This terms of service notice for 76762761140 (doing business as Delta Networks) (‘we‘, ‘us‘, ‘team‘ or ‘our‘), describes or outlines how we do ‘good business‘, our business rules, fair use and handle general business. The person (‘client, ‘user‘, ‘you‘, ‘your‘, ‘customer‘ or ‘customers‘) accepting our ToS (‘terms of service‘) upon sign-up, or purchase of product or service, signifies you agree to the terms of service outlined as below.
Introduction
Your usage of our hosting services is subject to the Terms of Service outlined here. By utilizing our services, you commit to adhering to these terms. If you disagree with these terms, kindly refrain from using our services. We suggest a thorough review of these terms before commencement. For any inquiries or concerns, feel free to get in touch with us.
Prohibited Actions
The following actions are not allowed on our services:
- Hosting copyrighted material without proper authorization.
- Engaging in illegal activities or sharing illicit content, such as pirated software, malware, and phishing scams.
- Using our services for activities that disrupt or interfere with our network or other customers’ use of our services.
- Hosting adult content or materials that could be harmful to minors.
- Employing our services for any purpose unrelated to your server; engaging in matters not associated with the service is prohibited.
- Spamming, which includes sending unsolicited emails and conducting bulk email campaigns.
Please note that we retain the right to suspend or terminate any account violating these terms, without prior notice or refund.
Indemnification
Customers consent to indemnify and release Delta Networks from all claims, damages, expenses, and liabilities that may arise from their utilization of our services, encompassing any breaches of these terms.
Limitation of Liability
Delta Networks assumes no responsibility for any damages, encompassing, but not confined to, loss of data or profits, stemming from the use or incapacity to use our services. This remains applicable even if we have received advice regarding the potential for such damages. Our liability towards any customer will be confined to the fees paid for the relevant services.
Changes to Terms of Service
We retain the right to alter these Terms of Service at any time. When a change to our Terms of Service occurs, an advisory is sent out to active customer’s primary contact details on file. Customers are advised to regularly review these terms to stay informed about any modifications, in addition customers must have an up-to-date email. It is your responsibility to maintain your contact information and Delta Networks is not held responsible for the upkeep of your own personal records.
Service Level Agreement (SLA)
Network SLA:
- We strive for 100% network uptime with factors in our control. With that said we assure ≤ 99.4% uptime when including factors outside our control, ensuring maximum continuous availability and functionality. In the event of a failure to meet this commitment, we will issue the complainant a downtime credit equivalent to one hour of service for every hour of downtime, capped at 100% of the monthly service fee. Credit calculation will be based on the prorated cost of the affected service for the month.
Hardware SLA:
- We guarantee 99.9% hardware uptime, ensuring our servers and hardware components are consistently available and operational. In the event of a failure to meet this commitment, we will issue the complainant a downtime credit equivalent to one hour of service for every hour of downtime, capped at 100% of the monthly service fee. Downtime credit calculation will be based on the prorated cost of the affected service for the month.
Support Team Availability:
- At present time, our support team normally operate between 06:00PM to 10:00PM AEST. However, the team where possible provide a best effort approach to availability 24/7 dependant on a range of external factors including but not limited to: access to a computer, laptop, internet or time available to action the relevant support request(s). When raising a ticket we appreciate you respect the priority selection and reserve high priority for urgent, critical matters. Our team endeavours to respond as soon as possible.
To qualify for Downtime credits, clients are required to report any downtime to our support team within 48 hours of the incident, providing supporting evidence via evidential/diagnostic information such as screenshots, timestamps, ping logs, traceroute, monitoring or alerts and other relevant information.
The application of Downtime credits to the client’s account will occur within 30 days of the downtime event. These credits are exclusive to future payments for Delta Networks services and are non-redeemable in the form of any currency.
It’s essential to note that our SLA does not encompass downtime caused by scheduled maintenance, client neglect, client misconfiguration, third-party software or hardware, or any other factors beyond our control.
We reserve the right to amend this Service Level Agreement at our discretion. Should you have any inquiries or concerns regarding our SLA, please don’t hesitate to contact our support team.
Fair Use
Our Fair Use Policy is crafted to prevent any client from utilizing an excessive amount of server resources that could negatively impact other clients. In instances of excessive resource usage, we retain the right to implement appropriate measures, including but not limited to temporarily suspending the account, upgrading the client’s plan, or imposing additional fees.
Specific usage limits for System resources, or Network usage are not predefined, as these limits vary based on the server and the client’s requirements. Nevertheless, we diligently monitor server resource usage and will take corrective action if we determine that a client’s usage is excessive and adversely affecting the server’s performance or other clients’ services.
Product Changes
Delta Networks reserves the right to alter pricing, inclusions, or any aspect of the offerings we provide at any time.
Any changes to products or services that impact ongoing customers will only be implemented once those affected are notified via our email system. While offerings may change for new customers over time, you will continue to receive your current service specifications (unless you cancel), unless explicitly notified ahead of time as mentioned.
Customers on previously advertised offerings or ‘retired’ specifications, will continue to receive the same service for as long as they maintain an active subscription, without changes to their pricing or service specifications unless notified.
Reasons for product & price changes may include:
- Consumer price index changes
- Server resource utilization optimizations
- Changes in a games’ performance or demands
- Product realignment with demand in the market
Billing and Payments
Upon order confirmation with us, you will receive an invoice for the payment of your product. Once we have received the funds, our system triggers the activation of the product. From then on, you are charged a frequent charge for the continued use of this service.
Late payments:
- Our system sends frequent reminders of when a bill is upcoming ahead of time, due at present time and overdue past the due by date. Users receive plenty of notification of an upcoming charge generated and due for their product. As such when a payment lapses over its due date and becomes overdue, you will be charged a 10% late payment fee. Missed a payment? See below for further details.
Missed payments:
- We understand times can get tough, or just straight up busy. If you are disputing a payment, wish to defer or discuss the late payment fee we will happily assist on a case by case basis in good faith. A user must reach out and raise a support ticket if they wish to inform us they accidentally missed their payment, or wish to defer the payment. Payments can be deferred a couple of days, weeks and in rare cases, months; our Team will assess these on a case by case basis.
No payments:
- If an overdue amount has not been paid despite our notifications, one of our Billing Team members will reach out via your contact methods you have provided on file. Failing this we reserve the right to inform you of a service termination at any point in time and subsequently followed by the service termination itself should a payment not be made for the use of our services.
Account Security
When you register an account with us, you will receive a confirmation email to prove the email address provided belongs to you. Should you fail to validate your email address, you may receive frequent reminders until you do.
You will also be asked to setup multi-factor authentication; until this is setup, you will not be able to access our services. We will not provide any exceptions to this security requirement.
We reserve the right to terminate your account at any time should you not prove you own the email address provided on record or should our systems indicate potential fraud if your name, address, email address or payment information provided is false or misrepresented.
This is an important requirement to meet industry standards, uphold our system information integrity, protect our customers and their data.
Cancellation
To terminate your service with us, you may do so yourself via the Billing Portal. Alternatively, submit a cancellation request through our ticketing system. We necessitate a minimum of 48 hours’ notice before the commencement of the next billing cycle to process the cancellation.
Should you opt to cancel your service before the billing cycle concludes, we won’t issue a refund for the remaining balance. Nevertheless, your service will persist until the conclusion of the billing cycle.
In the event that you cancel your service after the initiation of the subsequent billing cycle, you will be obligated to cover the entire month’s charges. For instance, if your billing cycle starts on the 1st of the month and you cancel on the 15th, the responsibility for the entire month’s payment rests with you.
Be aware that we retain the right to promptly suspend or terminate your service if you violate our terms of service or engage in any fraudulent activities. We retain the right to refuse a refund if you are in any breach of our Fair Use or Account Security policies.
Refunds
Refunds will be granted to clients who initiate a cancellation within five (5) days of receiving the service. To qualify for a refund, clients must submit a cancellation request and raise a support request clearly outlining the subject matter. Upon receipt and review of the request, we will process the refund within 10 business days, issuing it to the original method of payment if approved.
Refunds will only cover the remaining balance of the service. For instance, if you purchase a 6-month service and cancel after five days, the refund will pertain to the remaining 5 months and 24 days of service. This does not apply if you refund within the 5 days as outlined, this would warrant a full refund of your service as a gesture of good will.
Please be aware that we reserve the right to withhold refunds from clients found violating our terms of service or engaging in fraudulent activities.