Terms of Service
Fibonacci Systems have a responsibility to protect each client and provide the best services available. The following guidelines have been established to insure this intent is met.
Fibonacci Systems (“The Company”) agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service). From here within this TOS and AUP (Acceptable Use Policy), the usage of “us”, “we”, “our”, “ours” shall constitute reference to Fibonacci Systems, the usage of “you”, “your”, “they”, “them” shall refer to client / customer of Fibonacci Systems.
Use of company services constitutes acceptance and agreement to the company’s AUP as well as the company’s TOS (Terms of Service). All provisions of this contract are subject to the TOS (Terms of Service) of Fibonacci Systems and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of the Company. Subscriber understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment.
Disclosure: The AUP specifically prohibits the use of our service for illegal activities. Therefore, the subscriber agrees that Fibonacci Systems may disclose any and all subscriber 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 subscriber.
Commercial Advertising- Email (SPAM): Spamming, or the sending of unsolicited email, from a Fibonacci Systems server or using an email address that is maintained by Fibonacci Systems is STRICTLY prohibited and will qualify your site for immediate deactivation with no refund. Fibonacci Systems will be the sole arbiter as to what constitutes a violation of this provision. Additionally, claims investigated by Fibonacci Systems about spam from any of our users or users of theirs, will be fined and billed for such work. The fee for such an instance if you are found to be at fault is $1 per email sent and up to a $1000 fine per incident.
Server abuse: Any attempts to undermine or cause harm to any Fibonacci Systems server or customer of Fibonacci Systems is strictly prohibited. Fibonacci Systems holds no responsibility for the use of our clients’ accounts. Any account that abuses server resources and is not corrected, calls for immediate de-activation without any refund of payments made thus far. Any site using what we deem to be using excessive CPU cycles or any resources that cause strain to other sites may also be offered new terms.
IP Ownership: If we assign a Customer an IP (Internet Protocol) address for Customer’s use, the right to use that Internet Protocol address shall belong only to us, and Customer shall have no right to use that Internet Protocol address except as permitted by us at our sole discretion in connection with the Services, during the term of this Agreement. We shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by us, and we reserve the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by APNIC’s policies.
Contact & Billing Information: You must provide us with, and keep current, good contact information for you. E-mail and telephone contacts are required, fax contact information is encouraged. This information can be email to [email protected]
Billing, Payments and Fees: Payments are due on the anniversary date of which the service was activated (the due date). Services may be suspended on accounts that are not paid in full by or on there due date.
Additional Fees & Charges:
Following additional fees & charges are GST inclusive and are in AUD$:
• Credit Card “Declined Payment” Fee of $22.00 per failed attempt after the first attempt.
• Alterations to issued invoices $22.00 admininistration fee.
• Increase/Decrease to plans mid billing cycle: $22.00 admininistration fee.
Service suspended for nonpayment is subject to a reactivation fee of:
• Shared Hosting and Reseller clients $22.00 reconnect charge.
• Dedicated & Co-Location clients a $55.00 reconnect charge.
Service may be terminated on accounts that reach 14 days past due. If any terms or conditions are failed to be followed the account in question will be automatically deactivated. All credit card accounts are to be automatically billed on their due date unless otherwise requested by the client. We are not responsible for any fees accessed on the client by their bank as a result of the client’s account being invoiced. The customer hereby grants Fibonacci Systems a lien over any client equipment and or data in the custody, possession or control of Fibonacci Systems for any unpaid fees payable to Fibonacci Systems by the Client pursuant hereto and Fibonacci Systems is hereby authorised and empowered to sell any of the aforesaid to recover all or any such fees or expenses together with interest thereon which remain unpaid in excess of 45 days from the due date.
Disputes and Failure to Pay: All overcharges or billing disputes must be reported within 30 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in Fibonacci Systems’s sole discretion is a valid charge under the provisions of the TOS and /or AUP, you agree to pay an “Administrative Fee” of not less than $55.00 and not more than $165.00 in addition to any fees charged to us by our merchant provider(s). Fibonacci Systems may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve the Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
Refunds: All payments are NON-REFUNDABLE! The only exception to this policy is the shared hosting 14 day money back guarantee. All annual plans, both shared, dedicated, and co-location, are NON-REFUNDABLE! All payments for dedicated, co-location, or related services are NON-REFUNDABLE!
14 Day Guarantee: All shared accounts are entitled to a iron clad 14 day money back guarantee. This guarantee begins the day we send out your accounts login details. If you wish to cancel your account and receive a full refund within 14 days of the date you signed up, please contact [email protected] with your request and domain name.
Cancellation: All cancellations must be sent to [email protected]. While there are no cancellation fees, you must cancel 7 (seven) days prior to your next billing cycle. Payments made up to your next renewal anniversary date are not refundable unless you’re canceling within the 14 day guarantee period. This does not include any added support or service fees you have contracted us to provide. We reserve the right to remove any account without advanced notice for any reason at any time without prior notice.
Service Level Agreement and Credit for uptime: All users are subject to the terms of this TOS (terms of service), our AUP (acceptable use policy), and our SLA (Service Level Agreement). Accounts not paid in full by their due date are not entitled to any claim to any breach of SLA for the past and current calendar month.
Liability and Warranty: We are not responsible for any damages your business may suffer. We do not make implied or written warranties for any of our services. Fibonacci Systems denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by us. The client acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, client agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. You further acknowledge that the company’s liability for its own negligence may not in any event exceed an amount equivalent to charges payable by the client for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.
Refusal of Service: We reserve the right to refuse, cancel, or suspend service at our sole discretion.
Terms of Service Modifications: These Terms of Service may be modified at any time and without notice. All users previous and new clients are always subject to the newest terms posted here at all times. It is the end users responsibility to be aware of the latest terms of service and other policies at all time. It is our responsibility to provide these policies in a ready and readable form. We may or may not elect to post updates to our policies in various mediums available including but not limited to; email, forums, ticket systems, and chats.