Terms of Services

1. Terms of Service

The Acceptable Use Policy (AUP) and TOS may be changed from time to time, usually in relation to a change in the law. Tech Analysis, agrees to furnish services to the Subscriber, subject to the following (Terms of Service) TOS and Acceptable Use Policy including disclosures. Use of Tech Analysis Service/s constitutes acceptance and agreement of Tech Analysis AUP and TOS.

1.1. Illegal Activities

The AUP & TOS specifically prohibits the use of our service for illegal activities. Therefore, the Subscriber agrees that Tech Analysis may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement organisation who makes a written request without further consent or notification to the Subscriber. In addition Tech Analysis shall have the right to terminate all services set forth in these Agreements.

Source: http://www.acma.gov.au/

1. Broadcasting Services Act 1992

2. Radiocommunications Act 1992

3. Telecommunications Act 1997

4. Telecommunications (Consumer Protection and Service Standards) Act 1999

5. Spam Act 2003

6. Do Not Call Register Act 2006

7. Interactive Gambling Act 2001

8. Any relevant criminal law or code

2. SERVICE RATES

The Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber.

Subscriber is aware that Tech Analysis may change the specified rates, plans and resources from time to time.

3. VALID ACCOUNT NAME

- Must be either: a)_ a registered business business for your State & Country, must include your business registration details. Or b) An individual - VALID RESIDENTIAL OR BUSINESS ADDRESS You must provide us an email that is unrelated to the domain which you are signing up for, so that we may contact you in cases of an abuse issue. It is your responsibility to ensure that your email address on file is current and up to date at all times. Providing false contact information of any kind may result in the termination of your account. Certain orders might require you to provide government issued identification and possibly a scan of the credit card used for the purchase. If you fail to meet a request for these, the order may be deemed fraudulent and may be denied.

4. PAYMENTS AND FEES

Establishment of this service is dependent upon receipt by the Company of payment of the stated charges. Subsequent payments are due on the anniversary date of the month for that month´s service.

All services will be interrupted on accounts that remain unpaid 28 days past the due date, except Dedicated Server. The non-payment on Dedicated Server may result in immediate service interruption or termination. Service interrupted for non-payment is subject to a $50 reconnection charge. Accounts not paid by due date are subject to a $25 late fee. Accounts that are not collectable by Tech Analysis may be turned over to an outside agency for collection. If your account is turned over for collection, you agree to pay the Tech Analysis a "Processing and Collection" Fee of not less than $50 and not more than $150. If you wish to cancel your account, please follow the proper procedures as outlined in this TOS. Servers that are terminated for non payment will be considered abandoned and forfeited.

Invoices are only provided by email to the name set up on the account. Statements & Accounts – Tech Analysis does not provide written or printed statements. However invoices and statements are available via the on-line accounts system Freshbooks. If you require additional staff logins to access your company account please contact accounts@techanalysis.com.au who will set the users up for you, simply provide their contact details including email address and position.

5. FAILURE TO PAY

The Tech Analysis may temporarily deny service or terminate a service upon the failure of Subscriber to pay charges that are 28 days or more overdue. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.

6. ACCOUNT CANCELLATION

For month-to month hosting - All requests for cancellation of accounts must be made to (accounts@techanalysis.com.au) with at least 30 days notice before payment is due, You must include all account information to cancel the account.

For Dedictated Servers, VPS and all other administered services the cancellation notice period depends on your service. In most cases Dedicated Servers are on a 12 month contract. Contact us for details on the notice period. Where Managed Services have a Technical Administration, Application layer security fees the adminstration fee is NOT REFUNDABLE unless there is a breach of the agreement or a non-performance issue.

All payments to Tech Analysis are nonrefundable. This excludes exceptions made in B2B contracts and/or failure of Tech Analysis to meet any standards as outlined in this Terms of Service agreement. Payments includes set up fees if applicable and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 30 days of the time the problem occurred. If you dispute a charge to your credit card issuer that, in Tech Analysis sole discretion is a valid charge under the provisions of the TOS and /or AUP, you agree to pay Tech Analysis an "Administrative Fee" of not less than $50 and not more than $150. Billing disputes can be made direct from your invoice or to the accounts@techanlysis.com.au address.

7. UPTIME GUARANTEE

Tech Analysis may refund one month of credit to your account if your shared/reseller server experiences a physical downtime that is not within the 99.9% uptime. This credit is offered at the discretion of Tech Analysis and depends on the evidence provided. Third party monitoring service reports are not deemed to offer sufficient justification for refund: this is due to a variety of factors including the monitor's network capacity/transit availability. Please note that the uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server: this may differ from the uptime reported by other third party monitors. To request a credit, please contact accounts@techanalysis.com.au with justification. All requests must be made via email. Uptime guarantees only apply to shared/reseller servers. Dedicated servers are covered by a network guarantee in which the credit is calculated prorata for the amount of time the server is down. This is not related to our uptime guarantee.

8. DEDICATED SERVERS – NETWORK UPTIME

8.1.1. NETWORK UPTIME GUARANTEE

Dedicated servers are covered by a network guarantee depends on the service chosen (typically chosen where companies have fail over servers with 99.99% guarantee on their primary-secondary servers.

For premium services the uptime guarantee is 99.99%

8.1.2. Guarantee not met

Where the guarantee is not met, the Customer will receive a credit that will be applied to the account in which the credit is calculated prorata for the amount of time the server is down.

8.1.3. HARDWARE REPLACEMENT

Hardware Failures do occur, In most cases 2-24 hours to replace the failed hardware with the following limitations applying:

A. It is at Tech Analysis discretion as to whether components of a server are replaced or a complete new server.

B. The customer is responsible to backup their own data and is responsible for restoring data. Tech Analysis is not in any way responsible for restoring your data to a server.

C. Tech Analysis is not liable for any data loss experienced due to the hardware failure and subsequent replacement and data restoration process.

D. Tech Analysis is only responsible for restoring your information and returning any hosted services to an online and functioning state where there is a paid and a managed service, In this case depending on the system the time-frame can extend to 48 hours if rebuild or RAID arrays, VPS, restore any data is required.

E. Tech Analysis is not responsible for any loss of business or costs incurred to you while your server hardware is being replaced. Credits for downtime will apply.

9. EXEMPTIONS FROM UPTIME GUARANTEES

Scheduled or urgent maintenance to the service, or to infrastructure.
Advice from any regulatory or emergency authority.
Downtime issue was caused by the customer
A breach of any Terms of Service or Acceptable Use Policy
Equipment can fail outside of our Network but can affect us but is out of our control

10. Web Application or web site hosting - Responsibilities

If you do not have a managed service with Tech Analysis You must ensure all web applications utilised on any Tech Analysis hosting service are kept secure, patched and up to date.Open Source users must maintain all updates and patches to their own system. It is not the responsibility of Tech Analysis to maintain your own security. Tech Analysis can provide this service or refer to your web developer for their recommendations.

11. Tech Analysis guarantees

Tech Analysis uses Apache, PHP and MySQL which is constantly being updated on the servers on a regular basis Unless there is a paid service it is the customers responsibility to maintain their own web applications-sites and keep them up to date.

12. SUBSCRIBER ACKNOWLEDGES

That the service provided is of such a nature that it can be interrupted for many reasons. Therefore, Subscriber agrees that the company shall not be liable for any damages. In no event shall Tech Analysis be liable for any special or consequential damages, loss or injury.

13. INVOICING

The Company automatically emails invoices 9 days before the date on which payment becomes due. Invoices are sent to your email address.

14. SUPPORT BOUNDARIES

Tech Analysis provides 24 x 7 technical support to our Subscribers (except for a few holidays and short company meetings when we close our center.) Tech Analysis only ensures that the server is online and is remotely accessible. Tech Analysis does not offer tech support for application specific issues such as cgi programming, html or any other such issue. Tech Analysis does not provide technical support for YOUR customers. If a Subscriber's client contacts us, we reserve the right to place the customer's account on hold until Subscriber assumes their responsibility for their client. For security purposes, all support requests must be made by the Subscriber on their Users/Customers' behalf. Subscribers are also responsible for all content stored or transmitted under their account and for the actions of their Users/Customers. Subscribers will be held responsible for any actions made by their Users/Customers that violate the law or the terms of service.

The only exception to this is where we are the developer and or hoster combined.

15. RESOURCE USAGE

While our shared web hosting services are suitable for the majority of our customers, there comes a time when larger more resource consuming websites are better suited to a more dedicated services such as Virtual Private Server or Dedicated Server Hosting plan, which allows for more CPU, memory, and network resources.

We reserve the right, in our sole discretion, to discontinue service to any customer with a website or other hosted service that consumes more than 20% of the resources of the server.

This means specifically that if your website or service is found to be utilizing more than 20% of the CPU, and or memory, of the server for a period greater then 300 seconds, we reserve the right to suspend your service without notice. If this becomes necessary, you will be given then option to upgrade your hosting service.

Due to the severity of this, and our ability to act quickly to correct these situations and to avoid service issues, we will do everything in our power to provide you with a warning prior to taking your service offline, but we accept no obligation to do so.

Please note, subscribers may not run stand-alone, unattended server-side processes on the shared hosting servers. This includes any and all server daemons, any type of web spider or indexer, any bit torrent application, tracker, or client that is not listed as part of your service plan. You may however, link to torrents off site, but may not host or store them on our servers.

15.1.1. BANDWIDTH USAGE

Subscribers may not exceed the allocated monthly bandwidth allowance which varies according to the hosting package purchased. Tech Analysis reserves the right, in our sole discretion, to discontinue service to any Subscriber with a website or other hosted data that exceeds the allocated monthly usage limit. This means that we reserve the right to take your site offline if necessary, pending the purchase of more bandwidth or an upgraded hosting package. Tech Analysis will attempt to issue you with a warning before taking your site offline, but is under no obligation to do so. Unused bandwidth cannot be carried over to the next month

IMPORTANT NOTICE:

Anyone hosting websites or services on their server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their server immediately removed from our network. The server will not be reconnected until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the server from our network without notice to the Subscriber. Any server guilty of a second violation WILL be immediately and permanently removed from our network without notice.

Any site found to host or promote child pornography or linking to child pornography will be terminated immediately without notice and all Subscriber information including assigned IP numbers, account history, account use etc will be reported to law enforcement authorities. In addition Tech Analysis shall have the right to terminate all services set forth in this Agreement.

16. NOTIFICATION VIOLATION

Tech Analysis is under no duty to look at each Subscriber´s or User´s activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities.

We reserve the right to drop the section of IP space involved in Spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer´s network, or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.

17. SUSPENSION OF SERVICE OR CANCELLATION

Tech Analysis reserves the right to suspend network access to any Subscriber if in the judgment of the Tech Analysis network administrators the Subscriber´s server is the source or target of the violation of any of the other terms of the AUP or for any other reason which Tech Analysis identifies. If inappropriate activity is detected, all accounts of the Subscriber in question will be deactivated until an investigation is completed. Prior notification to Subscriber is not assured. In extreme cases, law enforcement will be contacted regarding the activity. Subscriber will not be credited for the time the machines were suspended.

18. TECH ANALYSIS RESERVES THE RIGHT TO AMEND ITS POLICIES AT ANY TIME AND WITHOUT NOTICE

All Sub-Networks, resellers and managed / unmanaged servers of Tech Analysis must adhere to the above policies. Failure to follow any terms or conditions will be grounds for immediate Cancellation. You will be held responsible for the actions of your clients in the manner described in these Terms and Conditions. Therefore, it is in your best interests to implement a similar or stricter Terms and Conditions or Acceptable Terms of Use policy.

19. INDEMNIFICATION

Tech Analysis wishes to emphasize that in agreeing to the Tech Analysis Acceptable Use Policy (AUP) and Terms of Service (TOS), Subscriber indemnifies Tech Analysis for any violation of the Acceptable Use Policy (AUP) and Terms of Service (TOS) that results in loss to Tech Analysis or the bringing of any claim against Tech Analysis by any third party. This means that if Tech Analysis is sued because of a Subscriber´s or a customer of a Subscriber´s activity, the Subscriber will pay any damages awarded against Tech Analysis, plus all costs and attorney´s fees.

Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many different reasons and interruptions can be prolonged due to external or internal events. Therefore, Subscriber agrees that Tech Analysis.net shall not be liable for any damages arising from such loss of service for any reason. In no event shall the company be liable for any special or consequential damages, loss or injury.

20. MISCELLANEOUS PROVISIONS

You must provide us with and keep current contact information. E-Mail, fax and telephone contacts are used in that order of preference.

A waiver by the Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.

Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further obligation.

Tech Analysis takes no responsibility for any material input by others and not posted to the Tech Analysis Network by Tech Analysis. Tech Analysis is not responsible for the content of any other websites linked to the Tech Analysis Network; links are provided as Internet navigation tools only. Tech Analysis disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party´s violation of this policy.

Tech Analysis is not responsible for any damages your business may suffer. Tech Analysis does not make implied or written warranties for any of our services. Tech Analysis denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Tech Analysis.

21. RESPONSIBILITY FOR CONTENT

You, as Tech Analysis Subscriber, are solely responsible for the content stored on and served by your Tech Analysis server.

22. REFUSAL OF SERVICE

Tech Analysis reserves the right to refuse service.

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