is determined by Boab Hosting to have been migrated unintentionally as part of a website migration performed by the Client, the Client shall be afforded the opportunity to promptly remove the Malicious Code.
6. If the Client fails to promptly remove the Malicious Code as directed by Boab Hosting, the Malicious Code shall be removed by Boab Hosting, and a $200.00 removal fee shall be charged to Client and paid through Client’s default payment method (including auto payment).
7. Limits of Use. You agree to cooperate with Boab Hosting in ensuring that resource utilisation is accurately measured. Do not overburden the Services or place excessive burdens on any CPUs, servers, or other resources used in connection with the Services.
1.) Do not use excessive bandwidth or data transfer. If your Services are unmetered, and your use of them exceeds the use of the Services by similarly situated customers, we may offer to move you to a metered plan. If you refuse to move to a metered plan, we may place restrictions on your use of the Services until your use corresponds with that of similarly situated Clients.
2.) If the Service plan to which you subscribe sets out an amount of disk space or data transfer, you agree not to exceed this amount. If you exceed this amount, we may notify you in writing and then upgrade your subscription to a plan which includes sufficient disk space and data transfer.
3.) Our plans may allow you to send a certain amount of transactional emails per day, and you agree not to exceed the maximum amounts listed on our website. If you exceed your daily transactional email quota, we may offer to upgrade your plan, or use a third-party provider to send transactional emails. If you refuse to upgrade your plan or use a third-party provider, we may refuse to deliver emails on your behalf.
4.) Do not use or provide open proxies or Internet Relay Chat. Additionally, you may not use the Services for video streaming.
10. Boab Hosting's Property
1. The Services are the property of Boab Hosting and not the Client. Without limiting the generality of the foregoing, all rights, title, and interest in and to the Services, including any and all servers, artwork, graphics, images, website templates and widgets, literary work, source and object code, computer code (including html), applications, audio, music, video and other media, designs, animations, interfaces, documentation, derivatives and versions thereof, the look, feel, and arrangement of the Services, methods, products, algorithms, data, interactive features and objects, advertising and acquisition tools and methods, inventions, trade secrets, logos, domains, customised URLs, trademarks, service marks, trade names and other proprietary identifiers, whether or not registered and/or capable of being registered, and any derivations thereof are owned by and/or licensed to Boab Hosting.
2. Subject to your compliance with these Terms, you are granted a limited, non-exclusive, non-transferable, non-sublicensable, fully revocable license to access and use the Services for the sole purpose of creating, managing, and operating your Client Website. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Boab Hosting or its licensors, except for the licenses and rights expressly granted in this Section 7.2.
3. We may, in our discretion and without liability to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any portion of our Services.
11. Third Party Services
1. The Services may display or permit linking or other access to or use of third-party content, promotions, websites, apps, services, and resources (collectively “Third-Party Services”) that are not under Boab Hosting’s control. Third-Party Services are available only as a convenience to you, and we are not responsible for the products, services, or other content that are available from Third-Party Services. You acknowledge that any Third-Party Services that you use in connection with the Services are not part of the Services and are not controlled by Boab Hosting, and you take sole responsibility and assume all risk arising from your interaction with or use of any Third-Party Services.
12. Accounts and Billing
1. The Customer agrees to a month to month contract term for Service(s) unless otherwise stated in the Service offering or otherwise agreed in writing. The month to month contract for Service(s) is automatically renewed each month in perpetuity subject to cancellation by the Customer.
2. Monthly Service(s) are established as part thereof, signifying the beginning of a new month demotes commitment till the end of that monthly period.
3. In relation to fees for Service(s):
1.) Fees for Service(s) ordered by the Customer shall begin on the date of the initial order and the chosen billing cycle will be monthly.
2.)The order date of any Service(s) will serve as the anniversary date for all future billings including one-time fees, upgrades, additional services, cancellations and service credits.
3.) Fees are due in advance of the billing cycle and will be invoiced to the Customer ten (10) days prior to the due date. 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.
4. In relation to fees for upgrades to Service(s):
1.) Upgrades ordered by the Customer on the billing anniversary date will be billed for a full cycle and will continue each cycle on the anniversary date.
2.) Upgrades ordered by the Customer after the billing anniversary date will be prorated to the next anniversary date once full migration has been completed at the full monthly cost. Future fees will appear as the new plan from your existing anniversary billing date.
5. In relation to fees for downgrades to Service(s), downgrades will be processed on the anniversary date when the request is received from the Customer.
6. All published prices are exclusive of any government taxes and charges unless otherwise noted.
7. Any unpaid invoices in the Customer’s Account must be paid in full before new Service(s) will be provisioned.
8. Failure to pay any fees may result in the account being referred to an external collection agency, which may include interest (calculated daily) and collection costs.
9. Invoice(s) that are more than three (3) days past the due date will automatically incur a late payment fee of $15.95 which will be payable on top of the invoice amount.
10. Service(s) with unpaid invoices that are more than seven (7) days past the due date will be automatically suspended, with full payment for all outstanding invoices required before the Service(s) can be reactivated.
11. Services with unpaid invoices that are not paid in full within fourteen (14) days of the due date will be automatically terminated. Restoration of terminated Service(s) is subject to Boab Hosting’s Terms of Service.
12. Support for must be conducted via the online Support Centre in Boab Hosting.
13. Payment by Credit Card.
1. In the event a new Service is ordered by the Customer with payment via credit card, this credit card information may be stored against on the Customer’s Account and may be used for future Automatic invoice payments.
2. Where a credit card number is stored on the Customer’s Account, this may be automatically used for the payment of due invoices. In such cases, payments will typically be taken three (3) days prior to the due date of the invoice.
1. The following Service(s) are not eligible for a refund if the Service has been successfully provisioned by one of Boab Hosting’s suppliers: 1.) Any web hosting service.
2. The Customer will not be entitled to a refund if any of Boab Hosting’s Terms, Policies and Agreements have been breached by the Customer.
3. All other refunds will be processed at the sole discretion of Boab Hosting, in-line with the Australian Competition & Consumer Commission’s published policies and guidelines. More information can be found at http://www.accc.gov.au/consumers/consumer-rights-guarantees.
1. The Customer can request cancellation of their Account or any Service(s) for any reason by submitting a cancellation request in writing. For security reasons, we will not accept cancellation requests until full verbal and account confirmation has been confirmed.
2. The Customer agrees to pay any outstanding invoices upon cancellation of their Service(s).
3. If the Customer requests cancellation of a Service after the invoice for the renewal of the Service has been paid, a refund may be issued in accordance with the Refunds subsection of this agreement.
16. Suspension and Termination of Service(s)
1. Boab Hosting may suspend or terminate Service(s) if:
1.) The Customer is found to be in breach of any policy including but not limited to the Terms of Services, Acceptable Use Policy, Customer Service Policy or any applicable Registrant Agreement;
2.) The Customer has become insolvent or bankrupt;
3.) The Customer has unpaid invoices.
2. Boab Hosting may decide at its sole discretion to advise a Customer that their Account and/or Service(s) will be terminated by giving fourteen (14) days written notice, and any applicable refunds will be processed as per the Refunds subsection of this agreement.
3. If a Customer’s Account is closed for any reason, or any Service(s) suspended or terminated, the Customer must pay all outstanding invoices by the due dates.
4. If a web hosting service is suspended or terminated for any reason, Boab Hosting is under no obligation to provide the Customer with a copy of any data associated with the Service(s). Boab Hosting may provide the customer with a backup of the data, if it is available, for a fee of $200.
17. Data Management
1. It is the Customer’s sole responsibility to maintain regular off-site backups of their data. The Customer will not hold Boab Hosting liable for incomplete, out of date or corrupt data recovered from backups and archives.
2. For web hosting Service(s), Boab Hosting makes every reasonable effort to backup and archive the Customer’s data on a regular basis for the sole purpose of disaster recovery.
3. In the event of hard disk failure or data corruption of a web hosting Boab Hosting will restore data from the last known verified archive. If backup and archived data appears to be corrupt, the Customer should be prepared to upload all of their data to their Service(s) from their own copy or an off-site backup; and re-create all databases, sFTP accounts, et cetera.
4. Boab Hosting is under no obligation to maintain a backup of the Customer’s data following the suspension or cancellation of the Service for any reason.
5. Boab Hosting holds no responsibility for any issues which arise during the use of third-party services including but is not limited to Linode, Wordpress, Nginx & Lightspeed. Issues which occur as a result of failed upgrade attempts by the Customer are outside the control of Boab Hosting.
18. Governing Law
1. The Customer agrees to abide by all local, state and federal laws pursuant to the Service(s) delivered by Boab Hosting.
2. The Customer agrees that these and all Boab Hosting Terms, Policies and Agreements are governed by the laws of Western Australia, Australia, and agrees to the exclusive jurisdiction of the Courts of that state.
1. Boab Hosting may amend our Terms of Service at any time. Changes to this agreement will become effective upon their publication to our website.
2. Continued use of the Service(s) constitutes acceptance of the amended terms. If you do not wish to accept the amended terms, you may request cancellation of your Services) in-line with our cancellation policy found within our Terms of Service.
3. If you have any questions about this agreement, please contact our Customer Care team via email at support@Boabhosting.com.au