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| Refund Policy |
All our Hosting Plan products (including Shared Hosting, Master Reseller Hosting and VPS Hosting) are subject to a 30 Day Money Back Guarantee. If at any time during the first 30 days you decide you want to cancel your hosting plan you will receice a FULL REFUND with no questions asked. After the first 30 Days you may still seek a PARTIAL REFUND for 12 month and 24 month subscriptions. The partial refund is calculated as the fraction of your current unused subscription period over the entire subscription period, less a 25% fee of the original payment. For example if you signed up for a yearly hosting plan at $29.95/y and after 3 months decided you wanted to cancel, you could seek a partial refund of [9/12x$29.95] - [0.25x$29.95] = $14.97
Please note that ALL our Software Products are NON-REFUNDABLE, this includes WHMreseller, WHMexec, WHM/cPanel, Plesk & Fantastico Licenses. The trial periods are intended to allow clients to fully test our software products before purchasing. It may also be advisable to clients who are uncertain of their long term situation to signup for our software products on monthly subscriptions which could then be cancelled at anytime. Domain Name Registrations and SSL Certificates are also Non-Refundable. Any outstanding balance in your account is also Non-refundable upon account closure. An outstanding balance is typically caused by clients who "Add Funds" to their deasoft.com account in advance. It is clearly stated on the "Add Funds" page that these added funds are considered an advanced purchase that can only be spent at deasoft.com and are non-refundable.
Why the 25% fee?
We only deduct a 25% fee on refunds that are requested after the first 30 days. If you request a refund within the first 30 days you will get ALL your money back. We charge this 25% fee on refund requests made after the first 30 days because we often invest time and energy setting up clients accounts and managing their support needs, this fee gives us a way to cover these costs. It also serves to discourage clients from cancelling and signing up again repeatedly. |
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| Service Level Agreement SLA / Uptime Policy |
All our hosting products (including Shared Hosting, Master Reseller Hosting and VPS Hosting) come with a 99.5% Uptime availability commitment. If in any quarterly period (Jan/Feb/Mar, Apr/May/Jun, Jul/Aug/Sep, Oct/Nov/Dec) our hosting services fail to have an average availability of 99.5%, clients can request a free month of hosting on their current plan. The stated figure of 99.5% equates to approximately 3.5 hours of allowable downtime per month, for the stated 3 month period (quarterly period) that becomes a total allowable accumulative downtime of approx 11 hours/3 months. There is a limit of 4 free months in any year that can be claimed due to downtime. Please note that downtime is considered as only that which causes complete website outage, either by network/hardware failure or due to our own administration errors. The following cases are considered beyond our control and will not be eligible for a free month:
- Downtime due to Acts of any governmental/law enforcement/legal body
- Downtime due to any and all natural disasters, including, but not limited to, fire and flood
- Downtime due to wars, insurrection, sabotage, armed conflict, embargo, strike or other labor disturbance
- Downtime due to interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services
- Downtime due to virus attacks or hackers, failure of third party software (including, but not limited to, ecommerce software, payment gateways, chat, statistics or free scripts)
- Downtime due to inability to obtain raw materials, supplies, or power used in or equipment needed to maintian normal services
- Downtime due to scheduled maintenance, DNS issues outside our direct control, issue with FTP, FTPES, POP, IMAP, or SMTP customer access
- Downtime due to customer's acts or omissions (or acts or omissions of others engaged or authorized by customer), including, but not limited to, custom scripting/coding (e.g., CGI, Perl, HTML, ASP, etc), any negligence, willful misconduct, or use of the Services in breach of our Acceptable Use Policy
- Downtime and Disruptions of any email or webmail delivery and transmission, DNS (Domain Name Server) Propagation
- Downtime due to outages elsewhere on the Internet that hinder access to your account. Deasoft is not responsible for browser or DNS caching that may make your site appear inaccessible when others can still access it.
- Downtime due to DDOS (Distributed Denial of Service) attacks.
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| General Terms and Conditions / Acceptable Use Policy |
This agreement represents the complete agreement and understanding between Deasoft and the account holder (hereinafter referred to as the customer) and supersedes any other written or oral agreement. Upon notice published online via Deasofts' services, Deasoft may modify these terms and conditions,amplify them, and/or modify the prices, as well as discontinue or change services offered without
prior consent of existing or prospective
customers.
If you do not agree
to these terms and conditions, please
notify Deasoft via e-mail
at enquiries@deasoft.com.
Use of your account shall constitute
your acceptance of this Agreement.
- Deasoft makes no
warranties of any kind, whether
expressed or implied, for the
service it is providing. Deasoft also disclaims any warranty of merchantability or fitness for a particular
purpose. Deasoft will
not be responsible for damages
the customer suffers. This includes
loss of data resulting from
delays, non-deliveries, misdeliveries,
or service interruptions caused
by its own negligence, subscriber's
errors or omissions, or due
to the fault of third parties.
- Customer agrees to defend,
hold harmless and expeditiously
indemnify Deasoft from
any liability, claim, loss,
damage or expense arising out
of the indemnifying party's
breach or violation of any covenant
contained in this Policy and
resulting from the customer's
use of the service.
- Services provided to the
customer by Deasoft
may only be used for lawful
purposes. Transmission or publication
of any information, data or
material in violation of any
Australian or US Federal or state regulation
or law is prohibited. This includes,
but is not limited to, material
protected by copyright, trade
secret or any other statute,
threatening material or obscene
material. Deasoft reserves
the right to remove any and
all materials which infringe
on copyright work. Such materials
will be removed at any time
upon receiving a complaint and
or notice of copyright infringement.
- Deasofts accounts cannot
be transferred or used by anyone
other than the subscriber. Customers
may not sell, lease, rent or
assign the connection or parts
of the connection to any party
not named in this Policy. Customer
may allow FTP access to its
server and host web sites for
its customers without violating
this Policy.
- Deasoft reserves
the right to cancel service
for any reason without prior
notice. In case of cancellation,
unused fees may be returned
to the subscriber on a pro-rata
basis. Fees for setup and the
first month's service are not
refundable. If a customer re-registers
after cancellation of the account
without Deasofts' written
consent, Deasoft will
cancel the customer's account
and all dues and fees paid to
date regardless of whether service
has been rendered will be forfeited.
Additionally, any amounts due
will be immediately payable.
- Setup fees are not refundable.
- Additionally, customer agrees
not to utilize the Deasoft
service, equipment or email
system in connection with the
transmission of the same or
substantially similar unsolicited
message to 500 or more recipients
or eight or more newsgroups
in a single day, unless deemed
acceptable on a per-case basis
by Deasoft. Customers
responsible for violating this
clause of the Deasoft
Acceptable Use Policy will have their account immediately cancelled without notice.
Any resulting spam related fines shall be passed on to said customer, who shall take sole responsibiity.
- Customer agrees not to transmit,
promote, or otherwise make available
any software, product or service
that is either illegal or designed
to violate this Agreement. Such
software, products or services
include, but are not limited
to, programs designed to send
unsolicited advertisements (i.e.
"spamware") and services
which send unsolicited advertisements.
- Deasoft requires that
its agreements be made with
a person who is qualified to
contract. As such, subscriber
must be over the age of eighteen
(18) years. Otherwise, a parent
or guardian must accept this
agreement and enclose the proper
payment. Deasoft cannot
accept payments from persons
who are not at least eighteen
(18) years of age, nor can we
accept agreements from persons
who are not at least eighteen
(18) years of age.
- Customer shall ensure that
its use of Deasofts'
and it's providers' networks
and services shall not disrupt
Deasoft, its associated
networks or equipment forming
part of the systems. In instances
in which an excessive amount
of system resources are utilized
by a subscriber, Deasoft
reserves the right to place
CPU process limits on the customer's
account to prevent disruption
of service to other customers.
Customers shall not transmit
any communication where the
meaning of the message, or its
transmission or distribution,
would violate any applicable
law or regulation or would likely
be offensive to the recipient
thereof. No message may be mass
distributed, "broadcast,"
or otherwise sent on an intrusive
basis to any Deasoft
user or to any directly or indirectly
attached network. Use of Deasofts' and it's providers'
connections in a manner that
is disruptive, damaging, unlawful,
offensive, or intrusive as determined
by Deasoft shall be
considered a breach of this
Policy and may result in cancellation
of service. This prohibition
extends to sending of unsolicited
mass mailings from another service
which in any way implicates
the use of Deasofts'
and it's providers' services,
equipment or any site hosted
on any Deasoft network.
- Customer warrants that any
material submitted for publication
on Deasoft does not
violate or infringe any copyright,
trademark, patent, statutory
common law or proprietary interest
of others or contain anything
obscene or libelous. Deasoft reserves the right
to remove any and all materials
which infringe on copyright
work. Such materials will be
removed at any time upon receiving
a complaint and or notice of
copyright infringement.
- Use of other organizations'
networks or computing resources
is subject to their respective
permission and usage policies.
- Use of Deasofts' hosting
services could involve listing
subscriber's participation in
relevant directories, and subscriber
expressly grants permission
for such listings.
- Customer is subject to a surcharge
in the event their account's
bandwidth usage exceeds the
allotted free bandwidth for
that plan. Customer is responsible
for charges related to bandwidth
exceeding the plan's allotted
data transfer.
- If Deasoft becomes
aware of material that could
be infringing on a third party's
copyright, it will initiate
an investigation. To conduct
an investigation of copyright
infringement, the complainant
must submit at least two items.
First, complainant must submit
a claim in writing with the
applicable copyright or trademark
registration number and a copy
of the underlying copyrighted
work along with the customer's
materials. Second, complainant
must offer a good faith certification
signed under penalty of perjury.
This certification must state
that the work is the property
of the complainant, that the
work has been copied and that
use of the work is not defensible.
With this information in-hand,
Deasoft, at its discretion,
may, at any time deny access
to the challenged material of
customer.
- If you believe that your work
has been copied in a way that
constitutes copyright infringement
by a Deasoft customer
("the customer"),
you ("the complaining party")
must first provide deasofts
Legal Agent with the following
information in writing ("the
notification"):
- an electronic or physical
signature of the person
authorized to act on behalf
of the owner of the copyright
interest that is allegedly
infringed;
- a description of the copyrighted
work that you claim has
been infringed; if multiple
copyrighted works at a single
site are covered by a single
notification, then include
a representative list of
such works at that site;
- a description of where
the material that you claim
is infringing is located
on the site sufficient to
permit us to locate the
allegedly infringing material;
your address, telephone
number, and email address;
- a statement that you have
a good faith belief that
the disputed use is not
authorized by the copyright
owner, its agent, or the
law;
- a statement by you, made
under penalty of perjury,
that the above information
in your Notice is accurate
and that you are the copyright
owner or authorized to act
on the copyright owner's
behalf.
Deasofts Copyright
Agent for Notice of claims of
copyright infringement can be
reached as follows:
Upon receipt of the Written Notification containing the
above information by the Complaining
Party, and only upon receiving
such Notification, Deasoft
will:
- Remove or disable access
to the material that is
alleged to be infringing;
- Forward the written notification
to the alleged infringer
("the customer");
- Take reasonable steps
to promptly notify the customer
that it has removed or disabled
access to the material.
-
In response,
the customer may send a "Counter-Notification"
to Deasoft. To be effective,
the Counter-Notification must
be in writing and include the
following information:
- The customers physical
or electronic signature;
- Identification of the
material that has been removed
or to which access has been
disabled and the location
at which the material appeared
before it was removed or
access to it was disabled;
- A statement under penalty
of perjury that the customer
has a good faith belief
that the material was removed
or disabled as a result
of a mistake or misidentification
of the material to be removed
or disabled;
- The customers name,
address, and telephone number,
and a statement that the
customer consents to the
jurisdiction of the Federal
District Court in which
the address is located,
or if the customer is outside
the United States, for any
judicial district in which
Deasoft may be found,
and that the customer will
accept service of process
from the person or his agent
who provided the original
Notification.
Upon receipt of the written
Counter-Notification containing
the above information by the
customer, and only upon receiving
such Counter-Notification, Deasoft will:
- Provide the Complaining
Party with a copy of the
Counter-Notification;
- Inform the Complaining
Party that it will replace
the removed material or
cease disabling access to
it within ten (10) business
days;
- Replace the removed material
or cease disabling access
to the material within ten
(10) to fourteen (14) business
days following receipt of
the Counter-Notification,
provided Deasoft9s
Copyright Agent has not
received notice from the
Complaining Party that an
action has been filed seeking
a court order to restrain
the customer from engaging
in infringing activity relating
to the material referenced
in the Notification.
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Any party
seeking to report any other
potential violations of this
Acceptable Use Policy may contact
Deasoft at legal@deasoft.com.
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To discontinue
services, you must notify Deasoft
to formally cancel
your account with and avoid
further charges.
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On occasion,
Deasoft may need to
communicate with its customers
through email for issues related
to billing, as well as changes,
additions and modifications
to the network. It is the responsibility
of the customer to check email
sent to the primary email address
specified during the sign-up
process.
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It is the
responsibility of the customer
to notify Deasoft of
any changes to their account,
such as phone number, address,
or credit card information.
Customers will be required to
provide verification for security
purposes authorizing them to
make any changes to the account.
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| Privacy Policy |
The privacy of
our clients is extremely important
to Deasoft. We strongly
believe in individual's rights to
privacy and that personal information
is not a commodity and should not
be treated as one. At all times
we will never share your personal
information with any third parties
without your permission.
Deasoft
does not collect personal information
of any non-customer under any circumstance.
Any information received, whether
that of customer or non, will not
be distributed to any party.
Access to customer information will
not be granted to any third-party,
including those who issue a subpoena
that does not comply with Deasofts Uniform
Privacy Policy, without the express
written permission of said customer.
Deasoft
does not sell or rent customer e-mail
addresses or other information to
any third-party and, inversely,
the Deasoft Acceptable Use
Policy prohibits any client from
sending Unsolicited Commercial Email
(UCE aka "spam") using
our services.
All client information,
such as your e-mail address and
phone number, is used only for internal
purposes to contact if necessary
for announcements. Financial information
that is collected is used only to
bill you for products and services
which you have purchased. |
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