This Hosting Services Agreement (“Agreement”) is made and entered into by and between Asporea Digital Pty Ltd, trading as Asporea Hosting (“Asporea”), and The Customer (“Customer”). By purchasing any hosting services, additional services, or products from Asporea, the Customer agrees to be bound by the terms and conditions set forth in this Agreement.
This Agreement shall be governed by and construed in accordance with the laws of New South Wales (NSW), Australia.
1. DEFINITIONS
For the purpose of this Agreement, the following terms shall have the meanings ascribed to them:
1.1 Hosting Service – Shared, reseller, virtual, or dedicated hosting services provided by Asporea for the storage and delivery of web-based content.
1.2 Additional Services – Any product or service that complements the Hosting Service or includes one-off charges for additional work performed by Asporea staff.
1.3 Resource Usage – Allocated resources, including disk space, memory, CPU, and bandwidth, provided to the Customer under the Hosting Service.
1.4 Subscription – The term of service, such as monthly, quarterly, or annually, for which the Customer has agreed to pay.
1.5 Members Portal – The online platform provided by Asporea for account and service management, including billing and invoicing.
2. FEES
2.1 Payment Terms
The provision of services is contingent upon receipt of full payment by Asporea. Recurring subscription fees are due on the anniversary date of the subscription term in advance of the next billing cycle.
2.2 Setup Fees
Non-recurring setup fees for the deployment of services must be paid in advance.
2.3 Non-Refundable Fees
Certain fees, including but not limited to those for third-party products (e.g., domain registrations, SSL certificates), setup fees, and advanced administrative labour, are non-refundable.
2.4 Overage Charges
The Customer agrees to pay additional fees for exceeding the allocated resource usage as defined in their Subscription.
2.5 Failure to Pay
Accounts more than 28 days overdue may be suspended or terminated. Suspended services will not be restored until outstanding balances are paid, including any applicable late fees or collection costs.
2.6 Payment Method and Credit Card Requirement
2.6.1 Credit Card on File
The Customer agrees to maintain a valid and up-to-date credit card on file with Asporea Hosting at all times during the term of their subscription. This card will be used for the automatic payment of recurring fees, overage charges, and any other applicable fees as outlined in this Agreement.
2.6.2 Automatic Billing
The Customer authorises Asporea Hosting to charge the credit card on file for all fees due under this Agreement, including recurring subscription fees and any additional charges incurred.
2.6.3 Failure to Maintain Valid Payment Method
In the event the credit card on file is declined or becomes invalid, the Customer will be notified via email and required to update their payment method within 7 days. Failure to do so may result in service suspension or termination, and the Customer remains responsible for all overdue amounts, including any applicable late fees or collection costs.
2.6.4 Alternative Payment Methods
Asporea may accept alternative payment methods, such as bank transfers, at its sole discretion. However, the Customer is still required to provide and maintain a valid credit card for backup purposes.
2.6.5 Security of Payment Information
Credit card information is securely stored and processed in compliance with industry standards, including the Payment Card Industry Data Security Standard (PCI DSS).
3. CANCELLATIONS AND TERMINATIONS
3.1 Customer-Initiated Cancellations
The Customer may cancel services at any time by submitting a cancellation request through the Members Portal with at least 2 business days’ notice prior to the next billing date.
3.2 Termination by Asporea
Asporea reserves the right to terminate this Agreement or the Customer’s services:
•For any reason, with 30 days’ written notice.
•Immediately, without notice, if the Customer breaches this Agreement, fails to maintain a valid payment method as required in Section 2.6, or violates Asporea’s Acceptable Usage Policy (AUP).
3.3 Refunds
Refunds are issued only under Asporea’s Money Back Guarantee, provided the cancellation request falls within the applicable guarantee period (30 days for shared hosting and reseller hosting; 10 days for managed VPS or dedicated hosting).
3.4 Data Responsibility
Upon termination or cancellation, the Customer’s data will be deleted from Asporea servers. Asporea is not responsible for retaining or recovering deleted data.
4. CUSTOMER OBLIGATIONS
4.1 Account Information
The Customer must provide accurate and up-to-date account details and maintain their accuracy through the Members Portal.
4.2 Data and Security
The Customer is responsible for securing account credentials and ensuring scripts, applications, and content hosted comply with security best practices.
4.3 Compliance with Policies
The Customer agrees to adhere to Asporea’s Acceptable Usage Policy (AUP) and all applicable laws. Violations may result in service suspension or termination.
5. RESOURCE USAGE
5.1 Resource Limits
The Customer agrees not to exceed allocated resources under their Subscription.
5.2 Abuse of Resources
Resource abuse includes, but is not limited to, excessive CPU usage, large MySQL queries, and inappropriate file storage. Asporea reserves the right to suspend or terminate services if resource abuse occurs.
6. SUPPORT AND SUPPORT BOUNDARIES
6.1 Scope of Support
Asporea provides support exclusively for issues related to the hosting services offered directly by Asporea. This includes assistance with:
•Setting up and managing hosting accounts.
•Troubleshooting server-level issues within Asporea’s hosting environment.
•Managing hosting resources, such as bandwidth, storage, and email accounts.
6.2 Exclusions from Support
Asporea does not provide support for:
•Connecting Asporea services to third-party services, platforms, or APIs.
•Troubleshooting issues related to third-party applications, software, or services.
•Custom coding or debugging issues within the Customer’s applications or scripts.
6.3 Support Issues Resulting from Customer Error or Misunderstanding
If the Customer raises a support request and investigations determine that the issue results from:
•Misconfiguration of the Customer’s settings.
•Customer error, misunderstanding, or incorrect logic.
•A third-party service rejecting connections or generating errors.
Asporea reserves the right to charge the Customer for time spent investigating and resolving the issue.
6.4 Notification of Chargeable Support
Where possible, Asporea will notify the Customer prior to incurring charges for support requests outside standard boundaries.
•In some cases, prior notification may not be possible. This Agreement serves as notice that such charges are applicable and will be billed accordingly.
6.5 Advanced Support Fees
Support fees for investigations or requests outside standard boundaries will be billed based on the prevailing hourly rate, in 30-minute increments.
6.6 Limitations of Liability for Support
Asporea is not responsible for:
•Misuse or misconfiguration of services.
•Issues caused by third-party services or platforms.
•Failures to integrate third-party services with Asporea’s hosting environment.
7. LEGAL TERMS
7.1 Jurisdiction
This Agreement is governed by the laws of New South Wales, Australia, and disputes shall be resolved in the courts of NSW.
7.2 Force Majeure
Asporea shall not be held liable for delays or non-performance due to events beyond its control, including natural disasters or cyberattacks.
7.3 Indemnification
The Customer agrees to indemnify and hold Asporea harmless from any claims, liabilities, or damages resulting from the use of Asporea’s services.
8. MODIFICATIONS TO TERMS
Asporea reserves the right to amend this Agreement. Continued use of services constitutes acceptance of modifications.
Here’s the revised Respect for Support Personnel clause with the numbering adjusted to align with being Section 9:
9. RESPECT FOR SUPPORT PERSONNEL
9.1 Commitment to Customer Support
At Asporea Hosting, we are committed to providing helpful, professional, and efficient support to all our customers. We understand that hosting can sometimes be complex, and we are here to answer your questions and guide you through issues that fall within our support boundaries.
9.2 Expected Conduct
To ensure a positive and respectful environment for both customers and support personnel, we kindly ask all customers to engage with our team in a courteous and professional manner.
9.3 Prohibited Conduct
While we strive to assist every customer to the best of our ability, the following behaviours are not acceptable during interactions with our support team, including via email, phone, or live chat:
•Use of abusive, offensive, or threatening language.
•Harassment, discrimination, or personal attacks of any kind.
•Repeatedly requesting support for issues outside Asporea Hosting’s defined support boundaries.
•Behaviour that disrupts or interferes with support services for other customers.
9.4 Support Boundaries Questions
If you have questions about what is covered within our support boundaries or need clarification, our team is happy to explain and guide you on available resources or additional services that may help resolve your issue.
9.5 Response to Prohibited Conduct
To maintain a respectful and productive environment, Asporea Hosting reserves the right to take the following actions in response to prohibited conduct:
•Temporarily suspend or terminate support interactions.
•For repeated or severe violations, suspend or terminate hosting services, with no refunds for any prepaid amounts.
•Notify the Customer in writing if services are terminated due to unacceptable behaviour.
9.6 Zero-Tolerance Policy
Asporea Hosting has a zero-tolerance policy for harassment or abuse of its support personnel. Such behaviour will result in immediate action, up to and including termination of services, to protect our team and ensure fair access to support resources for all customers.
10. ACKNOWLEDGEMENT
By using Asporea Hosting’s services, the Customer acknowledges that they have read, understood, and agreed to these terms.
