General
G1. Definitions
G1.1 Where the term "We" is used in this document this is to be taken as including Reliable Solutions Internet Services, or any party acting on Reliable Solutions Internet Services' implicit instructions.
G1.2 "You" includes the person purchasing the services or any party acting on the customer's or affiliates instructions.
G1.3 "The Registrant" includes the person applying for a domain name or any party acting on the Registrant's instructions.
G1.4 "The Registry" is the relevant domain names Registry.
G1.5 "Server" means any computer server equipment operated by us, or our partners in connection with the provision of the Services covered by these terms and conditions.
G1.6 "Web Site" means the area on the Server allocated by us to you for use by you as a site on the Internet.
G1.7 "NOC" is the Network Operating Centre(s) that we from time to time are partnered with.G2. Description
G2.1 Reliable Solutions Internet Services provides Internet based services that at this time include Domain Registration and transfer, Web Site Hosting, Web Design, and Search & Solve services. Other services may be added from time to time and some services may also be discontinued.
G2.2 We see ourselves as contributors to our customers' interests and businesses and therefore will do our utmost to provide our customers with a quality solution at a bargain price. We do this by carefully selecting business partners, providing superior staff training, and implementing ethical and responsible business policies.
G2.3 In return we expect our customers to fully co-operate with us by abiding by both the spirit and letter of these terms and conditions. As you do your best to help us, we in return will be able to do our best to help you.G3. Modification
G3.1 We reserve the right to modify these terms and conditions at any time that it is felt necessary by Reliable Solution Internet Services.
G 3.2 We believe that our customers and affiliates have the right to know when our terms or conditions change and to that end we will provide notice of any changes by the use of email, posting in our forum and in any news section on our web site.
G3.3 We take no responsibility for any emails described in G3.2 that fail to be successfully delivered, or for any customers who fail to read notices of change in our forum or on our website.
Privacy
P1. Customer/Affiliate Information
P1.1 We consider the privacy of our customers/affiliates as paramount and will not reveal your personal information to any third party commercial enterprise, except where necessary for the provision of services.
P1.2 We will however co-operate with any legitimate government departments or Internet authorities who are investigating improper or illegal activities. This includes co-operating with our NOC partners who may be investigating improper bandwidth usage (eg. Spam email).
P1.3 Some customer information is by necessity made public. An example of this would be Registrant details on a domain application or transfer.P2. Voluntary disclosure
P2.1 Our customers and/or affiliates may voluntarily determine what personal information is entered and viewable in our forums, or through any affiliate functions provided on our web site.
P3. Credit Card information
P3.1 No credit card information is received or retained by Reliable Solutions Internet Services. All credit card payments are transacted through third party payment processors, that verify card validity with issuing Banks or Card Organizations. The only information that we receive is notice of transaction success or failure.
P3.2 All forms that request or process credit card details use secure 128bit encryption.
Domains
D1. Domain Availability
D1.1 We make no representation that the domain name you wish to register is capable of being registered by or for you or that it will be registered in your name. You should therefore not assume registration of your requested domain name(s) until you have been notified that it has or they have been registered. Any action taken by you before such notification is at your risk.
D2. Domain Name Usage
D2.2 The registration and use of your domain name is subject to the terms and conditions of use applied by the relevant naming authority; you shall ensure that you are aware of those terms and conditions and that you comply with them. You shall have no right to bring any claim against us in respect of refusal to register a domain name.
D3. Domain Name Disputes
D3.3 We shall have no liability in respect of the use by you of any domain name; any dispute between you and any other person must be resolved between the parties concerned in such dispute. If any such dispute arises, we shall be entitled, at our discretion and without giving any reason, to withhold, suspend or cancel the domain name. We shall also be entitled to make representations to the relevant naming authority but will not be obliged to take part in any such dispute.
D4. Domain Transfers
D4.1 It is not necessary for domains to be transferred to Reliable Solutions Internet Services for the provision of hosting services, however your domain name-server settings will need to point to our name servers.
D4.2 You may however choose to transfer your domain through us to our partner Registry.
D4.3 Domain transfers are subject to the release policies of the losing Registrars and the current terms and conditions of the gaining Registrar.D5. Payment
D5.1 Domain registration, renewal or transfer will only be processed upon the successful completion of payment transactions for the relevant fees for the service sought.
D5.2 The primary payment method excepted is via credit or debit cards. Other payment methods may be available if so published on our website.
D5.3 The Credit Card processing gateway may vary depending on the type of domain being registered, renewed or transferred.D6. Refunds
D6.1 NO refunds are provided for domain transactions. Therefore we request that you have checked all details and confirmed that you do require the service requested.
Hosting
H1. Data Integrity
H1.1 We make no representation and give no warranty as to the accuracy or quality of information received by any person via the Server and we shall have no liability for any loss or damage to any data stored on the Server.
H1.2 You shall effect and maintain adequate insurance cover in respect of any loss or damage to data stored on the Server.
H1.3 You will maintain your own set of file back-ups, sufficient to meet the needs of your web-site. While we may be able to provide restoration of data from our back-ups, we make no guarantee of their suitability, or data integrity.
H1.4 While we will use every reasonable endeavour to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorized users or hackers and we shall be under no liability for non-receipt or misrouting of email or for any other failure of server resources.H2. Acceptable use Policy
H2.1 You agree and commit to us that you will use the Web Site allocated to you only for lawful purposes. In particular, you agree that;
H2.1.1 you will not use the Server in any manner which infringes any law or regulation or which infringes the rights of any third party, nor will you authorize or permit any other person to do so.
H2.1.2 you will not post, link to or transmit:
(a) any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, pornographic, blasphemous, profane or otherwise objectionable in any way.
(b) any material containing a virus or other hostile computer program.
(c) any material which constitutes, or encourages the commission of, a criminal offense or which infringes any patent, trade mark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction.
H2.2 We have a zero tolerance policy against the perpetrators of SPAM (bulk unsolicited commercial email). You agree that you will not send bulk email whether opt-in or otherwise from our network. Nor will you promote a site hosted on our network using bulk email.
H2.3 You will not employ programs which consume excessive system resources, including but not limited to processor cycles and memory.
H2.4 We reserve the right to remove any material which we deem inappropriate from your web site without notice. We do not host Warez, Adult or illegal MP3 content (i.e. you may only upload MP3's if you own the copyright, or have the copyright owners written permission).
H2.5 You shall keep secure any identification, password and other confidential information relating to your account and shall notify us immediately of any known or suspected unauthorized use of your account or breach of security, including loss, theft or unauthorized disclosure of your password or other security information.
H2.6 You shall observe the procedures which we may from time to time prescribe and shall make no use of the Server which is detrimental to our other customers.
H2.7 You shall ensure that all mail is sent in accordance with applicable legislation (including data protection legislation) and in a secure manner.H3. Payment
H3.1 All charges payable by you for the Services shall be in accordance with the scale of charges and rates published from time to time by us on our web site and shall be due and payable in advance of our service provision. We reserve the right to change pricing at any time although all pricing is guaranteed for the period of pre payment.
H3.2 Payment is due at the beginning of each period (normally yearly) until closure notice is given. If you choose to pay by credit or debit card and you are paying more frequently than yearly, you authorize Reliable Solution Internet Services's credit card / debit card processing (Paypal) to debit your account renewal fees from your card.
H3.3 If you are paying annually, you will need to manually renew the payment for your services prior to the expiry of your hosting agreement with us.
H3.4 All payments will be in $US (US dollars) unless otherwise notified.
H3.5 Without prejudice to our other rights and remedies under this Agreement, if any sum payable is not paid on or before the due date, we shall be entitled forthwith to suspend the provision of Services to you.H4. Refunds
H4.1 We provide a 30 day, no questions asked refund of hosting fees, within the first 30 days of service, provided that no more than 25% of the purchased memory or bandwidth has been used within this period.
H4.2 We will refund the unused pre-paid months of a hosting agreement, upon termination of the agreement, provided that, the agreement has not been terminated by us, for a breach by the customer of these terms.
H4.3 Where we terminate a hosting agreement, because of breach of these terms, a determination of refund entitlement will be made by us, considering the nature of the breach and the impact upon our services, our customers and our business reputation. You agree that our determination in this circumstance is final and not subject to dispute.
H4.4 Any refunds that are due and payable by us will be paid within 30 days, and will be paid via Paypal.
H4.5 Where a customer does not want us to use Paypal for their refund, and requests payment by cheque or international bank draft, a US$10 processing fee will be charged. Any cheque so requested will be drawn on an Australian Bank and denominated in Australian Dollars.H5. Service Level Agreement
H5.1 We shall use our reasonable endeavours to make available to you at all times the Server and the Services but we shall not, in any event, be liable for lost income or opportunity caused by interruptions of Service or down-time of the Server.
H5.2 It is our expectation to be able to provide the Server and Services to you at a better than 99.9% uptime rate.
H5.3 Where our up-time falls below this level as a result of hardware failure or network problems within our immediate network, a refund for any pro-rata overpayment for services will be credited to your account, provided that our claim against our service level agreements with our NOC partners is also paid.
H5.4 Even where our claim against our NOC partners is not paid, we may at our discretion credit your account for any loss of service below the 99.9% level for the relevant monthly period.
H5.5 The balance of SLA credits in your account, may be applied to reducing the cost of any future services purchased, or where the balance is greater than US$20, a refund may be requested.H6. Suspension/Termination
H6.1 We shall have the right to suspend the Services at any time and for any reason, generally without notice, but if such suspension lasts or is to last for more than 7 days you will be notified of the reason.
H6.2 The Services provided to you hereunder and your account with us cannot be transferred or used by anyone other than you. No more than one log-in session under any one account may be used at any time by you. If you have multiple accounts, you are limited to one login session per system account at any time; user programs may be run only during log-in sessions. If your account is found to have been transferred to another party, or shows other activity in breach of this subclause, we shall have the right to cancel the account and terminate the Services and/or this Agreement immediately.
H6.3 If you fail to pay any sums due to us as they fall due, we may suspend the Services and/or terminate this Agreement forthwith without notice to you.
H6.4 If you break any of these terms and conditions we may suspend the Services and/or terminate this Agreement forthwith without notice to you.
H6.5 If you are a company and you go into insolvent liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your creditors, we shall be entitled to suspend the Services and/or terminate this Agreement forthwith without notice to you.
H6.6 You may cancel the Services at any time. Notice of cancellation needs to be received via email and will be confirmed with you prior to action being taken. Your services will not be considered terminated until confirmation, of your request is received by us.
H6.7 On termination of this Agreement or suspension of the Services we shall be entitled immediately to block your Web Site and to remove all data located on it.
Web Design
W1. Information to be provided
W1.1 For work to commence the following documents will need to be completed;
a) Web Design Contract for Work
b) Web Design Worksheet
W1.2 All text and graphical content is to be provided with the contract or at the very latest 14 days after the Contract for Work.
W1.3 Any further information requested by us.W2. Payment schedule
W2.1 Payments for Web design shall be paid according the schedule that is from time to time displayed on our website.
W2.2 No work will commence on designs until initial payments have been received.
W2.3 Work shall be halted if any progress payments are not immediately paid when they are due and payable.W3. Refunds
W3.1 Where a Web Design contract is either cancelled or generally discontinued, a refund may be claimed against any advanced payment that has been paid but not yet utilised.
W3.2 To calculate partial refunds, the normal hourly rate (as published on the web site) will be applied for work so far completed and any difference between this amount and the amount of the advanced payment may be refunded.W4. Content ownership and responsibility
W4.1 You agree and declare that you have either ownership, licence or permission for the use of any copyrighted text or graphical images provided to us for design services.
W4.2 You retain ownership of any information or files provided to us.
W4.3 Upon completion of a design contract, the copyrighted design is indefinitely licensed to the customer for their use.
W4.4 Customers have complete freedom to modify, edit or enhance any design that has been finally provided to them.
W4.5 You may NOT however sell the design to any other party.
W4.6 You agree that the designed website may be listed in our portfolio of designed works and that this listing may be achieved by copying all relevant files to a URL of our choice.
Affiliate
A1. General
A1.1 Our affiliate program is free to join. No monies or consideration is required to join and no affiliate may request payment from any person as a requirement for joining.
A1.2 Our affiliates are those persons who voluntarily wish to promote our services.
A1.3 While knowledge of our products is highly recommended, it is not necessary to purchase our products to be eligible to be an affiliate.A2. Commission requirements
A2.1 To qualify for commission you must remain within the limits of the acceptable activity policy (A3) section of these terms.
A2.2 Commission will be earned when clients that you refer using your Affiliate reference renew their hosting account
A2.3 Commission credits will only be paid out after the minimum required balance is reached $40 AUD.A3. Acceptable activity policy
A3.1 You must NEVER use SPAM email for the promotion of either our products or the affiliate program. SPAM email includes any unsolicited commercial email that either originates from our servers or where the destination or advertised URL is on our servers, or where the product or program advertised is one of our products, services or programs.
A3.2 You are required to clearly represent on all occasions that;
a) product purchase is not required to join the affiliate program
b) the affiliate program is free to join
c) customers do not need to be affiliates
d) that commission is only earned on products purchased by customers.
A3.3 You may only have one affiliate account with us. Any subsequent accounts detected will be deleted without notice.
A3.4 You agree not to represent in any promotion, publicity or meeting that a particular income level may be derived from this program, with the exception of income personally achieved by yourself, or average income figures produced and publicised by us.
A3.5 You will not attempt to sign up as an affiliate or customer any person who is already either a customer or affiliate of Reliable Solution Internet Services. (If you did this, they would be in breach of term A3.3)
A3.6 You may recommend our products and services by any method or means that you choose with the exception of SPAM email, or anything else not permitted by these terms.
A3.7 Our services may be recommended in any geographical location, where both our products, and affiliate program are lawful to promote.A4. Commission payments
A4.1 Commissions earned will be added to your affiliate account at the end of each month.
A4.2 Current month's earnings may be viewed in real time, but will not be available in your account for transfer until after the end of the month.
A4.3 Commissions will accumulate in your affiliate account until you either request a transfer to your payment account, or use your earnings to offset or pay for any further services from Reliable Solution Internet Services.
A4.4 Requests for transfer of commission account balances will be processed within 48 hours and paid to your Paypal account. If you don't have one we recommend that you signup for one as they are free to obtain.
A4.5 Requests for payment of commission account balance by other means, eg. Cheque, or international bank draft will incur a processing fee currently set at US$10.
A4.6 Commission account transfers will only be processed on amounts exceeding US$25.A5. Termination/Suspension
A5.1 Minor breaches of these terms, will incur you receiving a "Notice to Cease Activity" email from us, relating to the breaching activity.
A5.2 Major breaches of any of these terms and conditions, may be dealt with by us suspending the Services and/or terminating this Agreement forthwith without notice to you.
A5.3 We shall have the right at our sole discretion to determine what is a minor breach and what is a major breach.
A5.4 In general, breaches of the affiliate terms will not adversely affect your customer agreement with us, and breaches of any customer terms will not affect your affiliate agreement with us. The exception to this is SPAM email which is a breach of both customer and affiliate terms that will result in both your customer and affiliate accounts being suspended/terminated.
A5.5 Where these terms are breached by you, you agree to indemnify us against any liability arising out of your actions.
A5.6 We shall have the right to deduct out of your commission account, any amount deemed appropriate to compensate us for any loss incurred by us as a result of your breach of these terms.
A5.7 If we have cause to terminate this Agreement with you due to you breaching these terms, you shall only be entitled to commissions earned up to the date of the breach and not thereafter.
