Terms & Conditions of Service
The following terms and conditions (these "Terms") govern the provision by Flying Haggis Propriety Limited trading as Fluccs Australia. ("Company") of the services and/or products (referred collectively herein as "Services and Products") described on the relevant Order Form, the Service Level Agreement and Service Exhibit ? attached hereto (collectively the "Service Descriptions ") and defined in any of the Companys product support listing, to the customer ("Customer") identified on the Service Descriptions. The Service Descriptions, these Terms and the attachments and any addenda hereto, executed with respect to the Services and Products, are referred to herein, collectively, as this "Agreement."
By submitting the online order form, Customer hereby agrees to the following:
- The term of this agreement, and the provision by the Company of the services hereunder, is on a periodic basis and renewable on the anniversary of such period unless cancelled earlier pursuant to the express terms of this agreement.
- Customer agrees to pay for all services in advance of each payment term on or before the billing date specified in the invoice they receive from the Company.
- In the case of PAYG Cloud services the client must enter valid credit card details in our system and accept they will be auto charged for all fees accumulated in the provision of their server during a given month, at the end of that calendar month
- Clients on monthly payment plans are required to set up an automatic payment facility to arrive in our account on or before the due date each month.The options are available are by BPay (client initiated) or automated Credit Card charging through our billing system
- Responsibility for payments being received by Fluccs Australia on or before the due date of all invoices lies entirely with the client. Any account where payment has not been received by the due date may be subject to suspension and a re-activation charge may apply
- Customer agrees to be bound by the service term selected on the online order form or via applicable promotional codes.
- All set-up fees are non-refundable as are service fees unless covered by the 30 day money back guarantee. Customers shall not be entitled to any refunds, pro-rated or otherwise in the event of early termination of this agreement by the customer or the Company according to the terms herein.
- Domain name registrations - refunds will only be given if cancellation is made immediately and it is possible for us to reverse the transaction with our provider and obtain a refund of the payment and cancel the registration
- Dedicated Server rental charges will be incurred immediately at signup but the first rental period will not commence until the client is provided access to the server
- All payments must be received and in the account of Fluccs Australia on or before the due date. Should payment not be received by this date the service will be automatically be suspended without further notice and will incur a $25 reconnection fee. Once an invoice falls 7 days past due it will be forwarded to a debt collection agency and the customer is liable for any resulting fees from this action.
- Web Design - A minimum of a 50% deposit is required in advance of any work being commenced and the commissioned work will not be made 'live' until such time as all outstanding invoices are paid and received by Fluccs Australia. All work will remain the property of Fluccs Australia until such time as all payments are received and the work is released
- Auto renewal of service plans- All agreements will be automatically renewed at the end of the their billing period unless notification of intent to cancel is received in compliance with our Cancellation policy below
- Cancellation of any and all products and services must be submitted through your client billing and support area at https://clients.fluccs.com.au at least 7 days before the next invoice is due to be paid for that product or service. Failure to do so will require payment of any and all outstanding invoices before notice of cancellation will be accepted.
Note - communication of intent to cancel by any other medium will not be accepted in order to protect the integrity of your account.
- In the event of a refund being claimed under the 30 day money back guarantee if a free domain name was obtained as part of the sign up the cost of that will be deducted from the amount of the refund at the going rate on the Fluccs Identity site. Any payment for a domain name will not be refunded unless it is possible for Fluccs to cancel the registration through the registrar and obtain a refund
- Company is not responsible for data integrity on equipment reclaimed for non-payment.
- Customer agrees to adhere to the Company's Acceptable Use Policy, as amended from time to time by the Company.
- Customer agrees to adhere to the Company Data Centre Rules and Procedures.
- Company reserves the right to terminate service immediately to any subscriber it deems, in its sole discretion, violates any condition of service including the Acceptable Use Policy, Data Centre Rules and Procedures, and Terms of Services. In the event of such a cancellation no refunds will be issued
Additionally, in consideration for services to be delivered, Customer agrees to be bound to the following terms:
Customer agrees to indemnify and hold harmless Company and the employees and agents of Company (each an "Indemnified Party") against any losses, claims, damages, liabilities, penalties, actions, proceedings or judgements (collectively, "Losses") to which an Indemnified Party may become subject and which Losses arise out of, or relate to this Agreement or Customers use of the Services and Products, and will reimburse an Indemnified Party for all legal and other expenses, including reasonable attorneys fees incurred by such Indemnified Party in connection with investigating, defending or settling any Loss whether or not in connection with pending or threatened litigation in which such Indemnified Party is a party.
Limitation on Company Liability
Company shall not be deemed to be in default of any provision of this Agreement or be liable for any failure of performance of the Services and Products to Customer resulting, directly or indirectly, from any (i) weather conditions, natural disasters or other acts of God, (ii) action of any governmental or military authority, (iii) failure caused by telecommunication or other Internet provider, or (iv) other force or occurrence beyond its control. The exclusive remedy against Company for any damages whatsoever to Customer arising out of or related to this Agreement shall be the refund of the fees paid by Customer to Company with respect to the then current term of this Agreement. COMPANY SHALL NOT BE LIABLE FOR (i) ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS OR LOSS OF REVENUE RESULTING FROM THE USE OF THE COMPANYS SERVICES AND PRODUCTS BY CUSTOMER OR ANY THIRD PARTIES, OR (ii) ANY LOSS OF DATA RESULTING FROM DELAYS, NONDELIVERIES, MISDELIVERIES OR SERVICE INTERRUPTIONS COMPANY PROVIDES THE SERVICES AND PRODUCTS AS IS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED COMPANY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE AND SUITABILITY OF THE SERVICES AND PRODUCTS AND COMPANY SHALL HAVE NO LIABILITY THEREFORE.
Unless otherwise specified herein, any notices or other communications required or permitted shall be through the help desk at https://clients.fluccs.com.au using the log in of the account in question
This Agreement shall be governed by and construed in accordance with the laws of the State of Queensland, without regard to choice of law provisions that would cause the application of the law of another jurisdiction.
Failure by either Company or Customer to enforce any of the provisions of this Agreement or any rights with respect hereto or the failure to exercise any option provided hereunder shall in no way be considered to be waiver of such provisions, rights or options, or to in any way affect the validity of this Agreement. If one or more of the provisions contained in this Agreement are found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.In addition to these Terms of Service the client agrees to be bound by our Acceptable Usage Policy