Terms of Service

Use of Acute Networks’s Service constitutes acceptance and agreement to Acute Networks’s AUP (Acceptable Use Policy) as well as Acute Networks TOS (Terms of Service). From herewith in this TOS, AUP, and SLA, the usage of “us”, “we”, “our”, “ours” shall constitute reference to Acute Networks, the usage of “you”, “your”, “they”, “them” shall refer to client / customer of Acute Networks.

Acceptance of Contractual Agreement

1. Client agrees that by placing an order either by means of electronic ordering (web order form) or submitting a written contract, and receipt of such order by Acute Networks, that you are agreeing to our TOS, AUP, and SLA. No Modifications of said contract by customer is allowed.


2. Acute Networks will provide, and Customer will purchase and pay for, the Services, and service fees specified in the Order for the applicable Service Description. Customer acknowledges that the service, and service fees have been communicated to the customer, and that they are aware of all applicable charges as per contract, AUP, SLA, and TOS. Customer also understands that any promotional offers unless specified in contractual terms will not be applicable to their individual service.


3. In connection with any Hosting Services, if Customer's actual bandwidth usage in any month exceeds allotted amount, specified in Customer's contract, Customer will pay Acute Networks any additional fees as specified in the Service Description within three (3) days of invoicing period. Any BW overage bill not paid within three (3) days of invoicing will be subject the server and services to suspension.

Payment:
Establishment of this service is contingent upon receipt of payment from Customer to Acute Networks. Subsequent payments are due on the 1st of each month for that month’s service. Any additional services relative to a primary hosting account, will be prorated to the primary hosting account’s monthly billing , along the following guidelines of prorating methodology: (total monthly fees/ 30) * number of days to monthly recurring billing cycle. Any setup fees will be charged full setup fee pricing, and are applied at time of initial request of such services.

Payments and Fees:
Acceptable means of payment are credit card, PayPal, and bank transfer. PayPal payments must be submitted to sales@acutenetworks.com.au. Payments made by PayPal will be reflected to the account within 24 business hours. Accounts paid by bank transfer must submit semi-annual payments for service. Payment is due on the defined monthly recurring billing date of each month. Credit cards that are declined for any reason are subject to a $10.00 declination fee. Service will be interrupted on accounts that reach 14 days past due. Service interrupted for nonpayment is subject to a $50.00 reconnection charge. Accounts not paid by due date are subject to a $15.00 late fee. Accounts that are not collectable by Acute Networks will be turned over to an outside agency for collection. If your account is turned over for collection, you agree to pay the company a “Processing and Collection” Fee of not less than Fifty ($50.00) nor more than One Hundred, Fifty ($150.00)

Delinquent Accounts:
Acute Networks may temporarily deny service or terminate this Agreement upon failure of Customer to pay charges when due. Such termination or denial will not relieve Customer of responsibility for the payment of all accrued service fees, or any collection fees.

Delinquent Reseller Accounts:
Should your reseller account become delinquent, and payment not made to Acute Networks, resulting in a suspension of service you will have 48 hours to make restitution for the delinquent balance. Any account left unpaid after 48 hours of suspension and reseller not contacting the Acute Networks billing department to resolve the issue will allow for the reseller's client to be able to purchase the server directly, and assume financial responsibility from that point forward. The balance must be paid entirely by the client prior to lifting the service suspension. Resellers shall not hold Acute Networks responsible for failure to appropriately pay their invoices in a timely manner set forth in your original contracts.

Account Cancellation:
All requests for canceling any service / services must be made in writing with at least 30 days notice but not more than 60 days prior written notice via the "Request Cancellation" button in your Customer Control Panel. Confirmation Receipt of cancellation will be sent within 24 hours of our normal cancellation department hours of 9AM to 5PM AEST Monday - Friday. An account is not cancelled until a confirmation is sent.
A cancellation fee to the value of 1 month of service applies to any cancellations of services paid annually.

Refunds and Disputes:
All payments to Acute Networks are non-refundable. This includes any setup fees and monthly fees regardless of usage. All billing disputes must be reported within 30 days of the time the dispute occurred. Disputed charges to your credit card issuer, also known as chargeback’s, in Acute Networks discretion which is valid, under the terms and conditions of our SLA, AUP, and TOS, will result in immediate service interruption, and reconnection fees to restore the desired service.

Acute Networks - Service Level Agreement (SLA)

Dedicated Servers is defined as servers that are rented to Clients. This service is to provide the clients with knowledge and overview of the server. From time to time security updates, patches, kernel upgrades, and System Administration may be performed free of charge. In addition to these services System Administrator may make recommendations to improve the overall performance, security, and updates to the service. At the sole discretion of the System Administrator any installation, configuration, or tuning of the server may be considered billable, and you will be notified and requested to approve any additional charges. Any Support not included with your dedicated server, will be subject to a $75 an hour labor fee, billed in ½ hour increments during office hours between 8:00am – 10:00pm (AEST) After-hours support will incur a $150.00 an hour labor fee, billed in ½ increments in effect from 10:01pm – 7:59am (AEST) Acute Networks will not perform maintenance, security checks, or management without client initiating such request. Acute Networks does not take responsibility for the overall security of servers.

Co-Location Services is defined as servers that are property of the Clients, renting; rack space, bandwidth, and Ethernet ports from Acute Networks. Client is responsible for supplying replacement parts, and software media. Acute Networks may provide such hardware in requested situations, but is not liable to provide such equipment in any specific timeframe, unless agreed upon by approved Acute Networks representatives. All services performed on the Clients servers are subject to and a $75.00 an hour labor fee. Acute Networks does not take responsibility for the overall security of servers.

Network Uptime is the total time in a calendar month that Acute Networks network is available through the Internet, provided that Client has established connectivity. Acute Networks takes responsibility for Network availability within their network, however, we cannot be held liable for upstream problems, outside of our network. Our guarantee is that our network will be available to clients free of Network Outages, that render 100% packet loss, 99.9% of each calendar month

Network Outages or Unscheduled Downtime is any unplanned or unscheduled interruption in Service availability during which Client is unable to access the services as described in the section titled “Network Uptime” above. A Network Outage is defined as a period in which 100% packet loss to our network is experienced, which is determined to have been caused by a problem in Acute Networks Network as confirmed by Acute Networks. Downtime or outages are measured as the total length of time of the unplanned interruption in service availability in a calendar month.

Scheduled Downtime is any Acute Networks scheduled interruption of Services, for the purpose of network upgrades, or replacement of any equipment in order to provide for you better service. Scheduled downtime occurs during notified downtime periods, with as much advance warning as possible via e-mail with a minimum of 24 hours notice.

SLA Network Violation Credit occurs when our network uptime guarantee is not met. Acute Networks will refund the customer 5% of the monthly fee for each hour of downtime (up to 100% of your monthly fee) for network downtime. Network downtime is measured from the time the network is 100% unreachable, until service is once again restored. In order to request a performance credit, you must e-mail our sales department, within 10 days of reported violation, at: sales@acutenetworks.com.au. SLA violations will be reviewed by our personnel Monday - Friday 9AM to 5PM AEST and applied on the 1st business day of the next month. *Network violation SLA credit does not cover server hardware failure.*

Performance Credit exclusions: The following are excluded from the monthly calculation of Service Availability: · Scheduled downtime · Problems outside of Acute Networks network (upstream providers, or client’s inbound connection) not effecting 100% loss to our network · Interruptions or failure of individual service caused by client, their employees, client’s customers, etc. to their service. These include inaccurate configuration, 3rd party software, client abuse or over utilization of resources, hacked servers, attacks, exploits, or server hardware failures.

Server Hardware for Dedicated, or Co-Located Servers Hardware is defined as the Processor(s), RAM, hard disk(s), motherboard, NIC card and other related hardware included for Dedicated Servers, and switches for Co-Located Servers, unless client provides their own switch.

Hardware replacement will occur within 6 hours of the reported problem, Acute Networks will refund 5% of the monthly fee per additional 6 hours of down time (up to 100% of customer's monthly fee). In order to reduce replacement hardware downtime, we keep a small quantity of pre-built systems on hand to swap out Hard disks, so that your server can be back up in the shortest amount of time. For Hard disk failures, we keep pre-installed drives with our standard partitioning for immediate deployment. In order to request an SLA hardware violation credit, you must email sales, within 10 days of reported violation, at sales@acutenetworks.com.au. SLA violations will be reviewed by our personnel Monday - Friday 9AM to 5PM AEST. *Hardware SLA violations do not cover network violation*

Performance Credit exclusions:
The following are excluded from the monthly calculation of Service Availability:

Scheduled downtime
Interruptions or failure of individual service caused by client, their employees, client’s customers, etc. to their service. These include inaccurate configuration, 3rd party software, client abuse or over utilization of resources, hacked servers, attacks, exploits, or server hardware failures.

Replacement is defined as returning the server to original configuration when it was purchased. If hardware failure causes corrupted Operating System, Data Files, or Configuration of server, Acute Networks will restore the system to original state.

Acute Networks is not responsible for the restoration of data to server. We strongly recommend that your purchase backup options for your server, and keep copies of your data off-site with you for emergency purposes. If hardware failure and data loss occurs, you the client are responsible for data restoration. Acute Networks shall not be liable for loss of data under any circumstance.

Subscriber 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, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.*

Prohibited Content: No IRC, P2P, Pirated software or illegal pornography. Any violations will result in suspension/termination of server and loss of any funds already paid to Acute Networks. All illegal contents will then be turned over to the proper authorities.