Terms & Conditions


General

By using any services provided by RackCorp, including but not limited to hardware, software, hosted solutions, or this website, you agree that you are bound by all terms and conditions contained on this page.

RackCorp reserves the right to change or add to the listed terms and conditions at any time, and enforce them without notice.

This company is under the governing state laws of New South Wales, and the governing federal laws of Australia. By use of our website, our services, or our products, you agree to submit yourself to the jurisdiction of the courts in these locations. Some services offered by RackCorp may also fall under court jurisdictions within other countries including, but not limited to, United States of America, Germany, Canada, and France.

If any provision of these terms is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the terms set out upon this page, which will continue to be in full force and full effect.



Disclaimer

RackCorp is not responsible for any content or transactions through the Internet other than it's own. Although RackCorp is providing the service to the customer, it has no control of the content on the Internet, and thus, is not liable for any regulation of that content through it's services. RackCorp is not liable for any data that is lost or corrupted in transmitting or receiving by the customer, nor is it liable for any incorrect or inaccurate data obtained by the customer through the Internet - this includes any delayed data.

Any problems or delays in the service, uncontrollable/unavoidable or not, will be dealt with accordingly but are not the liability of RackCorp, and as such, any loss of data, loss of profits, or loss of business as a result are not the liability of RackCorp.

Similarly, RackCorp provides a best effort product supply service, but this may be limited to vendor / supplier information which may result in incorrect information or wrong timing information.

RackCorp does not make a warranty about the suitability, reliability, or quality of goods nor services provided to the customer. The customer indemnifies RackCorp against any expense, loss, or any form of liability suffered to RackCorp if there is a breach of the Terms & Conditions of RackCorp by the customer.

Any loss of service deemed to be by RackCorp, to be it's liability will be re-credited to the customer upon request to the value of the original service / product purchase price.



Payment

Unless indicated otherwise, all prices include Australian GST. GST is payable by ALL customers regardless of country of origin.

Unless otherwise agreed, all invoices are to be paid in full before the indicated due date. Payment after the due date may result in a monthly late fee surcharge equivalent to 5% of the total amount outstanding at the beginning of the monthly billing cycle. Once an account has been terminated, the amount owing will incur an interest charge of 15% per annum, charged monthly. Please note, we may cancel services at any time for any services that are not paid by the due date.

At the discretion of RackCorp, any accounts with an amount due outstanding for more than 30 days may be terminated, and all data including emails, websites, and backups associated with the account may be destroyed upon termination.

Payments are not classified as accepted until RackCorp staff have confirmed funds clearance. In some instances such as direct deposit, or cheque payments, the process of funds clearance may take several days. It is up the customer to factor in this additional payment time to ensure their bills are paid before the due date.

RackCorp reserves the right to charge an additional fee for invoices paid via credit card. Charging of this fee will be clearly indicated if appropriate.

Where a refund is issued which is not simply credited against the customer's account, refund payment may be restricted depending upon the method used for the payment of the invoice. Invoice payments made via credit card must be refunded to the same credit card.

While we will attempt to direct debit configured accounts at the same time each month, some delays may occasionally result in late debiting of accounts. It is the customers responsibility to always ensure their account has sufficient funds to be debited for any existing or new invoices from RackCorp.

Where a direct debit fails, a failed payment fee of AU$12.00 will be charged to the customer.



Returns and Refunds

All physical products sold by RackCorp come with 12 months warranty unless otherwise otherwise indicated. This means that if the product fails due to NORMAL usage as per manufacturer instructions, a product can be returned to RackCorp for replacement - at the customers expense unless other arrangements are made with RackCorp.

Where a vendor product comes with warranty greater than 12 months, it is the customers responsibility to contact the vendor and initiate warranty return.

If a product is no longer stocked, some delay may be incurred in replacing a warranty-covered product while a replacement is sourced.

In some instances, a warranty-covered product may be unavailable, in which case RackCorp will provide a refund.

RackCorp reserves the right to provide refund / product swap for non-fault related conditions on certain products. It is the customer's responsibility to confirm with a representative of RackCorp whether a product or service can be swapped after it has been sold.



Title of goods

All goods are to remain the property of RackCorp until they have been paid for by the customer in full & when funds have been cleared.



Acceptable Use of Services

Once account information (username / password) has been sent by RackCorp to the believed owner of an account, it is that person(s) responsibility to protect this information.

The customer agrees that they will use the services provided by RackCorp in a responsible manner, and all authorized/unauthorized use of the customer's account is the responsibility of the customer.

The customer will not infringe upon any Australian, New South Wales laws, or otherwise applicable country laws which may be applicable to some services. The customer will not abuse, harass, or violate any person through use of the services provided by RackCorp. The customer will not violate, abuse, or otherwise deliberately / negligently degrade the services of RackCorp, or of other systems through the use of our services.

The customer will not help others in any of the above unacceptable uses.

It is the customer's responsibility to inform RackCorp that their service may infringe upon the laws of any state, territory, province, or otherwise of any of the following countries: Australia, United States of America, Germany, Norway, Switzerland, United Kingdom, Sweden, Netherlands, Thailand, Phillipines, Canada, New Zealand, or Vanuatu. Upon being informed, RackCorp will either work with the customer to restrict the countries in which a service is announced from, or otherwise inform the customer that the service is not appropriate for the available services being offered. RackCorp does not permit Game Servers, or publicly connected IRC servers / bots / clients on any of our servers.

While RackCorp will make a best effort to preserve services for non-deliberate breakage of these acceptable uses, we reserve the right to immediately terminate any account we suspect of being engaged in the deliberate/sustained abuse of these rules. We also reserve the right to modify a customers connection / data in a non-intrusive manner in a best effort to stop said abuses until the customer can be contacted and can take action.



Termination

RackCorp has the right to terminate the customer's account if they are in breach of any of the Terms & Conditions of RackCorp.

The customer may request termination of their account, and account will be closed after 30 days of receipt of notice given to RackCorp by the customer, unless the customer has agreed to a fixed term of service. RackCorp may, if need be, close a customer's account for any particular reason after 24 hours notice to the customer.

Upon termination of a customer's account, the customer is required to return immediately any equipment that is the property of RackCorp that was given to the customer solely for the services provided by RackCorp. Upon termination of a customer's account, all outstanding fees owed by the customer to RackCorp must be paid immediately, and other means, such as a debt collection agency, if required, will be used to reclaim money owing at the customer's expense.

RackCorp reserves the right to immediately termiate any services provided to a customer that are subject to any pending or ongoing legal dispute, or from any threat of legal action from a customer regarding the provision or support of any services provided by RackCorp.



Content Backups

RackCorp uses best endeavors to provide a backup service to maintain backups of your website and virtual server contents. This service is provided as a courtesy and is not guaranteed - we strongly recommend you make your own backups of your files.



Security of Content

RackCorp takes reasonable steps to ensure that content remains secure. If service content is deemed to be of sensitive nature, it is the the customer's responsibility to implement appropriate controls to keep that data secure.



Software Use

Any software issued to the customer by RackCorp is for the sole purpose of the services offered by RackCorp. The software is not to be used for any other reason or purpose whatsoever.

The customer will not copy the software issued to them by RackCorp, nor will the customer change or modify the software for any purpose. RackCorp, and other third parties have intellectual property rights to the software supplied by RackCorp for the customer and the customer will not use the software for any other purpose other than for the services provided by RackCorp, nor will the customer re-sell or give the software to anyone else unless given written permission by RackCorp or by other third party owners of the copyright to the software provided to them by RackCorp.







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