Terms of Service

Definitions

“Customer” means the person or entity who ordered services provided by DedicatedWP. “Customer Service” means the relationship between DedicatedWP staff and the Customer, with the purpose of assisting the Customer with a question they have asked.

“Subscription”, “Subscription(s)” or “Subscriptions” 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, email hosting and/or FTP services to function at the level specified in the chosen service level, domain name registration or transfer or renewal, SSL, and VPS. These product(s) and service(s) are identified in full within the “sign up” and “service provision” emails DedicatedWP has sent after the Customer requests the service. The specific details of the Services can be found by logging in to Your Account or on our website.

“DedicatedWP Dashboard” refers to DedicatedWP’s customer account, billing and management portal,
available online at https://getdedicatedwp.com.

Acceptance

The Customer signified acceptance of our Terms of Service, as well as our Acceptable Use Policy, Privacy Policy, Customer Service Policy and any applicable Registrant Agreement, when they submitted their order to DedicatedWP for Services, and that order was accepted.

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.

Communication

The Customer agrees to receive emails and/or SMS messages directly relating to the Service(s) provided, as well as marketing and promotional emails and/or SMS messages from DedicatedWP to the email address and/or telephone number registered to their account. The Customer can unsubscribe from marketing and promotional emails and/or SMS messages only.

The Customer may opt-in to receive email and SMS notifications from our Service Status system in relation to their Service(s). This subscription can be modified at any time by the Customer through DedicatedWP Dashboard and are disabled by default.

Customers with eligible services may receive service specific notifications (including, but not limited to suspension notices) via SMS to their mobile device if a mobile number is present in DedicatedWP Dashboard.

If the Customer does not want to receive these mandatory service specific emails and/or SMS messages (where applicable), they are required to cancel all active Services and close their Account, in accordance with Section 11 of this policy. The Customer may, however, opt-out from receiving marketing and promotional emails and/or SMS at any time by disabling them in DedicatedWP Dashboard.

Availability of Services

While DedicatedWP will endeavour to provide continuous availability of all Service(s) to the Customer, DedicatedWP will not be liable for any Service interruptions or downtime that is not covered by a Service Level Agreement (where applicable).

Scheduled maintenance will be performed at a time which is deemed suitable by DedicatedWP, and should it require any Services to be offline for greater than thirty (30) minutes, DedicatedWP will post details of the scheduled maintenance at least two (2) days prior.

Unscheduled maintenance will be performed as required by DedicatedWP, and should any Service(s) be offline for greater than thirty (30) minutes, DedicatedWP will post details of the maintenance and any updates until it has been completed. Details of these events can be found at http://getdedicatedwp.com/status.

Customer General Warranties and Undertaking

The Customer warrants that any information supplied to DedicatedWP is true and correct and will be kept current and up to date via DedicatedWP Dashboard.

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.

The Customer warrants that at the time of entering into this agreement they are not relying on any representation made by DedicatedWP, its staff, agents or affiliates, which has not been expressly stated in this agreement.

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.

DedicatedWP General Warranties and Undertaking

DedicatedWP shall not be liable to the Customer for harm caused by or related to the Customer’s Subscription(s) or inability to utilise the Subscriptions(s) unless caused by gross negligence or wilful misconduct.

DedicatedWP 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.

Notwithstanding anything else in this agreement, the maximum aggregate liability that DedicatedWP, 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.

DedicatedWP does not warrant that:
a. Any Service(s) provided will be uninterrupted or error free;
b. The Service(s) will meet your requirements, other than as expressly set out in this agreement;
c. 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 DedicatedWP system.

DedicatedWP 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.

In no event will DedicatedWP 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.

Third party products or services engaged by the client through WordPress or cPanel including but not limited to plugins and themes are done so at the Customer(s) own undertaking. DedicatedWP 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.

Accounts and Billing

The Customer agrees to a month to month contract term for Subscription(s) unless otherwise stated in the Subscription offering (eg. domain names, SSL certificates, special Subscription(s) with an agreed term), or otherwise agreed in writing. The month to month contract for SSubscription(s) is automatically renewed each month in perpetuity subject to cancellation by the Customer.

Monthly Subscription(s) are established as part thereof, signifying the beginning of a new month denotes commitment till the end of that monthly period.

In relation to fees for Subscription(s):
a. Fees for Subscription(s) ordered by the Customer shall begin on the date of the initial order and the chosen billing cycle in advance. This may be monthly, quarterly, semi-annually, annually, biennially or triennially.
b. The order date of any Subscription(s) will serve as the anniversary date for all future billings including one time fees, upgrades, additional services, cancellations and service credits, unless the Service(s) only allows annual or biennial billing cycles (eg. domain name registrations, SSL certificates, et cetera) for that particular Service.
c. Fees are due in advance of the billing cycle and will be invoiced to the Customer ten (10) days prior to the due date by default. 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. In relation to fees for upgrades to Subscription(s):
a. 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, unless the Subscription(s) only allows annual or biennial billing cycles (eg. domain name registrations, et cetera).
b. Upgrades ordered by the Customer after the billing anniversary date will be prorated to the next anniversary date at the full monthly cost. Future fees will appear as the new plan from your existing anniversary billing date.
c. Fees for upgrades will be payable within seven (7) days of the upgrade taking place. 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.
d. Additional fees may be payable for upgrades where manual work is required by DedicatedWP to process the upgrade request.
8.5. In relation to fees for downgrades to Subscription(s):
a. Downgrades will be processed when the request is received from the Customer, unless otherwise specified in the request.
b. An Account credit will be issued to the Customer’s Account for the difference of any prorated pre-paid amount minus the cost of the new plan prorated on the chosen cycle.
c. Additional fees may be payable for downgrades where manual work is required by DedicatedWP Australia to process the downgrade request.

Fees for one-off Subscription(s) are due within seven (7) days of the invoice being issued.

All published prices are inclusive of any government taxes and charges unless otherwise noted.

Any unpaid invoices in the Customer’s Account must be paid in full before new Subscription(s) will be provisioned.

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.

Subscription(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 Subscription(s) can be reactivated.

Subscriptions with unpaid invoices that are not paid in full within fourteen (14) days of the due date will be automatically terminated. Restoration of terminated Subscription(s) is subject to DedicatedWP’s Terms of Service.

Payments by Credit Card

In the event a new Subscription 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.

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.

Refunds

The following Subscription(s) are not eligible for a refund if the Subscription has been successfully provisioned by one of DedicatedWP’s suppliers:
a. Domain names;
b. SSL certificates;
c. Google Workspace; and
d. Software licences. A full refund will be provided to either account credit or returned to the original payment method, if the order was placed within thirty (30) days of the date that the refund was requested for any of the following Subscription(s):
a. Any shared cPanel web hosting Subscription;
b. Any dedicated email hosting Subscription;
c. Any VPS hosting Subscription; and
d. WordPress Plugin, Theme and Core Management. A pro rata refund will be provided to account credit only if the refund request was made more than thirty (30) days after the order was placed for any of the following Subscription(s):
a. Any shared cPanel web hosting Subscription;
b. Any dedicated email hosting Subscription;
c. Any VPS hosting Subscription; and
d. WordPress Plugin, Theme and Core Management Subscription.

The Customer will not be entitled to a refund if any of DedicatedWP’s Terms, Policies and Agreements have been breached by the Customer.

All other refunds will be processed at the sole discretion of DedicatedWP, 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.

Cancellation

The Customer can request cancellation of their Account or any Subscription(s) for any reason by logging in to DedicatedWP Dashboard and submitting a cancellation request. For security reasons, we will not accept cancellation requests by any other method.

Any prepaid fees for Subscription(s) past the current billing month will be refunded in accordance with the Refunds subsection of this agreement once a refund request has been made by the Customer. This can only be done by submitting a request through your DedicatedWP Dashboard.

The Customer agrees to pay any outstanding invoices upon cancellation of their Subscription(s).

If the Customer requests cancellation of a Subscription after the invoice for the renewal of the Service has been paid, a refund will be issued in accordance with the Refunds subsection of this agreement.

Suspension and Termination of Subscription(s)

DedicatedWP may suspend or terminate Subscription(s) if:
a. 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;
b. The Customer has become insolvent or bankrupt;
c. The Customer has unpaid invoices.

DedicatedWP may decide at its sole discretion to advise a Customer that their Account and/or Subscription(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.

If a Customer’s Account is closed for any reason, or any Subscription(s) suspended or terminated, the Customer must pay all outstanding invoices by the due dates.

If a web hosting, dedicated email hosting or VPS Service is suspended or terminated for any reason, DedicatedWP is under no obligation to provide the Customer with a copy of any data associated with the Subscription(s). VentraIP Australia may provide the customer with a backup of the data, if it is available, for a fee of $199.95.

Data Management

It is the Customer’s sole responsibility to maintain regular offsite backups of their data. The Customer will not hold DedicatedWP liable for incomplete, out of date or corrupt data recovered from backups and archives.

For shared cPanel web hosting, shared WHM (Reseller) web hosting and dedicated email hosting Subscription(s), DedicatedWP makes every reasonable effort to backup and archive the Customer’s data on a regular basis for the sole purpose of disaster recovery.

DedicatedWP does not take automated system backups of Virtual Private Server (VPS) Subscription(s) or any other Subscription(s) unless explicitly stated.

In the event of hard disk failure or data corruption of a shared cPanel web hosting or dedicated email hosting server, DedicatedWP 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 Subscription(s) from their own copy or an off-site backup; and re-create all mailboxes, databases, FTP accounts, et cetera.

If the Customer requires DedicatedWP to supply a backup of their data for an active shared cPanel web hosting, shared WHM (Reseller) web hosting or dedicated email hosting Service, for any reason or purpose that is not the direct fault of DedicatedWP, a fee of $49.95 per Subscription will be payable by the Customer before the data will be made available. Subscriptions in a suspended, cancelled or terminated state within DedicatedWP Dashboard are not considered an active Subscription.

DedicatedWP is under no obligation to maintain a backup of the Customer’s data following the suspension or cancellation of the Subscription for any reason.

DedicatedWP Australia holds no responsibility for any issues which arise during the use of third party services including but is not limited to Acronis, Softaculous and Installatron. Issues which occur as a result of failed upgrade attempts by the Customer are outside the control of DedicatedWP.

Use of Identity

The Customer agrees that the use of any DedicatedWP logo or company information is within approved marketing guidelines.

DedicatedWP Australia agrees not to use a Customer name, logos or information without prior written consent of the Customer.

Governing Law

The Customer agrees to abide by all local, state and federal laws pursuant to the Subscriptions(s) delivered by DedicatedWP Australia.

The Customer agrees that these and all DedicatedWP Australia Terms, Policies and Agreements are governed by the laws of New South Wales, Australia, and agrees to the exclusive jurisdiction of the Courts of that state.

Changes

DedicatedWP may amend our Terms of Service at any time. Changes to this agreement will become effective upon their publication to our website.

Continued use of the Subscription(s) constitutes acceptance of the amended terms. If you do not wish to accept the amended terms, you may request cancellation of your Subscriptions) in-line with our cancellation policy found within our Terms of Service.

If you have any questions about this agreement please contact our Customer Care team via email at
[email protected]