Terms and Conditions & SLA (Service Level Agreement)

Fastdot acts as a neutral provider of digital services to the global Internet. Fastdot may suspend services provided to you or cancel your account if determined that you have violated Fastdot policies. Fastdot is required to enforce the Acceptable Use Policies and SLA of our upstream network providers. These include, but are not limited to: Telstra, Optus and Verizon. Customer agrees to the following terms of service:

1. Terms

Please be aware that you MUST follow Fastdot’s formal cancellation process Customer agrees to a minimum contract term for services as specified by their chosen billing cycle, unless otherwise agreed to in writing. The contract for services is automatically renewed each renewal period (1, 3, 6, 12 or 24 months) in perpetuity, subject to receiving a formal cancellation request by the Customer.

2. Service Fees

Fees for service(s) ordered by the Customer shall begin on the date of the initial order and that date shall serve as the anniversary date for all future billings including one time fees, upgrades, additional services, cancellations and service credits. Fees are due in advance of the service cycle (1, 3, 6, 12 or 24 months) and will be billed on the anniversary date of rebilling period.

3. Upgrade and downgrade Fees

1. Upgrades ordered on the billing anniversary date will be billed for the full service and will continue on each anniversary date.
2. Downgrade requests (package or billing cycle) need to be submitted at least 7 days before the new billing cycle.

Note: only up-to-date accounts can be upgraded or downgraded.

4. Additional Service Fees

Additional services ordered on the billing anniversary date will be billed for the full service and will continue each billing cycle on the anniversary date. Additional services ordered after the normal anniversary billing date will be pro-rated to the next anniversary date and billed as a one time pro-rata charge. Future charges will appear as full fees added to your existing anniversary billing date.

5. One Time Fees

One time fees, such as setup fees, administrative fees, bandwidth overages and late fees are due and payable at the time they are incurred, and agreed upon in writing or via ticket with approval.

6. Service Credits

Service credits will be issued to your Customer account and shall be used to automaticaly offset all future billable services as soon as the service invoices have been generated. Service credits shall not be issued as cash back to the Customer nor are service credits transferable to other account holders.

7. Cancellation by Client:

If for any reasons you to wish to cancel any services, Fastdot requires a thirty (30) day formal cancellation notice prior to the renewal billing date for discontinuance or downgrades of services. Please be aware that you MUST follow Fastdot’s formal cancellation process in the proper timely fashion to give an effective notice of non-renewal cancellation. Formal cancellation can ONLY be submitted from your Client Area located at: https://my.fastdot.com.au/clientarea.php. Please use the Client Area username / password combination predefined in your Customer Welcome Email! Once logged in, navigate to Portal Home > Client Area > My Products & Services > Product Details and select Management Actions > Request Cancellation Failure to follow Fastdot’s formal cancellation process with the requisite thirty (30) days effective notice will result in the account being re-billed as per the current billing cycle and no refunds can be issued.All customer data remaining after the cancellation date will be destroyed for security and privacy reasons. The customer is responsible for all money owed on the account from the time it is established to the time that cancellation has been confirmed by Fastdot. Transferring your domain name(s) or service(s) away from Fastdot does not mean your account is automatically cancelled. You must notify Fastdot to cancel your account, using the method listed above.

8. Cancellation and Termination of Services by Fastdot

Fastdot reserves the right to cancel your service at any time. If your account is cancelled because you have violated Fastdot usage policies, no refund will be provided.

9. Non-Payment

All payments are due in full on the anniversary date. Failure to remit payment for services on the anniversary date is a violation of the TOS. A late fee of 10% will be incurred for failure to remit payment for services on or before the anniversary date. Failure to remit payment for three (3) consecutive days, including the anniversary date, shall result in a termination of public access to Customer services. Failure to remit payment for services within seven (7) consecutive days, including the anniversary date, shall result in termination of access to the service network and all services shall be reclaimed. All Customer data remaining after seven (7) days of non-payment will be destroyed for security and privacy reasons.

10. Refunds & Disputes

An additional one-off administration fee of $55 will apply to all refunds issued. This does not apply to recurring account fees, please refer to clause 7 of these Terms and Conditions All services are non-refundable. This includes, but is not limited to: setup fees, one time fees, renewal and service fees, upgrade fees, additional service fees, administrative fees, and late fees. Customers seeking to resolve billing errors are instructed to open an billing ticket inside the Client Area located at http://my.fastdot.com/ Customer agrees not to chargeback any credit card payments for services rendered. A chargeback of payment for services rendered will result in an additional charge of $150 and will be subject to collection by an authorized collection agency.

9. Lawful Purpose

Fastdot may refuse service to anyone. You may use Fastdot services only for lawful purposes. You may not transmit any materials that are in violation of any Federal, State or Local laws. You may not transmit any copyrighted materials or material protected by trade secrets. Fastdot will make the decision as to whether materials violate its policies.

10. Specific Acceptable Usage Policies and Unauthorized Use

Fastdot will strongly react to any use or attempted use of an Internet account or computer without the owner’s authorization. This includes “social engineering” (tricking other people into releasing their passwords), password cracking, security hole scanning, etc. Any of these actions by a Fastdot customer, whether or not the attacked account or computer belongs to Fastdot, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, according to the seriousness of the attack. Fastdot may deny use of *.Fastdot.com third-level domain names which are found to be obscene, offensive, or pornographic. Content which is referenced by a *.Fastdot.com third-level domain may not be obscene, offensive, or pornographic. Determining these criteria is within Fastdot’s sole discretion.

11. Setup of Accounts

Fastdot endeavours to setup all shared hosting accounts within 24 hours, however, we reserve the right to delay setup of an account for fraud checks. Dedicated servers are setup within 7 days of the order being received.

12. Scripting and Development Support

Scripting and development support is outside of the realm of Fastdot’s hosting support boundaries. Clients must communicate directly with their web developer or designer regarding any queries relating to the development and managment of the client’s website and scripting.

13. Backups

The backup of customer data is the customer’s responsibility. Fastdot is not responsible for the files on customer accounts. If an account is cancelled, data recovery is not possible.

14. Termination

Fastdot reserves the right to suspend or terminate an account without prior warning if the following conditions have been met:

1. The customer account is compromised,
2. The customer account is abusing the server resource limits,
3. The customer account is sending unsolicited bulk emails; or,
4. The customer account is in direct breach of our Acceptable Usage Policies:
5. Activities which are explicitly forbidden by our Acceptable Usage Policy including, but not limited to:
   1. Online Game Servers
   2. Internet Relay Chat
   3. Proxy Servers
   4. Sites infringing on Copyright content, such as Illegal Warez sites
   5. Online Gambling
   6. Sites with illegal pornagraphic content
   7. Voice or Video on Demand services

In accordance with clause 25. Indemnification, Fastdot is NOT liable for any damages or expenses incurred by terminating account(s)

15. Account Security

Fastdot accounts must only be accessed by the authorized account holder, and it is the account holder’s responsibility to maintain a secure password. Customers must not distribute their username and password to any other individual or third party.

16. Website Security

Whilst Fastdot employs prorotective mechanisms to help protect against website vulnerabilities, it is the client’s responsibility to maintain the security of their website scripts and to keep their web applications up to date to address vulnerabilites as they are recognised.

17. Support

Technical support will only be provided to the authorised account holder or the authorised technical contact for an account as listed in our client billing area. The authorised account holder has the ability to add one additional technical contact to their account for the purpose of support only and the request for this contact to be added must be submitted in written form via our helpdesk. An authorised technical contact does not have the ability to request changes to be made to an account’s billing information, usernames or passwords. All support requests must be submitted via our online helpdesk https://my.fastdot.com/ and include the appropriate identity information to determine the person submitting the request is authorised to submit such requests. All support requests will be replied within 72hours. Installing, configuring, and troubleshooting third-party applications is outside the scope of support provided by Fastdot. Due to the quantity and evolving nature of software solutions, it is not feasible for us to keep up to date with every solution available. You are fully responsible for the installation and correct operation of any and all 3rd party scripts and applications. We will not provide any support relating to issues with 3rd party scripts or applications.

17.a Escalation Procedures

Fastdot is committed to delivering high-quality products and support to our valued customers. All initial and escalated support enquiries must be formally submitted via the Fastdot Client Area, https://my.fastdot.com/. In the event that you need to escalate a case, our senior technical staff are ready and available to help you quickly bring your issue to closure.

18. Reseller Support

Resellers are responsible for their own customers support issues. All support requests regarding a reseller’s customers must only be made by the authorized reseller account holder themselves for security reasons.

19. Insecure scripts

Fastdot places restrictions on certain types of script being installed on our servers due to security concerns. If in doubt as to whether your script is suitable for a shared environment, contact us via a Support Ticket.

20. Server Configuration and Security Upgrade Policy

Server upgrades will need to be performed periodically. We will endeavour to provide at least one (1) week notice prior to scheduled updates. However, we reserve the right to perform emergency upgrades of our servers at any time to fix known vulnerabilities and secure our shared hosting environments.

21. Spam and Mass Mail Out Policies

If you send unsolicited email or cross post to Usenet newsgroups, you may be subject to immediate cancellation. Fastdot may cancel your account and terminate your services immediately, with no prior notice and no refund of unused service fees.

22. Payment Policies

All major credit cards are accepted. Processing is done via 3rd party International Creditcard merchant.

22.a Initial Fees

Payment of the setup fee and first period’s charges are required for Fastdot to activate your service. Setup fees are non-refundable. Fees for domain name setup, renewal, or transfer are non-refundable. Fastdot will notify you by email if the initial charge to your card is declined. A second attempt to bill the card will be made in three days. If the card is again declined and you have not provided alternate valid credit card information, Fastdot will cancel your order. Please note that services will not be activated until payment is received. Payment by Check or Direct Deposit requires prior authorisation by Fastdot. Please open a Support Ticket from your Client Area to ask about Direct Deposit / Check payment methods.

23. Recurring Charges

You must pay for your service by the first day of each billing cycle. Billing cycles are based on when you initially signed up for service. When paying by credit card, the client aggrees that Fastdot automatically charge their credit card on the first day of the billing cycle . Your account will be suspended if three attempts to charge the card are declined.

24. Pricing Policy

Fastdot will not change your fees during the middle of your billing cycle. If fees change, they will go into effect the first day of your next billing cycle. If you signed up for Fastdot under a special promotion and you change your services, the special promotion pricing will no longer be valid for your new services.Fastdot may change package features and specifications at its discretion.

25. Indemnification

Customer agrees that it shall defend, indemnify, save and hold Fastdot harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Fastdot, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Fastdot against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Fastdot’s server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customer from Fastdot’s server.

26. Disclaimer

Fastdot will not be responsible for any damages customers or their enterprises may suffer. Fastdot makes no warranties of any kind, expressed or implied for services we provide. Fastdot disclaims any warranty, merchantability or fitness for a particular purpose. The includes loss of data resulting from delays, non-deliveries, wrong delivery, any and all service interruptions caused by Fastdot and its employees. Fastdot reserves the right to revise its policies at any time.

27. Limitation of Liability

In no event shall Fastdot be liable to customer for any damages resulting from, or related to, any failure or delay of Fastdot in providing access to the internet under this agreement. Fastdot makes no warranties of any kind, expressed or implied for services we provide. Fastdot disclaims any warranty, merchantability or fitness for a particular purpose. In no event shall Fastdot be liable to customer for any indirect, special or consequential damages or lost profits arising out of or related to this agreement, the performance or breach thereof, or the accuracy or correctness of databases or the information contained therein, even if Fastdot has been advised of the possibility thereof. Any claim or legal action arising out of failure, malfunction or defects in Fastdot services or goods, or arising from this contract in any respect, shall be brought within a period of one (1) year following the occurrence or said claim shall be deemed waived. Fastdot’s liability to customer hereunder, if any, shall in no event exceed the total amount customer paid to Fastdot hereunder. Fastdot will not be responsible for any damages suffered by customer in any way related to this agreement. This includes loss of data resulting from delays, non-deliveries, wrong deliveries, and any and all service interruptions caused by Fastdot and its employees by its own negligence or customers errors or omissions. Fastdot reserves the right to revise its policies at any time. In an effort to protect the privacy and rights of Fastdot customers and visitors to our website, Fastdot has established the following Privacy Policy.

28. Privacy Statement

The privacy and security of data of our users is of the highest importance to Fastdot Web Hosting. Fastdot is committed to safeguarding the information Users entrust to Fastdot. To protect your data we have put in place suitable physical, electronic and managerial procedures in order to safeguard and secure your data at all times.

29. Disclosure of Information

Unless we are explicitly obliged or permitted by law to do so, your personal and account data will not be disclosed to third parties. Fastdot will not disclose the personal and account data of Fastdot customers unless Fastdot has reason to believe that disclosing such information is necessary to identify, make contact with, or bring legal action against someone who may be causing harm or interfering with the rights or property of Fastdot, Fastdot customers, or others, or if Fastdot is obliged or permitted by law to do so where Fastdot has a good faith belief that such disclosure is required by law. Fastdot also will not, except for reasons stated below, disclose to third parties the contents of any electronic mail or other electronic communications that Fastdot stores or transmits for it’s customers. The circumstances under which Fastdot will disclose such electronic customer communications are when:

1. It is necessary in order to provide service or support to the customer.
2. It is necessary to protect the legitimate interests of Fastdot and Fastdot customers.
3. It is required for cooperation with relevant law enforcement agencies under the governance of NSW Law. Such as interception orders, warrants, or other legal processes that Fastdot determines in it’s sole discretion to be valid and enforceable.
4. It is necessary to provide to a law enforcement agency when the contents are inadvertently or as above obtained by Fastdot and appear to pertain to criminal activity.

In accordance with our Privacy Policy and as per Fastdot’s Terms and Conditions, the integrity and backup of customer account data remains at all times the sole responsibility of the account holder. Fastdot offers no guarantee for account data and accepts no responsibility relating to the storage and backup of account data stored by customers.

30. SERVICE LEVEL AGREEMENT (SLA)

SERVICE LEVEL AGREEMENT RELATING TO THE SUPPLY OF SERVICES (“SERVICE LEVEL AGREEMENT”)

1. COVERAGE AND TERMINOLOGY
   1. This Service Level Agreement (SLA) applies to the Services provided by or on behalf of FASTDOT to a current Customer (as defined in the Standard Terms).
   2. The application of this SLA with respect to Service Level Credits to the Customer by FASTDOT is subject to and conditional upon the Customer’s account with FASTDOT being current (i.e., not past the due date for payment of fees) at the time of any Outage giving rise to a Service Level Credit and at the time any credit is requested is made under this SLA.

2. SERVICE LEVEL COMMITMENT
   1. A FASTDOT website Service (i.e., a Service based largely or wholly on the provision of infrastructure for a website) is Availableif it can be accessed by third parties via HTTP and/or HTTPS outside the FASTDOT network, as assessed by FASTDOT.
   2. A FASTDOT Non-website Service is Available if the Service can be accessed from outside the FASTDOT network at the operating system level, as assessed by FASTDOT.
   3. Availabilitymeans the percentage of a particular month (based on 24-hour days for the number of days in the subject month) that the FASTDOT Service is Available. Unavailable means any time the FASTDOT Service is not Available. An Outage is defined as any continuous period the FASTDOT Service is not Available.
   4. Under no circumstances does the SLA cover anything (including software) not provided by FASTDOT as part of the FASTDOT Service.
   5. Service Level Credits. Subject to the terms and conditions of this SLA, should the Availability of a FASTDOT Service drop below 99.99% in any calendar month (i.e., an outage of more than 4.32 minutes), FASTDOT will provide a credit to the Customer’s account based on the duration of the Outage, according to the following table

7. Service Level Credits are calculated based on the Credit Percentage multiplied by the monthly service charge for the affected FASTDOT Service.
8. A Customer will not receive Service Level Credits, and FASTDOT will have no liability to the Customer under this SLA or otherwise in connection with any failure or deficiency of Availability caused by or associated with:
   • circumstances beyond FASTDOT’s reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, act of terrorism, armed conflict, embargo, fire, flood, strike or other labour disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, virus attacks or hackers, failure of third party software (including, without limitation, ecommerce software, payment gateways, chat, statistics, or free scripts) or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of this SLA;
   • failure of access circuits to the FASTDOT’s network or upstream providers, unless such failure is caused solely by FASTDOT;
   • Planned, Urgent, or Emergency Maintenance Periods;
   • DNS issues outside the direct control of FASTDOT, including DNS propagation of DNS entries;
   • the provision or use of domain names or SSL certificates;
   • issues with FTP, POP, IMAP, or SMTP access;
   • issues with access to any system Control Panel or Portal provided by FASTDOT for the Customer to administer the system;
   • false SLA breaches reported as a result of outages or errors of any of FASTDOT′s measurement or monitoring systems;
   • the restoration of data from backup;
   • the Customer’s acts or omissions (or acts or omissions of others engaged or authorized by the Customer), including, without limitation, custom scripting or coding (e.g., CGI, Perl, HTML, ASP, etc.), any negligence, wilful misconduct, or use of the FASTDOT Services in breach of the User Agreement;
   • e-mail or webmail delivery and transmission; or
   • outages elsewhere on the Internet that hinder or prevent access to the Customer’s FASTDOT Services or account; or
   • browser or DNS caching that may make the FASTDOT Services inaccessible to the Customer when others can still access the FASTDOT Service.
9. Outages and other detrimental impacts of the following causes will be ignored when calculating the Customer’s Service Availability:
   • Planned, Urgent, or Emergency Maintenance Periods;
   • Denial of Service attacks, hacks, or other forms of third-party intrusion;
   • Any Outage caused, or substantially caused, directly by the actions of the Customer;
   • IP address blacklisting by third parties; and
   • Outages or interruptions caused by the actions of third parties outside of FASTDOT’s reasonable control.

• The maximum Service Level Credit under this SLA shall not exceed one month’s fee for that FASTDOT Service paid by the Customer with respect to that month during which the FASTDOT Services are detrimentally impacted.
• Service Level Credits shall not be made for any FASTDOT Service on trial or provided free of charge.
• Service Level Credits are neutral is relation to any applicable taxes charged to the Customer or collected by FASTDOT.
• Service Level Credits are the Customer’s sole and exclusive remedy with respect to any failure or deficiency in availability of the FASTDOT Services.

3. SERVICE LEVEL CREDIT REQUEST PROCEDURE
   1. To request a Service Level Credit under this SLA, the Customer must send an email or written credit request to the FASTDOT Accounts Department (accounts@FASTDOT.com.au) within 30 days of the Outage or issue first occurring.
   2. The Customer must provide their Account ID and all dates and times they believe the FASTDOT Service was not available in any Service Level Credit Request.
   3. If the Service unavailability is confirmed by FASTDOT, credits will be applied within two billing cycles after FASTDOT’s receipt of the Service Level Credit Request.
   4. Service Level Credits are not refundable and can be used only towards future billing charges on the Customer’s account.
   5. Service Level Credits are not transferable to another FASTDOT Customer.

4. MAINTENANCE
   1. In order for FASTDOT to provide the FASTDOT Services, the Customer acknowledges and accepts that FASTDOT will need to perform maintenance on the systems used to provide the FASTDOT Services, and that such maintenance could result in the FASTDOT Services being unavailable during some or all of the Maintenance Period.
   2. The Customer further acknowledges and accepts that it is the Customer’s responsibility to ensure the Customer-provided components within their FASTDOT Service may require the Customer’s intervention before (e.g., to stop or shut down their software) and after (e.g., to restart their software) the Maintenance Period.
   3. Planned Maintenance. FASTDOT will undertake planned maintenance on a monthly cycle, posted on the FASTDOT website and via Customer Notification channels. Planned Maintenance which will occur between 10pm and 7am AEST.
   4. Urgent Maintenance. FASTDOT will provide at least 24 hours advance notice via the FASTDOT website and Customer Notification channels of an Urgent Maintenance Period being required, which will occur between 10pm and 7am AEST.
   5. Emergency Maintenance. FASTDOT reserves the right to perform Emergency Maintenance without any prior notification to the Customer should it be deemed necessary to protect and maintain the security and integrity of the FASTDOT environment without any liability to the Customer for any resulting loss, damage or expense. FASTDOT will provide notification of an Emergency Maintenance event as soon as is practical (which may be after the Emergency Maintenance Period) via Customer Notification channels.

5. TECHNICAL SUPPORT
   1. FASTDOT will provide the Customer with basic technical support at no charge to
      • Enable the establishment of the Customer billing account;
      • Create an administrator account for each subscription; and
      • Login and access the subscription service.
   2. The Customer is responsible, unless otherwise explicitly stated in writing by FASTDOT, for:
      • All software running on or associated with the FASTDOT Service, including application development and support;
      • Service monitoring;
      • Website coding and maintenance;
      • The transfer or importation of any code, images, or content;
      • Configuration beyond what was provided when the account was established, including reverting back to the starting configuration; and
      • The backup and restoration of any applications, code, or data associated with the FASTDOT Service.
   3. Should FASTDOT agree to undertake any of the services in section 5.2 on an ad hoc basis (i.e., not included in the Product Definition for the FASTDOT Service), the performance of these services or any consequential support relating to these services is not subject to the terms of this SLA.
   4. To request support, the Customer must raise a support ticket in one of the following ways:
      • through the FASTDOT website, www.FASTDOT.com.au, at any time;
      • by email, cPanel Web Hosting must use their Client Area, all other customers can email support@FASTDOT.com.au, at any time; or
      • by phone on the Support Contact number (published on the FASTDOT website) during Standard Business Hours.
   5. FASTDOT reserves the right to decline to act on any service request or support ticket not submitted according to section 5.4.
   6. FASTDOT offer no guaranteed response or resolution time to support tickets due to the unpredictable nature of ticket issues, workload, and support request queries.
   7. Support Tickets, and FASTDOT’s response time to tickets, are not subject to the terms of this SLA.
   8. Standard Business Hours. FASTDOT’s Standard Business Hours are Monday to Friday from 8:30am to 8:00pm AEST, excluding Public Holidays observed in Victoria, Australia.
   9. Calling the FASTDOT Support Contact number outside of Standard Business Hours for non-urgent and non-critical issues can result in a $50 +GST call fee being charged to the Customer account.

• Customer support outside of Standard Business Hours is provided on an on-call basis. A call-out is defined as any work undertaken by FASTDOT or subcontractors outside of Standard Business Hours in response to the Customer’s request. This work may be undertaken remotely.
• If a Customer’s Service includes FASTDOT’s Extended Support, call-outs outside of Standard Business Hours will be charged at $125 +GST per hour (minimum 1 hour).
• If a Customer’s Service does not include FASTDOT’s Extended Support, call-outs outside of Standard Business Hours will only be undertaken for critical issues (as defined by FASTDOT). The Customer will be charged $250 +GST per hour (minimum 1 hour) for any call-out.
• FASTDOT reserves the right to modify its Standard Business Hours as required for operational reasons. Any changes, temporary or permanent, will be posted on the FASTDOT website.
• Charges set out in this SLA can be varied by FASTDOT at any time subject to giving prior notice via the FASTDOT website and/or the Customer notification channels.

Any questions please contact us on https://my.fastdot.com/submitticket.php