By purchasing any hosting or additional service or product from Jive Media Pty Ltd (Jive Media Solutions), you (The Customer) are entering into an agreement with Jive Media Solutions that is bound by the Terms of Service (“TOS”) outlined in this document. This Agreement shall be construed in all respects in accordance with the laws of the state of WA, Australia applicable to contracts enforceable in that state. By completing the ordering process, you agree to have read, understood, and be bound by these Terms of Service.
1.1 Hosting service – Any shared, reseller, virtual, or dedicated service used to store and deliver web based content.
1.2 Additional services – Any product or service that is considered an “addon” to a primary hosting service, or which covers one off charges for additional work carried out by a Jive Media Solutions staff member.
1.3 Resource usage – Any and all allocated resources provided to the customer to allow for the storage and delivery of the the web based content within a hosting service. This includes but is not limited to disk space, Memory, CPU and Bandwidth.
1.4 Subscription – The term (monthly, quarterly, semi-annually, annually) applicable to the purchased service.
1.5 Client Portal – An account management interface for managing the billing aspects of hosting or additional services purchased including invoices, contact information, and domain registrations.
2.1 Payment – Establishment of any hosting or additional service is dependent upon receipt by Jive Media Solutions of payment of stated charges as outlined on the Jive Media Solutions website or any other documentation or custom quote provided to The Customer. Subsequent payments are due on the anniversary date of the subscription term in advance for the following subscription term’s service. All service fees are disclosed within a product description or will be disclosed to the customer prior to payment being required for any custom quotations or services ordered via phone.
2.2 Setup Fee – The Customer agrees to pay in advance and in full any amount of a non-recurring nature required for the initial deployment of the purchased hosting service. Any such fees are listed as setup fees in the service description or will be disclosed in any custom quotations prior to any server provisioning, equipment acquisition or installation by Jive Media Solutions.
2.3 Recurring fee – All subscriptions for hosting services provided by Jive Media Solutions are recurring by nature and the Customer agrees to pay any recurring fees listed in the Service description in advance each anniversary date until such time as The Customer submits a cancellation request in accordance with these Terms of Service.
2.4 Non-Refundable Fees – Certain fees paid to Jive Media Solutions are considered non-refundable due to the nature of the product or service purchased and this includes but is not limited to the following:
2.4.1 Third Party Products – Products supplied by Jive Media Solutions where Jive Media Solutions acts as a reseller for another provider (e.g. domain registrations, SSL certificates, third party product licences) are provided as non-refundable products and refunds cannot be provided once the product has been activated on an account.
2.4.2 Advanced Administration Time – Services where additional labour is to be carried out by Jive Media Solutions staff are non-refundable once the additional labour has been carried out.
2.5 Additional Resource Usage fees – Should Customer exceed the total amount of included hosting resource utilization as described in Service Definitions. Customer agrees that overage fees will apply and be due immediately. Current pricing for additional resource utilization is resource specific and maintained in the Client Portal.
2.6 Invoices and Statements – invoices are provided to The Customer by email using the contact email address assigned to the Customer or any additional billing contacts within the Jive Media Solutions billing system. Invoices cannot be sent via postal mail or any other courier style service.
2.7 Statements – Jive Media Solutions does not provide written or printed statements. However, an account’s invoice history is always available for viewing by The Customer within the Client Portal.
2.8 Failure to Pay – Jive Media Solutions may temporarily deny service or terminate this Agreement upon the failure of The Customer to pay a subscriptions applicable recurring fees where the fees reach 28 days past due. Such termination or denial will not relieve The Customer of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees. Accounts that are not collectable by Jive Media Solutions may be turned over to an outside collection agency for collection which may result in additional fees or fines being payable.
REFUNDS, DISPUTES AND CANCELLATIONS
3.1 Money Back Guarantee – Jive Media Solutions provides a 30-day Money Back guarantee for shared or reseller hosting services and a 7-Day Money Back Guarantee for Dedicated, VPS, or Cloud hosting service ordered under a subscription period of quarterly or greater.
3.2 Refunds – All payments to Jive Media Solutions are non-refundable, except where the money back period is applicable and the refund request is made within 30 days of the service signup date. One time setup and additional fees are non-refundable except where an ordered hosting or additional service cannot be provided by Jive Media Solutions. Where an ordered service cannot be provided but an alternative service is provided in its place, all applicable one-time setup fees will remain payable. Refunds are not provided automatically and must be requested by the customer within 30 days of requesting cancellation.
3.3 Disputes – All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in Jive Media Solutions’ sole discretion is a valid charge under the provisions of these Terms of Service, you agree to pay Jive Media Solutions an “Administrative Fee” of not less than $50 and not more than $150.
3.4 Service Cancellation by The Customer – Jive Media Solutions provides an ongoing recurring service which will remain active until such time as The Customer submits a cancellation request by completing the online cancellation form available within their Client Portal. Requests for cancelling accounts must be submitted within 2 business days prior to the next due date to ensure no further fees are payable.
3.4.1 No Cancellation Fee – Jive Media Solutions does not charge a cancellation fee and does not refund prepaid fees except where the Money Back Guarantee is applicable.
3.4.2 No Access to Account – If The Customer wishes to cancel a service and is unable to access the Client Portal for any reason, The Customer must make contact with Jive Media Solutions via phone or email to obtain necessary login information or instructions to proceed with the cancellation request.
3.4.3 Customer Data – Upon successful cancellation of a hosting service, all data stored within the cancelled service will be removed. Jive Media Solutions does not provide any guarantees that The Customer’s data will be retrievable once the cancellation process has been completed.
3.5 Service Cancellation by Jive Media Solutions – Jive Media Solutions may cancel The Customer’s hosting service for any breach of these Terms of Service or the AUP without prior notification. Jive Media Solutions does not provide any guarantees that The Customer’s data will be retrievable once the cancellation process has been completed.
4.1 Account Owner – The highest authority of a single Client Portal Account is considered the Account Owner. Individual hosting or additional services that are associated with an account, are controlled by the Account Owner and modifications and updates to an account’s information can only be actioned by the Account Owner or their Authorised Additional Contact. The Account Owner is established at the time the account is created. The details of an Account Owner must be that of a real person. It is not permitted to use fictitious or “fake” names for the details of an Account Owner. Accounts containing fictitious or “fake” names, and contact details that do not reflect the details of a real person may be suspended or terminated without notice.
4.2. Account Information – The Customer warrants that all information provided to Jive Media Solutions is truthful and correct and accurate and up to date and that the person designated as the Account Owner is of or above 18 years of age and is legally empowered to act and enter into this contract as The Customer or on behalf of The Customer as indicated on the relevant application form.
4.2.1 Maintaining Account Information – The Customer is responsible for maintaining the contact information stored within their account and failure to maintain up to date contact information does not warrant the waiving of any fees, overdue fees, or warnings issued by Jive Media Solutions.
4.3 Authorised Additional Contact – The Account Owner may add and authorise an additional contact person or persons to act on their behalf. The Account Owner is limited to adding one additional billing contact and a maximum of three additional technical contacts and account’s found to have more than the allowed maximum additional contacts will be requested to remove the excess to ensure adherence to the limits.
For any additional contact added to an account to be able to request account modifications, the Authorised Additional Contact must be configured as a sub-contact with their own login information and have appropriate permissions set. If the Authorised Additional Contact is not activated as a sub-account, the contact will only have limited permissions to support for a service and will not be able to request configuration changes to the hosting or DNS.
4.4 Account Transfer – The Account Owner role can be transferred to another Authorised Additional Contact or Jive Media Solutions Customer by contacting our billing support team to obtain the appropriate steps. To contact billing support via the ticket system, please click here.
4.5 Account Closure – An account will be automatically deactivated when no active hosting or additional services are being operated under the account.
DOMAIN REGISTRATIONS, TRANSFERS AND RENEWALS
5.1 Domain Registrations – successful domain registrations that have completed the registration process and are considered active by the Domain Registrar are final and cannot be cancelled or refunded. Some domain extensions may require additional information to complete the registration and Jive Media Solutions provides no guarantees that an ordered domain registration will be successful. It is The Customer’s sole responsibility to ascertain what information is required to register a particular domain prior to placing any domain registration orders.
5.1 Domain Transfers – Domain transfers typically take 5-7 days to complete once final authorisation has been received by the Domain Registrar, with the exception of .au domains which take 48 hours once final authorisation has been actioned. Jive Media Solutions has no authority to speed up a domain transfer and cannot place any guarantees on how long a transfer will take to complete. The Customer must ensure all contact information is updated with current Domain Registrar and the appropriated transfer codes have been obtained prior to placing a domain transfer order with Jive Media Solutions.
5.3 Domain Renewal – Domains must be renewed prior to their expiration date to avoid the domain becoming inactive. Multiple notifications are sent to The Customer advising them of upcoming domain renewals starting from 60 days prior to the listed expiry date. Jive Media Solutions has no control over keeping the domain active once it has reached its expiry and does not take responsibility for a website becoming inaccessible due to The Customer not renewing their domain.
GENERAL TERMS AND SUPPORT BOUNDARIES
6.1 Support Boundaries – Jive Media Solutions provides technical support to its direct customers only. Jive Media Solutions’ support is designed to assist customers with the use of and connections to the hosting service and does not extend to diagnosing or fixing issues that relate to the coding of a website or web application hosted within The Customer hosting service.
6.1.1 Support to Customers of The Customer – Jive Media Solutions does not provide direct technical support to customers of The Customer. Resellers, Affiliates, Dedicated and VPS customers, and customers who have multiple individual hosting accounts under a single Client Portal account must not advise their customers to contact Jive Media Solutions directly and should instead contact Jive Media Solutions on their customer’s behalf. Jive Media Solutions is happy to assist with all support issues that fall within the scope of our support boundaries when contacted by The Customer.
6.2 Advanced Support – Where Jive Media Solutions can and agrees to provide advanced support to The Customer, additional service fees are required for the provision of the advanced support. Fees for advanced support are payable in advance based on the time estimated by Jive Media Solutions for the additional task to be carried out. Jive Media Solutions provides no guarantees that an issue or task will be resolved within the estimated time, and if further time is required, additional advanced support time will need to be paid for prior to any further labour being carried out.
6.3 Responsibility for Content and Account Activity – The Customer is solely responsible for the content stored on and served by the hosting service purchased and the activity of any scripts or email services created under the hosting service. The Customer must maintain the security of all account passwords and applications or scripts and ensure all scripts under the hosting service are free from malicious content that may harm any part of the Jive Media Solutions infrastructure, other client accounts hosted by Jive Media Solutions, or the external systems of visitors viewing the hosted content.
6.4 Resource Usage – All hosting services purchased have a variety of resource limitations applied in accordance to the applicable plan associated with the service. It is The Customer’s responsibility to ensure their hosting service does not exceed the resources allocated and to upgrade their service if it is determined more resources are required to continue the smooth operation of a hosting service.
6.5 Media Streaming – Jive Media Solutions does not allow media streaming on Personal Hosting, Business Hosting, Reseller Hosting or VPS plans. Customers wishing to deliver media-streaming services should use our Dedicated Server Plans. Services that are found to be in breach of this clause face immediate suspension without prior notification.
THIRD PARTY TOOLS, APPLICATIONS AND LICENSES
7.1 Third Party Applications and Licenses – Jive Media Solutions may provide access to additional third party software and/or services (“Third Party Products”) through reseller or other commercial agreements Jive Media Solutions has established with certain vendors (“Third Party Vendors”). Unless otherwise stated, The Customer understands that product support for Third Party Products is provided by Jive Media Solutions and not by the Third Party Vendor. Neither Jive Media Solutions nor any Third Party Vendor makes any representations or warranties, express or implied, regarding any Third Party Products. The Customer expressly acknowledges and agrees that use of Third Party Products is at The Customer’s sole risk and such third party products are provided “as is” and without representation or warranty of any kind from Jive Media Solutions or any Third Party Vendor, including without limitation, any implied warranty of merchantability, fitness for a particular purpose, accuracy or completeness of responses or results, correspondence to description, or non-infringement of third party rights. To the maximum extent permitted by applicable law, neither Jive Media Solutions nor any third party vendor will be legally responsible for any damages, whether direct, indirect, or consequential, arising from the use or inability to use any third party product. The Customer agrees to observe the terms of any license and/or applicable end user subscriber agreement for Third Party Products and The Customer shall be fully liable to Third Party Vendors and/or Jive Media Solutions with respect to any improper use of such Third Party Products or violation of license agreements with them and/or applicable end user subscriber agreements.
7.2 Microsoft Licensing – Where licensing for Microsoft software has been purchased through Jive Media Solutions, the customer agrees to abide by the Microsoft Licensing terms, and were user licenses are being purchased, it is the customer’s responsibility to ensure they accurately report and obtain the appropriate level of user licenses for their uses as outline in Microsoft’s licensing terms.
7.3 Feature Availability – Jive Media Solutions provides no guarantees that any or all of the features available within a Third Party Product will be supported or made available to The Customer. It is at the sole discretion of Jive Media Solutions to determine which features are enabled and whether Jive Media Solutions will provide support for the use of enabled features.
ADDITIONAL LEGAL INFORMATION
8.1 Disclosure to Law Enforcement – Jive Media Solutions’ specifically prohibits the use of our service for illegal activities and The Customer agrees that Jive Media Solutions may disclose any and all customer information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the The Customer. Jive Media Solutions reserves the right to immediately terminate any hosting service found to be hosting content and performing activities of an illegal nature.
8.2 System and Network Security – Users are prohibited from violating or attempting to violate the security of the Jive Media Solutions Network. Violations of system or network security may result in civil or criminal liability. Jive Media Solutions will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include without limitation:
- Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
- Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
- Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, “flooding”, “mail bombing” or “crashing”.
- Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
- Taking any action in order to obtain services to which such User is not entitled.
8.3 Disclaimer – Whilst every effort is made to ensure the information provided on the Jive Media Solutions website and by Jive Media Solutions staff is accurate and free from errors, Jive Media Solutions provides no warranties, either express or implied, including but not limited to the service’s fitness for a particular purpose, except where to not offer any such warranties would be deemed unlawful as defined by the Trade Practices Act 1974 (Cth).
8.4 Limitation of Liability – Jive Media Solutions provides no guarantees that any hosting or additional service provided will be free from errors or interruptions. Jive Media Solutions will not accept liability for any costs or losses incurred by The Customer that result from:
- the use of or inability to use any Jive Media Solutions service;
- any errors, mistakes, omissions, interruptions, defects, or delays in operation or delivery;
- unauthorised access to Jive Media Solutions’ data or services;
- the suspension or termination of services due to obligations under law.
8.5 Indemnification – The customer agrees to indemnify Jive Media Solutions from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against Jive Media Solutions, that may arise or result from the use of any hosting service provided.
8.6 Modification to these Terms – Jive Media Solutions reserves the right to amend, update or change these terms of service without prior notification. Where changes are made that may impact The Customer’s use of a Jive Media Solutions service, The Customer will be advised by email using the primary email contact details within an account and the continuance in operation by The Customer of any hosting or additional services will constitute an acceptance of these Terms of Service.