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Dingoblue Services

Terms of Use

Definitions

1.1 "Dingoblue Services" means Dingoblue Services ABN 40 705 499 787 of Queensland, Australia

1.2 "Service" or "Service(s)" or "Services" means any product or service the customer has ordered for use.

1.3 "Customer" or "Client" means the individual, person, persons or entity that has entered into active billing with Dingoblue Services

PAYMENTS

We currently accept payments via Direct Deposit, PayPal, and Credit Card. Please note that all Credit Card transactions are processed using a 3rd party payment gateway (Stripe Payments). As such, none of your credit card or payment details are retained in any within our own databases. All transactions from our website are initiated securely using SSL encryption and passed to our payment provider gateway. Third party payment gateway providers enforce PCI-DSS compliance at their ends. Please refer to their websites for further information on their security standards.

REFUNDS

All refunds will be dealt with on a case-by-case basis to ensure that a fair outcome is reached by all parties involved. Refunds for YEARLY Web Hosting and Google Suite paid in ADVANCE can be processed minus the current month you're in. Two further billing months will be retained for administration costs in order to cover our time for processing any refunds. To obtain a refund, please contact accounts@dingoblue.com.au and note that we may require your banking details in order to process any refund requested.

ACCOUNT SUSPENSIONS

At Dingoblue Services, we run industry standard online web hosting management software online. This software is set to suspend services that are 30 days in arreas and terminate them completely after 90 days. Should you find your account has been suspended in error, please contact Support as soon as possible at accounts@fweb.com.au - If your account is simply overdue, paying your overdue bill through our online customer management system will allow the system to automatically restore your services without further intervention.

ACCOUNT TERMINATIONS

90 days after any account is suspended for payment being overdue, all data (including backups) will be completely removed from our systems. No recovery will be possible after this time period. Customer accounts violating our Terms of Use, will be terminated without warning. No refunds will be available for instantly terminated accounts. All data will instantly be destroyed.

BACKUPS

Dingoblue Services provide differing levels of free included backups ranging between 14 days for entry level accounts, up to 90 days of free backups. We do not provide any warranty or assurance that all backups from these time periods will be available but do our best to maintain a high level of backup rentention at all times.

In cases where Dingoblue Services are not at fault for missing content or files, Full account recoveries will be performed at a cost of $100 per restore. Partial restores - database or single file recoveries will be charged at $150 per hour or part therof as is required to get them back as directed by the customer.

BACKUP PLUGINS

We discourage the use of using your own website backup plugins as these tend to just use up valuable disk storage space. As we provide free cPanel hosting account backups (mail retention is excluded) there is no benefit in storing redundant copies of your website on your hosting account as a rule of thumb.

HOSTED EMAIL

Dingoblue Services do not directly provide email hosting. This is due to the extreme cost of disk space storage. We reccommend that you use a third-party email service such as (but not limited to) Microsoft Office 365 or Google Suite who can provide large amounts of hosting storage space. If you do decide to use the standard cPanel hosting provided, no warranty or support will be provided past our setup guides and password resets.

SPAM / UNSOLICITED EMAIL / BULK EMAIL

Dingoblue Services have a zero-tolerance SPAM policy. If your website is compromised and is actively sending out SPAM, you will be notified and your hosting account will be suspended until such a time as it is deemed fully resolved. Dingoblue Services policy is to limit outbound SMTP activity from our shared mail servers to 120 emails per hour per hosting account. Anything past this and you should consider using a third party SMTP service such as Sendgrid or Mailgun for all contact forms and automated reports. All contact forms on websites are required to use secure mail forms with captchas where possible to limit spam-bot activity. Unsolicited email is prohibited on ALL Dingoblue Services provided.

EXCESSIVE RESOURCE USAGE

Dingoblue Services provide Cloud-Linux on all shared hosting services to provide fair and balanced resources to all users. We do not over-sell our servers and do our best to maintain a good ratio of hosting accounts and resources per server. Any shared-hosting accounts found to be consuming excessive resources will be notified by email call as a first warning and also as an opportunity to purchase a better suited hosting plan or in extreme cases a dedicated VPS or server. Should resource usage become a problem, your hosting account will be automatically throttled by Cloud Linux to ensure that other users onthe same server aren't at a disadvantage.

BANDWIDTH USAGE

At Dingoblue Services, we consider the days of bandwidth usage limits to be mostly a thing of the past. We do not actively charge for hosting bandwidth or suspend accounts purely on the basis of excessive bandwidth usage.

HACKED WEBSITES

Dingoblue Services run real-time malware and exploit scanning on all cPanel hosting accounts provided. This offers some protection but in the unlikely event that your website is compromised we are required legally to ensure that the hosting account is suspended until reasonable efforts have been made to remove any malware, viruses and especially phishing content. Website hack cleaning is not provided for free and will be charged at our standard hourly rate of AUD$150 per hour if we are instructed to perform the process for you. You may also opt to have your own developer or 3rd party perform the clean-up on your behalf at your own cost.

DOS / DDOS Attacks

Dingoblue Services may need to throttle your hosting resources for the duration of a Denial of Service (DOS) or Distributed Denial of Service (DDOS) attack. This will usually be noticable when you see a 508 insufficient resources error message. If we notice that your site is under attack, we will do our best to contact you and advise that this is happening. There are a few options available to mitigate DOS and DDOS attacks and we will be happy to discuss these with you.

SYSTEM AND NETWORK SECURITY

Customers agree to keep their Content Management Systems and/or scripts up to date with the latest stable versions to ensure that threats of hacking / hi-jacking / defacement or exploits are kept to a minimum. Should the customer discover that they are about to become the target of any hacking or exploit activity, they are to notify Dingoblue as soon as reasonably possible for advice on how to best deal with any direct threats.

PASSWORDS

Dingoblue Services enforce minimum password requirements to ensure that strong passwords are set on all accounts. If your passwords security has been breached, please contact us as soon as possible to ensure that we can issue new passwords for all of your accounts under our management

SSL CERTIFICATES / ENCRYPTION

Dingoblue Services provide for free, basic Domain Validation (DV) level SSL certificates utilising cPanel's AutoSSL system by default on all shared-hosting cpanel accounts. Organisation Validation (OV) and Extended Validation (EV) SSL Certificates can be purchased, installed and otherwise maintained through Dingoblue Services at ndiscussed pricing at the time of such a request. SSL certificates can also be manually installed by the customer using the cPanel account

WARRANTIES

Dingoblue Services cannot provide any warranty on coding, webdesign or hacked websites. Please refer to our Backup Services if your hosting has been defaced or hacked.

TECHNICAL SUPPORT

Technical Support hours are 8:00am to 5:00pm AEST (Brisbane Time) Monday to Friday with the exclusion of Public Holidays. Any responses made outside of these hours will be dealt with on the following business day. We do not out-source ANY technical support and all tech support will be provided from within Australia. In clear terms, we value support highly and want you to receive the best technical support at all times.

For the quickest possible technical support response time, please use the Tier1 online support chat function or submit a support ticket from your client account first. Online support chat or support tickets will be dealt with as the highest priority and with a maximum first response time of less than 30 minutes within support hours. general email support sent directly to Dingoblue employee email accounts is classed as Tier2 support has a maximum first response time of less than 2 hours within support hours. Telephone Support (The support hotline) is classed as Tier3 support and has a maximum first reponse time of one business day.

SERVER DOWNTIME AND FAULTS

Dingoblue Services use after-hours monitoring of hosting services and as such, we will generally know about any downtime incidents well before you become aware of them yourself. We ask that you only contact us directly if significant downtime has already elapsed. At times of major impact to our server fleet, your calls will divert directly to voicemail and we will respond as soon as possible. Please ensure that you leave your name, return contact number and website / service name or domain to ensure that we can respond with the correct details when we return your call.

In most cases 15 to 30 minutes of downtime should be considered excessive. Please also try services such as ISUP.ME http://isup.me/ first check if the issue is just isolated to your own IP address. Sometimes cPanel servers will black-list your IP address for too many failed username/password attempts in a row to prevent brute-force attacks.

SERVICE LEVEL AGREEMENT (SLA)

By default, we don't offer a set Service Level Agreement unless an SLA contract has been signed or purchased from us in advance. All technology fails from time to time and we will compensate users on a case-by-case merit basis. purchased from Dingoblue Services can be impacted by things beyond our control such as Extreme Weather Events, War, Terrorism, Network Outages and Random Hardware Failure.

PRIVACY

Dingoblue Services are committed to your privacy. Should a data breach occur, the relevant authorites and affected users will be contacted as per Mandatory Data Breach Laws. We will not share or re-sell your information to any other third party without your written consent. We will at all times apply reasonable steps to ensure that your personal and billing information is kept safe and private.

ACCEPTABLE USE - WHAT CAN I PUT ON MY HOSTING?

Your Dingoblue Services account may not be used to host pornographic content of any type. Fraudluent or deceptive/misleading activies, Warez or any copyright/trademart/IP infringing material is expressly forbidden. Dingoblue Services are bound by Australian Federal and State / Territory laws. Content found to be breaching any laws will be reported directly to the relevant authorities. We also have a zero-tolerance policy to Harmful material and hate speech. Bots, Malicious Scripts, Crypto mining clients, VPNs & Proxies, FTP Dumps, VOIP or Gaming Servers. Any services found to be wilfully breaching these terms will be suspended without notice and will not be entitled to any refund for the remainder of their service period.

Please contact abuse@dingoblue.com.au if you have a request to have any content removed.

REFUSAL OF BUSINESS

Please be aware that we reserve the right to refuse to do business if we feel that it is in our best interest. Threatening, bullying or harassing behaviour towards Dingiblue Services employees will not be tolerated in any way, shape or form. Our employees have the right to at any time cut-short telephone calls, email conversations, instant messages and other chat functions if they believe that they are being subjected to abusive behaviour.

We retain the right to deny accounts to customers who we deem to be fake, fraudulent or suspicious in character

LIMITATIONS OF CLAIMS

As a Dingoblue Services user, you agree that the limitations to any claim arising from lost business, harm to your brand, reputation and total damages will be limited to the maximum value of your current active billing period of your services with us. Dingoblue services cannot be held liable for any service(s) that they do not directly provide e.g coding or web design or loss of email stored on a 3rd party email server.

OTHER QUESTIONS ?

Please contact us at support@dingoblue.com.au if you have any further questions.

TERMS OF TRADE

Please note that our Terms of Service (TOS), Acceptable Use Policy (AUP), Privacy Policy, SLA and Other Policies are subject to change at any time. We will do out best to notify customers of any significant upcoming changes to our policies in advance. This document was last revised on 14.11.2017 at 7:40am AEST.

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