The following Terms of Service (“TOS,” “Terms” or “Agreement”) apply to all services provided by CONXT (“CONXT,” “we,” “us,” or “our”) to you. By purchasing services from us you agree to this TOS.

APPLICATION OF TERMS

– This TOS applies to all Services provided by CONXT to you during the Term. This TOS consists of the following: Terms, Service Level Agreement (SLA), Money Back Guarantee, Renewal Policy, Fair Use Policy, Acceptable Use Policy (AUP), and our Privacy Policy. Collectively these documents are referred to herein as the “TOS.” They are referred to by their individual names if a particular paragraph applies to that document alone. Certain provisions of this TOS may not apply to you based on your Order.

– This TOS, together with your Order, represent the entire agreement relating to the Services and supersedes any agreements previously entered into between you and CONXT. Any other contract provisions presented by you are expressly rejected.

– The current TOS is always available on CONXT’s website. We may alter this TOS at any time with notification to you by email and by posting a notice in your Client Area. If you do not agree to any changes, you must terminate your Services within ten business days of the date of the change. Only a CONXT officer may alter this TOS. No agent of, or person employed by, or under contract with, CONXT has any authority to alter or vary this TOS. No oral explanation or oral information given by any party shall alter the interpretation of this TOS.

– In this TOS we mention certain legal rights you have if you are a consumer. This TOS does not affect or change these legal rights.

GENERAL TERMS AND CONDITIONS

– You will conform to the standards and acceptable use policies of CONXT which are set out in our AUP.

– You are responsible for obtaining any licenses or permissions from any third party which are required to upload content to the Services.

– Your personal information is treated in accordance with our Privacy Policy.

– You will receive passwords to be used when you log into your Client Area, server and/or certain Services. You are solely responsible for all passwords. You must keep all passwords confidential and take security measures to prevent any person from gaining access to them.

– CONXT’s Service Level Agreement (SLA) sets out the performance you can expect from us. The SLA is your sole and exclusive remedy for Service disruptions covered by it, unless you are a consumer in which case you have certain rights under the law if we fail to provide the Services to you.

– Certain aspects of the Services will only be licensed to you. These aspects may only be used by you while using the Services, and may not be transferred. Upon Termination of this TOS, or a particular Service, this license will end.

– The Services are provided to you as configured for our standard customer. We may update or upgrade the Services and/or any software installed on your account at any time without prior notification to you. You bear ultimate responsibility to ensure that the Services are configured to meet your operational, privacy and security needs. Your hardware, software and any other items you deem necessary to use the Services must be compatible with the Services. We are not obligated to modify the Services to accommodate your use.

– To the maximum extent applicable under national law and without affecting your rights as a consumer, the Services are provided on as-is basis. The hardware configurations may vary. CONXT may replace your host server hardware, transfer it from one datacentre to another, transfer your account to another server or modify certain software configurations when deemed necessary by CONXT. These differing configurations may result in slightly different performance from the Services.

– The proprietary and third-party software we offer as part of the Service is provided as-is and is subject to all warranty disclaimers and limitations of liability set out herein. This software may have terms and conditions that are in addition to those set out in this TOS. You must agree to those terms to use the software. If you fail to do so, your ability to use the Service may be affected. Terms and conditions incorporated by reference are listed in the respective sections of this TOS.

Backups:

– We may apply regular backups on Weekly or Monthly basis but the regular backups are intended for internal use only and we can not guarantee that a regular Backup will be available for restore upon your request. It is your responsibility to backup data of all your content in order to prevent potential data loss.

To the maximum extent applicable under national law and without affecting your rights as a consumer, Backup Services are provided “as-is”. Even if you purchase Backup Services, you agree that you will maintain your own set of backups independent of those we maintain.

If we provide data to you from a backup, it will be provided as raw data, and you may be required to reformat that data so that it reflects a prior configuration or use. If you purchase Backup Services from us, our only obligation is to restore your Space to its operating condition. While we may provide assistance, it is your obligation to restore your website. 

We don’t accept the following activities on our network:

– Adult/pornographic related website/content/business

– Gambling/Casino/Lottary related website/business

– Hacking/Attacking/extortion/ransom related content/service/business

– Selling/Trading of Tobacco products and/or Drugs.

– Website which encourage sedition and/or terrorism related activities.

ORDERS

– You may purchase Services from us in many different ways. For ease of reference, in this TOS the method you use to choose which Services to purchase is referred to as an “Order.” Each Order for Services by you shall be deemed to be an offer by you to buy the Services from us subject to this TOS. No Order shall be deemed to be accepted by us until we provision your account. The date on which we provide notice to you that the account is provisioned is the Effective Date of this Agreement. The Initial Term of the Services is set out on your Order (Initial Term). Upon the expiration of the Initial Term, we shall renew your services as described in our Renewal Policy.

– You must be over the age of eighteen at the time you place your Order.

– We will review all Orders to determine if they meet our financial, security and other reasonable criteria (Fraud Screen). We might ask you for additional information before we can process your Order. You may receive notice that your Order has been rejected because it fails to pass our Fraud Screen. We are unable to provide additional information about the reasons a particular Order fails to pass the Fraud Screen. Orders that fail our Fraud Screen will not be accepted and Service will not be provided. We have no liability for Orders that are not processed because they have failed our Fraud Screen. Orders that failed our Fraud Screen will be refunded to the same payment source minus the payment processor fees, Cryptocurrency payment is refunded to account credit balance (CONXT wallet).

– We are under no obligation to deliver any Services other than those identified in the Order.

– You shall provide to CONXT, at your cost, any information, resources or facilities reasonably requested by CONXT for the delivery of the Services and, where necessary, ensure that your employees, contractors and other suppliers cooperate fully and promptly with CONXT.

– Any instructions supplied by you to CONXT must be complete, accurate and clearly legible. We reserve the right to charge for any costs and any additional work incurred by CONXT due to any failure by you to comply with this paragraph and shall not be liable for any errors caused by such failure.

OWNERSHIP OF YOUR ACCOUNT

– Your contact information is set out in the ‘My Details’ section in the Client Area.

– If you, on behalf of another person or entity, create an account, you warrant that you will administer the account in good faith, and will indemnify us against all losses and liabilities sustained by us should you administer the account in ways that are adverse to the End User and result in any claim against us.

– For avoidance of doubt, the individual or entity set out in the Account Owner Information ‘My Details’ section of the Client Area is considered by us to be the owner of the account and all associated services (Account Owner). If you are the Account Owner and are administering the account on behalf of a third party, you agree to administer this account in their best interests and indemnify us, pursuant to paragraph 11.2, should an individual or entity claim that they own the account, or its content, or that your administration has not, or is not, in their interest. Domain names are owned as set out in applicable ICANN rules. If you purchase a domain name on behalf of a third party, and a dispute arises regarding your administration of that domain name, you agree to pay all registration fees during the time the dispute is pending.

– The individual or entity paying for the Services may not be considered to be the owner of the account. It is your obligation to ensure that you correctly indicate ownership of your account. If there is a dispute about ownership, the account may be locked until the parties to the dispute agree on a resolution, or until the matter is resolved judicially.

– You are responsible for providing valid contact information and keeping your contact details up to date. If you fail to do so, CONXT accepts no liability in the event that it grants access to the account or gives ownership of the account to another person.

INTELLECTUAL PROPERTY RIGHTS AND OTHER CONSENTS

– CONXT retains ownership of all intellectual property rights in the Services. CONXT grants to you a limited license to access and use the Services. All trademarks, product names and company names or logos used by CONXT are CONXT’s property or the property of their respective owners. No permission is given by CONXT to you or an affiliate to use any such trademarks, product names, company names, logos or titles, and you acknowledge that such use is an infringement of the owner’s rights.

– If we have not provided a license for you to use software as part of the Services, you agree to procure appropriate licenses to use all “Required Licenses.” “Required Licenses” means any licenses, consents or approvals required to use software, hardware and other items whose use is facilitated by the Service. You agree to provide us with copies of the Required Licenses promptly following our written request.

– You are solely responsible for obtaining all intellectual property rights in the intellectual property of others, including, but not limited to, clearances and/or other consents and authorizations necessary to use the names, marks or other materials which are used by you in, or transmitted via, the Services (Objects). On becoming aware of any dispute between you and any other individual or organisation regarding the Objects, CONXT reserves the right, at its sole discretion and without notice or liability to you, to cease any further use of such Objects including, without limitation, deleting or suspending them from its computer systems and/or to make appropriate representations or provide information to any relevant authority or interested party.

– Unless otherwise set out in this TOS, you own all right, title and interest to the information you place on our servers pursuant to the Services. If you submit feedback to us in the form of trouble tickets or in another similar manner, we shall have the right to use that information to improve our business processes. You have no right to any intellectual property that is based on an improvement to our business based on this feedback.

NOTICES

– Any notice to be given by either party to the other may be sent by support ticket if (i) to you, the Account Owner; or (ii) to us. In addition, we may communicate with you using the Support ticketing system facilitated by our Client Area. Notices of support tickets opened on your behalf are sent to you by email and shall be deemed received upon sending.

– You are required to provide notices to us about the Services through the Client Area. We will provide notices to you using the information you provide to us in the “My Details” section of the Client Area. We have no responsibility for misdirected notices based on your failure to provide correct information.

– Legal Notices to us, which are effective only upon acknowledged receipt, shall be provided to us using abuse@conxt.com.au.

PAYMENT

– You are responsible for the charges set out on the Order, in the currency specified on the Order (Fees).

– Invoices are due 7 days upon receipt (Due Date). CONXT reserves the right to suspend the Services after this time until payment is made.

– All prices advertised are inc. GST unless otherwise stated.

– Our obligation to provide the Services is contingent on your payment of the Fees by the Due Date. You are responsible for keeping at least one current payment method on file. We reserve the right to make an alternative payment method primary if we determine that the current one is not active for any reason. It is your responsibility to ensure that we receive payment of the Fees. Should the Services be suspended, for any reason, Fees will continue to accrue.

– If you believe there is an error on your bill, you must contact us in writing or support ticket to billing department. We each agree to work together in good faith to resolve any billing disputes. If you contact your credit card company, prior to notifying us of a dispute, and initiate a “chargeback” based on this dispute, we will charge you for investigation and processing. This compensates us for the investigation your card issuer requires us to conduct in order to demonstrate our right to payment. All of your Services may be suspended during bill disputes. To reactivate your Services, you must first pay all outstanding Fees.

– We will apply any refund using the same means of payment as you used for the initial transaction, unless we have expressly agreed otherwise. CONXT is not responsible for delays to refunds caused by processing institutions or expiration of the original payment method.

– We may return part of a pre-paid Fee as credit added to your account (CONXT Wallet), unless a refund is required by law. CONXT Wallet amounts may only be used for future purchases and/or renewals of CONXT services. Unless we specify otherwise, CONXT Wallet amounts will expire if unused for more than twelve months. CONXT Wallet amounts cannot be refunded.

– Money added to your account credit via Add Funds interface is not subject to refund.

– It’s your responsibility to make sure you’re using only one automated payment method, whether it’s a credit card or PayPal subscription to avoid payment duplication.

– It’s your responsibility to make use of your credit balance (if you’ve positive credit balance) when you pay an invoice rather than paying the full amount from your Credit Card/PayPal/Bitcoin wallet and keep your credit balance untouched.

– CONXT will charge a monthly administration fee of 4.5% ($3.00 minimum) on available credit balance of Inactive accounts with positive credit balance. (Inactive account is an account with no active services)

Servers with Metered Bandwidth:

Clients agree to pay any and all bandwidth overage charges accrued on their account from the previous billing cycle. Bandwidth overage charges are billed per gigabyte.

CONXT is not responsible for spikes in bandwidth use that are caused on a client’s server for any reason. The Client assumes liability for all bandwidth use to and from their operation. If clients are issued with an exceeded anticipated bandwidth notification, they are required to agree payment arrangements within 24 hours of that notification to prevent possible service interruption until adequate arrangements are made. These arrangements may include being required to pro-actively upgrade bandwidth.

You always can monitor your bandwidth consumption from client area, you can reduce server usage or request upgrade before it goes over limits.

Media streaming may not be allowed on some metered servers. Ask sales before you place your order.

Fraud

In the event fraudulent activity is discovered, the fraudulent account, and all related accounts,are subject to immediate suspension or termination at the sole discretion of CONXT. All information available to CONXT about the fraudulent account/service shall be submitted to both local authorities, as well any relevant organisations. All fraudulent activity is investigated, and all fraudulent clients will be prosecuted to the fullest extent of the law.

Abuse/Spam/Bulk Email Policy

CONXT reserves the right to deny mail delivery from any servers hosted on our network if they are believed to be involved in SPAM or SPIM activities. This includes spam support services such as DNS or spam advertised web sites. Our abuse department will locate abusive servers based on public blacklist monitors, source abuse reporting from external networks, and other means. If our abuse department receives a report or otherwise becomes aware of abuse-related activities on our network, we will identify the server the abuse was initially sent from (via IP and in some cases by domain) and create a ticket on behalf of the user who occupies the server with information regarding the abuse, such as logs describing the abuse and an explanation of what abuse took place.

CONXT have the right to suspend and/or terminate the service contract in the next billing cycle if the client refuses to cooperate with our abuse team to solve abuse-related issues on their website and/or server within the range of time provided to reply, or if we receive too many reports regarding the same service. CONXT will not be responsible of any loss of data.

if we receive 3 copyright/SPAM/Abuse notices during a calendar year for your service (hosting account or server) , your hosting account and/or server will be permanently suspended on the 3rd abuse notice and no data backup will be provided.

Service Level Agreement (SLA)

Uptime Guarantee

CONXT’s reliable hosting service is backed up by an industry-leading Service Level Agreement (SLA). We guarantee network uptime 99.9% of the time during a twelve month period, starting on the date you order your account. If we fall below that, we will notify you by email and we will automatically compensate your account as follows:

• 100% – 99.9% uptime: No compensation
• 99.9% – 99.00% uptime: 1 month free hosting
• An additional month of free hosting for every 1% of uptime lost below 99.00%

You can also check the status of your account’s server uptime service status page. You are always welcome to contact our support team if you believe an SLA event has occurred and you have not been compensated properly.

Compensation is limited to the length of your current Term, but cannot exceed twelve months.

Excused Downtime

The following events do not count towards our calculation of uptime:

• Scheduled maintenance;
• Emergency maintenance, hardware and software failure remedied under 1 hour;
• Distributed denial of service (DDOS) attacks, hacker attacks, and other similar events;
• Downtime caused by you, your own configuration, or third-party applications you use;
• Downtime caused when you reach the maximum resources allocation for your plan;
• Downtime caused because you have violated this TOS;
• Downtime during work on your technical support request(s); or
• Force majeure.

Our calculation of network availability is based on our internal records. We will not accept Third Party reports as evidence that you are entitled to a credit under this SLA.

To the maximum extent applicable under national law and without affecting your rights as a consumer, this SLA is your sole and exclusive remedy for downtime, or any network, software, hardware or Equipment failure.

Money Back Guarantee, Refund and Cancellation Policy

Our 30 day Money Back Guarantee gives you peace of mind that our Services will meet the expectations set out in the TOS. To the maximum extent applicable under national law and without affecting your rights as a consumer, the Money Back Guarantee is your sole and exclusive remedy should our Services fail to meet the expectations set out in this TOS.

The following conditions apply to our Money Back Guarantee:

• The 30 day money back guarantee covers all cloud hosting services only.
• Service Termination requests must be posted through your Client Area;
• Initial orders are covered within thirty days from the day we activate the Service(s);
• Renewal/Upgrade/Downgrade orders are not covered;
• If a violation of the TOS/AUP occurs or an abuse ticket is filed within the initial 30-day period, the order will not be covered by the guarantee;
• Domain name, Domain Privacy (ID Protect) and SSL Certificate fees are not refundable and may be due upon cancellation even if waived initially as part of a special promotion;
• VPS, Cloud and Dedicated Hosting Services, Paid Support, Software Licenses, add-on services or Third Party Services are not covered by the Money Back Guarantee and are not subject to refund; and
• Reseller packages are only covered if the complete Reseller package is cancelled. The guarantee does not apply to termination of individual accounts in a Reseller package.
• Orders placed using a coupon/discount code are not covered by the 30-day money back guarantee.
• Refund must be requested from a Billing ticket within thirty days from the day we activate the Service(s);
• Payment will be refunded to the same payment source (Credit/Debit Card or PayPal only), Cryptocurrency and other payments are refunded to account credit balance (CONXT wallet) within 10 business days.

Renewal Policy

You may choose to renew your Service(s) manually at any time. All available Renewal Terms and the respective Renewal Fees are set out in your Client Area (One Portal). From time-to-time special promotions may be available only for manual renewal of your Services.

All Services are set to renew automatically, with the exception of upgrades. Your current payment method is automatically charged the standard Fees for a Renewal Term:

• fifteen days prior to the expiration of your current Term for Shared Hosting Services, Domain name registrations and related services, and SSL certificates;
• five days prior to expiration of your current Term for Cloud and Dedicated Server Services; or
• upon expiration of your current Term for all other Services.

If we cannot process a renewal charge at the scheduled date, we will make additional attempts to charge your payment method(s) until you renew or terminate the Services. We will always charge for renewal the primary payment method on file first. Should the primary payment method fail, we will retry billing any other payment methods on file in the order listed in your Client Area (One Portal). We are not responsible for your data or domain name if Services are terminated because your payment method(s) have expired or are no longer valid for any reason.

Fair Use Policy

Our Fair Use Policy sets out certain limitations on the allocation of Server resources, aiming to allocate all our customers fair and adequate use of the Services. Details on the resource allocation are set on the Product Page for your Hosting Plan.

When using the Services, you will ensure that neither you nor any of your End Users make excessive use of the Server resources to CONXT’s detriment or that of our other customers. The term “excessive” is defined by our experience with similarly situated customers. Your account includes a control panel that provides statistics setting out your use of the resources associated with the Services. These statistics are the sole and exclusive method to determine whether your account has exceeded its allocated resources.

Unmetered traffic (bandwidth) applies to your use of web pages only (html, php, etc.), not to upload or storage of movies, pictures or music files. While we do not meter traffic, the maximum availability at any time will depend on current traffic usage and the technical specifications of our equipment. Certain Services have a fixed bandwidth allocation as set out on their Product Page. If in any calendar month your use of bandwidth exceeds that basic allocation, the Service will be limited and an overage fee may be charged if you wish to restore it. Unused bandwidth may not be carried over from month-to-month.

You agree that we have the sole right to decide what constitutes a violation of the Fair Use Policy and what is the appropriate severity of any corrective action to be applied. Failure on your part to maintain your account in full compliance with the TOS may result in warning, resource usage limitations, suspension or immediate account termination with no refund. You understand and agree that in the event of violation of the Fair Use Policy, we may provide you with a certain period of time to correct the issue. If you take no action during this period, we may apply corrective actions at our sole discretion. You acknowledge that we can immediately suspend and/or terminate each account that violates the Fair Use Policy and will not be responsible for any data loss resulting from such termination of Services.

Upgrade/Downgrade Policy

You can choose to upgrade or downgrade the Hosting Services at any time. All available upgrade options will be listed in your Client Area  and are subject to the fees set out on the respective Product Pages (Upgrade Fees).

The Upgrade Fee covers any account data transfer from one Server to another that might be required as part of the upgrade process. Any additional Services you have on the account will also be transferred, as long as they are compatible with the features of the new plan.

1. Upgrade to Cloud Hosting or Dedicated Server

Upon upgrade to Cloud Hosting or Dedicated Server Services, you will be required to select a new Term for your account. The new Term will begin on the date you order an upgrade. We will calculate any Fees remaining from unused time on your previous plan, we will prorate the amount based on the monthly Fee for your new plan, and will apply it as extension to your new Term.

2. Downgrade to another CONXT Hosting Service

You can choose to downgrade your account only if:

• your account was not previously upgraded from that plan because of violation of our Fair Use Policy; and
• your content does not require Server setup different from the standard Server setup. Different Server setup includes, but is not limited to, space size, installation of special PHP or Perl modules, open special ports, different MySQL versions, and/or SSH access.

You can request a downgrade through your Client Area (One Portal) support section. We may refuse to process your request if your account does not meet the conditions for a downgrade or if in our reasonable opinion the new plan is not suitable for the account.

Upon downgrade of your Hosting Service we will calculate the difference in Fees between the two plans for any full months remaining from your Term and we will prorate that as extra time to your new plan. If no full months remain, your account will keep its current Term. Any additional or free Services that are either not included in or are not compatible with the new plan will be terminated.

Fully Managed Servers

Our Fully Managed servers are powered by cPanel/WHM control panel.

CONXT handles server-side tasks for the end customer while tasks that are accessible from cPanel or the WHM interface provided to the end customer are expected to be handled by the end customer, however, we do provide guidance on this type of tasks as well.

CONXT keep the root access exclusive to the CONXT team and the end customer gets limited access to WHM interface since server-side tasks are meant to be handled by the CONXT team so the end customer can focus on managing and growing their website/project.

CONXT handles software installation and configuration (Including cPanel, LiteSpeed, ImunifyAV/AV+/360, Softaculous, JetBackup, and Acronis Cloud Backup agent). Software required to be installed should be officially supported by cPanel and doesn’t conflict with or affect cPanel installation or functionality by any means, otherwise, the installation request will be rejected to maintain server stability. (Additional charges may apply on 3rd party software installation and/or configuration)

CONXT handles advanced server security hardening only when the required advanced security tools are purchased with the server order. (e.g. Imunify360). CSF Firewall is installed and configured by default on all managed servers.

CONXT is not responsible for software vulnerabilities on applications used by the end customer and therefore CONXT is not responsible for data loss or damage caused by a 3rd party software or exploited vulnerability. We highly recommend regularly updating your software to the latest version.

CONXT doesn’t allow whitelisting 3rd party IPs, if the customer believes there’s a necessity to whitelist a 3rd party IP address, the server security liability is shifted to the end customer since whitelisted IPs bypass all server security layers.

CONXT configures hosting accounts backup using the available tool (cPanel native backup system or JetBackup “if purchased with the server order” or both) on a local disk or cloud storage or both, however, CONXT encourages end-customers to maintain a full backup of their website on a local machine.

CONXT is not responsible for data loss caused by hardware failure. In case of hardware failure, CONXT is responsible to provide a replacement server/hardware part ready with cPanel and all the required software and restoring the hosting accounts from local disk, cloud backup (if Acronis cloud backup is purchased with the server order), or if the end customer provided valid cPanel backup file(s).

CONXT configures and maintains full server backup using Acronis Cloud Backup “if purchased with the server order”.

CONXT is not responsible for data loss caused by late payments including late payment of the server hardware, paid software/add-on service, or backup software/tool/storage.

CONXT is not responsible for data loss caused when the end customer doesn’t approve, pay, or proceed with a required backup storage upgrade within 2 days of email or ticket notification (when local or cloud backup storage upgrade is required for backup continuity).

CONXT is not responsible for server performance or data loss when the end customer doesn’t approve, pay, or proceed with a required hardware/software upgrade within 3 days of email or ticket notification.

CONXT is not responsible for slow website performance caused by outdated/non-optimized software.

CONXT doesn’t provide code support on fully managed servers.