Terms of Service

  1. Definitions
    1. “Customer” means the person or entity who ordered services provided by Insight Hosting.
    2. “Customer Service” means the relationship between Insight Hosting staff and the Customer, with the purpose of assisting the Customer with a question they have asked.
    3. “Service”, “Service(s)” or “Services” 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, or SSL
    4. “Ticket” refers to a secure electronic message sent by the Customer to Insight Hosting for any questions they may have with any Service(s).
  2. Acceptance
    1. The Customer signified acceptance of our Terms of Service when they submitted their order to Insight Hosting for Services, and that order was accepted.
    2. 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.
  3. Availability of Services
    1. While Insight Hosting will endeavour to provide continuous availability of all Service(s) to the Customer, Insight Hosting will not be liable for any Service interruptions or down time that is not covered by a Service Level Agreement (where applicable).
    2. Scheduled maintenance will be performed at a time which is deemed suitable by Insight Hosting, and should it require any Services to be offline for greater than thirty (30) minutes, Insight Hosting will post details of the scheduled maintenance at least two (2) days prior.
    3. Unscheduled maintenance will be performed as required by Insight Hosting and should any Service(s) be offline for greater than thirty (30) minutes, Insight Hosting will post details of the maintenance and any updates until it has been completed. Details of these events can be found at https://www.insighthosting.net.au/status.
  4. Customer General Warranties and Undertaking
    1. The Customer warrants that any information supplied to Insight Hosting is true and correct and will be kept current and up to date via Insight Hosting.
    2. 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.
    3. The Customer warrants that at the time of entering into this agreement they are not relying on any representation made by Insight Hosting, its staff, agents or affiliates, which has not been expressly stated in this agreement.
    4. 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.
  5. Insight Hosting General Warranties and Undertaking
    1. Insight Hosting shall not be liable to the Customer for harm caused by or related to the Customer’s Service(s) or inability to utilise the Service(s) unless caused by gross negligence or wilful misconduct.
    2. Insight Hosting 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.
    3. Notwithstanding anything else in this agreement, the maximum aggregate liability that Insight Hosting, 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.
    4. Insight Hosting does not warrant that:
      1. Any Service(s) provided will be uninterrupted or error free;
      2. The Service(s) will meet your requirements, other than as expressly set out in this agreement;
    5. 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 Insight Hosting system.
    6. Insight Hosting 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.
    7. In no event will Insight Hosting 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.
    8. Third party services engaged by the client through cPanel including but not limited to SEO and web design tools are done so at the Customer’s own undertaking. Insight Hosting 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.
  6. Accounts and Billing
    1. The Customer agrees to a month to month contract term for Service(s) unless otherwise stated in the Service offering or otherwise agreed in writing. The month to month contract for Service(s) is automatically renewed each month in perpetuity subject to cancellation by the Customer.
    2. Monthly Service(s) are established as part thereof, signifying the beginning of a new month demotes commitment till the end of that monthly period.
    3. In relation to fees for Service(s):
      1. Fees for Service(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.
      2. The order date of any Service(s) will serve as the anniversary date for all future billings including one-time fees, upgrades, additional services, cancellations and service credits.
      3. Fees are due in advance of the billing cycle and will be invoiced to the Customer ten (10) days prior to the due date. 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.
    4. In relation to fees for upgrades to Service(s):
      1. 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 Service(s) only allows annual or biennial billing cycles (eg. domain name registrations, et cetera).
      2. 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.
      3. 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.
      4. Additional fees may be payable for upgrades where manual work is required by Insight Hosting to process the upgrade request.
    5. In relation to fees for downgrades to Service(s):
      1. Downgrades will be processed when the request is received from the Customer, unless otherwise specified in the request.
      2. 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.
      3. Additional fees may be payable for downgrades where manual work is required by Insight Hosting to process the downgrade request.
    6. Fees for one-off Service(s) including, but not limited to, dedicated IP addresses, SSL certificates, SMS credits, instant data blocks and instant disk blocks, are due within seven (7) days of the invoice being issued.
    7. All published prices are inclusive of any government taxes and charges unless otherwise noted.
    8. Any unpaid invoices in the Customer’s Account must be paid in full before new Service(s) will be provisioned.
    9. 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.
    10. Invoice(s) that are more than three (3) days past the due date will automatically incur a late payment fee of $9.95 which will be payable on top of the invoice amount.
    11. Service(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 Service(s) can be reactivated.
    12. Services with unpaid invoices that are not paid in full within fourteen (14) days of the due date will be automatically terminated. Restoration of terminated Service(s) is subject to Insight Hosting’s Terms of Service.
    13. Support for must be conducted via the online Support Centre in Insight Hosting.
  7. Payments by Credit Card
    1. In the event a new Service 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.
    2. 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.
  8. Refunds
    1. The following Service(s) are not eligible for a refund if the Service has been successfully provisioned by one of Insight Hosting’s suppliers:
      1. Any shared cPanel web hosting service
    2. A pro rata refund will be provided to account credit only if the refund request was made more than sixty (60) days after the order was placed for any shared cPanel web hosting service
    3. The Customer will not be entitled to a refund if any of Insight Hosting’s Terms, Policies and Agreements have been breached by the Customer.
    4. All other refunds will be processed at the sole discretion of Insight Hosting, 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.
  9. Cancellation
    1. The Customer can request cancellation of their Account or any Service(s) for any reason by logging in to Insight Hosting and submitting a cancellation request. For security reasons, we will not accept cancellation requests by any other method.
    2. Any pre-paid fees for Service(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 ticket through Insight Hosting.
    3. The Customer agrees to pay any outstanding invoices upon cancellation of their Service(s).
    4. If the Customer requests cancellation of a Service after the invoice for the renewal of the Service has been paid, a refund may be issued in accordance with the Refunds subsection of this agreement.
  10. Suspension and Termination of Service(s)
    1. Insight Hosting may suspend or terminate Service(s) if:
      1. 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;
      2. The Customer has become insolvent or bankrupt;
      3. The Customer has unpaid invoices.
    2. Insight Hosting may decide at its sole discretion to advise a Customer that their Account and/or Service(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.
    3. If a Customer’s Account is closed for any reason, or any Service(s) suspended or terminated, the Customer must pay all outstanding invoices by the due dates.
    4. If a web hosting service is suspended or terminated for any reason, Insight Hosting is under no obligation to provide the Customer with a copy of any data associated with the Service(s). Insight Hosting may provide the customer with a backup of the data, if it is available, for a fee of $199.95.
  11. Data Management
    1. It is the Customer’s sole responsibility to maintain regular off-site backups of their data. The Customer will not hold Insight Hosting liable for incomplete, out of date or corrupt data recovered from backups and archives.
    2. For shared cPanel web hosting Service(s), Insight Hosting makes every reasonable effort to backup and archive the Customer’s data on a regular basis for the sole purpose of disaster recovery.
    3. In the event of hard disk failure or data corruption of a shared cPanel web hosting Insight Hosting 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 Service(s) from their own copy or an off-site backup; and re-create all mailboxes, databases, FTP accounts, et cetera.
    4. Insight Hosting is under no obligation to maintain a backup of the Customer’s data following the suspension or cancellation of the Service for any reason.
    5. Insight Hosting holds no responsibility for any issues which arise during the use of third-party services including but is not limited to Acronis, Softaculous & Installatron. Issues which occur as a result of failed upgrade attempts by the Customer are outside the control of Insight Hosting.
  12. Governing Law
    1. The Customer agrees to abide by all local, state and federal laws pursuant to the Service(s) delivered by Insight Hosting.
    2. The Customer agrees that these and all Insight Hosting Terms, Policies and Agreements are governed by the laws of Western Australia, Australia, and agrees to the exclusive jurisdiction of the Courts of that state.
  13. Changes
    1. Insight Hosting may amend our Terms of Service at any time. Changes to this agreement will become effective upon their publication to our website.
    2. Continued use of the Service(s) constitutes acceptance of the amended terms. If you do not wish to accept the amended terms, you may request cancellation of your Services) in-line with our cancellation policy found within our Terms of Service.
  14. If you have any questions about this agreement, please contact our Customer Care team via email at [email protected]