These are standard terms and conditions for the supply of a service from OnePoint Digital Pty Ltd. These terms and conditions will apply to the customer once a service has been provisioned.
In addition to these terms and conditions, the following must also be complied with
Some customers that may be utilising services from a third party that we are an agent for. If you are utilising such services you must comply with the third party’s terms & conditions. Examples of such third party services may include but are not limited to:
- Google Apps™ for Work
- Domain Names
- SSL Certificates
- We/Our/Us – This refers to the business OnePoint Digital Pty Ltd (ABN 28 620 932 569 & ACN 620 932 569).
- You/Your/Customer/Customers – This refers to the person or entity that has ordered a service from us.
- Parties – This refers to both you (the customer) and us (OnePoint Digital Pty Ltd).
- Service/Services/Service(s) – This refers to a product that has been advertised and provisioned by us. This may be hosted on any part of our infrastructure (such as our servers or network). Our service(s) are identified by a description on our website and also in the client area.
- Supplier – This refers to our supplier who provides us goods and services, which can be used directly or indirectly by us to supply a service to the customer.
- Client Area – The customer portal refers to where our billing system is located for customers to access their private information.
- Network – This refers to a connection that we may supply or is supplied to us.
- Personal Information – This refers to any information that has been supplied to us (this includes your full name, current and any other address(s), services supplied, date of birth, e-mail address(s), credit card information and your driver’s license number).
- Contract Term – This refers to the period of time (days, weeks, months, years) that a service has been agreed upon between the customer and us and has been outlined on an order application form.
- Our Equipment – This refers to equipment that has been purchased by us and is owned by OnePoint Digital Pty Ltd.
- Your Equipment – This refers to equipment that has been purchased by you and is owned by you (the customer)
Commencement of this Agreement
This agreement will commence on the date that the service has been created (shown as day/month/year) and is provisioned by us and/or our system.
Where there is a difference in the date that an order was placed and the date the actual service was provisioned the commencement date can be altered within our client management system.
- You agree to abide by all local, state and federal laws of the country where the service is being delivered.
- This agreement is governed by the laws of the Commonwealth of Australia in addition to the laws of the state that you and your service reside in.
Making an Application
You can make an application for one of our services by:
- visiting our website to select your desired product and or service, then completing any online forms associated with placing said order via our client area website.
- placing an order directly via our client area website, and completing any online forms associated with that order.
- where prior written or verbal approval has been arranged an order can be completed via email, phone or other method of communication as approved at the discretion of our sales representatives.
Accepting an Application
We may accept an application that has been submitted to us via an approved method as outlined in section 5 by us based on:
- That you are found to be eligible for the service.
- The product or service that you applied for is available for purchase and is in stock.
- The personal information that you provided to us during the application process is correct.
- Any existing service(s) that you may hold with us have been approved and do not currently have any outstanding invoices or debts.
- Where proof of identity has been requested you have provided the requested identification documents and they match the information provided during the application process.
- That you are 18 years of age or older.
We reserve the right to decline an application at any stage.
Provisioning of a Service
- We will commence supplying the requested service to you within 14 working days from the day the online application form has been submitted online following receipt of payment.
- If a service is advertised with automatic provisioning, this service will be completed within no more than 60 minutes from the time the service has been confirmed as paid by our billing system.
- If a field has not been filled in correctly when submitting your application, this may prevent the service from being provisioned.
- On completion of provisioning a service we will provide the customer all of the required information to access their service(s) via email and/or via the client area.
- A service will remain provisioned unless identification is requested as outlined in section 6 or a cancellation notice has been issued as outlined in section 18 of these terms and conditions.
In order for us to provide a service to you, equipment may need to be provided on our behalf for the service to be provisioned and/or activated.
Where we provide our equipment:
- The ownership of the equipment will always remained owned by us unless specified in the contract and has been agreed to by both parties in writing;
- We will ensure that the equipment is in working condition to the best of our ability;
- All operating procedures must be followed in accordance with the manufacturers specification guidelines that can be obtained from their website or by contacting technical support;
- We reserve the right to inspect, test, service, repair, modify, remove or replace any part of our equipment when a fault is reported with or without notice;
- You must ensure that any equipment provided by us is not altered, serviced or repaired without prior written authorisation from us;
- We reserve the right to recover our equipment after either you or we have canceled the service.
- Equipment may be purchased from us in certain circumstances, where a product has been purchased the equipment’s condition will be provided prior to the sale. Refunds and exchanges on purchased equipment will not be possible except where required under Australian Consumer Law.
- Any sale of equipment is finalised seven (7) days from the receipt of payment and cannot be returned for any reason after this time unless required by Australian Consumer Law.
- All products purchased from us will come as is without warranty unless where possible the manufacturers warranty has been transferred with the sale of the equipment.
For the provisioning of service you may be required to provide your own equipment as outlined within the product specifications and contract where applicable). At all times will your equipment remain your property and will only be used for the purpose of providing you with the requested service(s).
- Your equipment must comply with all local, state and federal laws;
- Must comply with all technical standards in guidance with the Regulatory Authority (the Australian Communications and Media Authority, the Australian Competition and Consumer Commission (ACCC), the Telecommunications Industry Ombudsman (TIO) and any other government, body or authority that may fall under Australian Technology & Communication standards & guidance;
- Direction may be provided by us at any given time and must be followed at all times to avoid any danger or interference that it may cause to our staff and/or infrastructure;
- Access to your equipment may attract an administration fee. This fee will be disclosed to you prior to the requested access period and must be paid in full prior to accessing your equipment;
- Any request to access your equipment in our facilities will require 48 hours notice by submitting a request to our technical support team or network operations centre (NOC);
- Access to your equipment for an emergency may attract an emergency access fee. This fee will be disclosed to you prior to the access being granted and must be paid in full within 5 working days;
- We reserve the right to disconnect your equipment from your provisioned service and hold it until all outstanding invoices are paid in full. A reasonable notice period may be given however, immediate disconnection may occur in the instance of an emergency;
Standard of Service
- We are committed to delivering a service with no interruptions or downtime however; we do not guarantee that the service will be free from any faults or interruptions.
- Our ‘Service Level Agreement’ can be found on our website (or through the link provided in section 1 of this document) and will outline our policy regarding delivery of our services and compensation for outages that we are responsible for.
Charges and Fees
A charge will be applied for any service that is held with us unless specified during a promotion.
- A monthly charge will be applied on the anniversary date of provisioning a service with us.
- Should your service be provisioned after the registration/signup date, the provisioning date can be altered accordingly.
- Should an upgrade request be submitted before or after the billing anniversary date, a pro-rata fee to the closest billing anniversary date will be applied and must be paid in full before the upgrade is provisioned.
- Should an upgrade request to be requested on the anniversary billing date, the full fee will be applied and must be paid in full before the upgrade is provisioned.
- Where payment is made by cheque a $25.00 manual processing fee will apply. This fee may be paid with the existing invoice or the fee will be applied on your next invoice.
- Where manual work is required by an administrator, technician or staff member to complete any work, an administration fee may be applied and must be paid in full before we complete the provisioning of the service.
- Should we find a billing error, we reserve the right to rectify the error and bill for the service in accordance to recoup any amount back.
- A request for a chargeback will attract a $55 administration fee and will be either deducted from the amount being refunded or charged to the account and must be paid in full before a chargeback is completed.
- Refunds are provided at the discretion of the OnePoint Digital Pty Ltd Management team and where required by Australian Consumer Law. It is at the discretion of the Management team to refund the amount back to a nominated bank account or as credit to the billing account held with us. Where a refund is required under Consumer Law you will be refunded via the same method that you used to pay for your service originally.
- Fees, payments and/or costs such as setup/installation fees, domain name registration costs, SSL certificate costs are non-refundable.
- Should a service be found to be in breach of these terms and conditions or our acceptable usage policy, a re-connection fee may be applied before reconnecting the service.
- An hourly fee will be applied to an account should remote assistance be requested. This fee must be paid in full within 5 working days from the date the remote hands job has been completed.
- Should a request be made for a copy of any existing backed up data to be supplied to you from our any of our infrastructure, an administration fee will be applied and must be paid in full before any data is provided to the owner of the account.
- All prices that are advertised on our website and any advertisements that are produced by OnePoint Digital Pty Ltd will include any government charges and taxes unless otherwise stated.
- If payment is not received in accordance with these terms and conditions, you will be held liable for the collection of cost. This cost will include interest on any overdue amount, which is calculated at a daily rate of 10% per annum starting from the due date of the invoice.
- We reserve the right to charge per gigabyte (GB) for any excessive bandwidth usage that exceeds your monthly allowance that has been described in the product information on our website or promotions.
- Where we become liable for any cost incurred from our suppliers that relate to your service, you become liable for the total cost plus interest.
Invoices and Payments
- Payment is accepted by using credit card, direct bank transfer and PayPal.
- Payment accepted by cheque will attract an administration fee as described in section 11 of this document.
- All payments that are accepted will pay for the service in advance.
- Invoices are generated and sent 15 days prior to the invoice due date to the registered email address.
- An invoice reminder will be generated and sent to the registered email address 2 days prior to the invoice due date.
- An overdue invoice reminder will be sent on the first day after the invoice due date to the registered email address.
- A second overdue invoice reminder will be sent on the third day after the invoice due date to the registered email address.
- A third overdue invoice reminder will be sent on the fifth day after the invoice due date to the registered email address.
Late and Dishonoured Payments
- An outstanding invoice will be classed as a late invoice on the first day after the invoice due date.
- A late invoice will attract a late fee of 10% or $15.00 whichever is greater on the fifth day after the invoice due date.
- If an invoice is not paid in full within 30 days of the invoice due date, we may refer the account to a debt collection agency without notice to the customer.
- The customer must pay any expenses incurred by us as a result of an invoice not being paid. These costs include debt collection fees and legal cost on an indemnity basis.
- Should a billing dispute be raised as described in section 15 of this document after a late fee has been applied, the late fee will not be waived.
- All late and dishonoured payment disputes must be raised with us by sending an email to email@example.com or to our sales team via our client area.
- We may run a special offer (or also known as a promotion) from time to time on our website and on other social media websites. These special offers may include terms and conditions and will be classed as additional terms and conditions to this document.
- Pricing for any special offer will cease as described in the additional terms and conditions.
- Should a special offer state that the offer is “For the life of the account”; we can offer you the option to upgrade you to a new plan that may have different pricing. The offer cannot force you to change to the new plan.
- Once the special offer period expires, the pricing of the service will be changed to the advertised price on our website.
- Should a contract period be offered with a special offer and the contract is broken, the remainder of the contract must be paid in full within 5 days of the day the cancellation request is submitted.
- Special offers are subject to new clients only unless otherwise specified in the terms and conditions of the special offer.
- Existing customers can take up a special offer if upgrading to a higher plan.
- Special offers cannot be used multiple times during the sign up process.
- Special offers are not subject to downgrading a service.
- A billing dispute may be raised with our Accounts team by either email (email: firstname.lastname@example.org
) or VIA our
eTicket system and all billing disputes must be raised within 1 month from the date the invoice has been generated.
- If a billing dispute is raised, we will within a reasonable timeframe conduct an investigation into the dispute.
- When raising a dispute with our Accounts team, all of the information that you have must be presented to us. The information presented to us will be used to investigate the dispute on our behalf.
- Should the Accounts team find that there is an error in the bill, we reserve the right to modify the invoice and re-issue the invoice to the email address registered in our system.
- Should an invoice be overpaid, a credit will be applied to your account.
- Should an invoice be overpaid but the account has been cancelled, the overpaid amount will be refunded back to the nominated bank account within 7 working days.
- Should an invoice be found to have no errors, the invoice must be paid in full within 5 working days after the investigation has closed.
- Once the Accounts team has provided a final statement and resolution to a billing dispute, this outcome is final.
- If a billing dispute is raised after 1 month from the date the invoice was generated, the dispute becomes invalid.
Availability of a Service
- We will guarantee to deliver 99.95% uptime availability for all of our services as described in our Service Level Agreement, which is available from section 1 of this document.
- We will endeavour to schedule any maintenance work that may need to be carried out on our infrastructure if downtime insists of 30 minutes or more.
- We will ensure to provide a minimum of 24 hours notice for any scheduled maintenance work.
- A notice for any scheduled maintenance work will be provided either VIA our service status website (http://servicestatus.onepointhosting.com/), an email notification or a SMS alerts.
Suspension of a Service
- We reserve the right to suspend a service if found to be in breach of these standard terms and conditions or our acceptable usage policy.
- We reserve the right to suspend your service if
- The service has been reported to us or found to be carrying out illegal activities
- Downloading, uploading or storing copyright material (e.g. – software, music, movies, torrent files and/or data content);
- Hosting (adult and/or child) pornographic content including but not limited to audio and/or video files, still and/or animated images;
- Scripts that can be found to be attacking another network(s) and/or server(s);
- Storing content/data such as credit card and/or bank account information that is not related to your business;
- Websites that are classed as “malware” and/or “phishing”;
- Found to be used to violate local, state and/or federal laws;
- Found to be used to commit fraudulent activities;
- Running an IRC Server and/or any type of Proxy Server and/or Gaming Server/Service/Application.
- We believe that your service to be a threat or a risk to our infrastructure.
- There is an emergency that your service is required to be shutdown and suspended.
- If we find that you have held a service with us previously under the same or a different name and it has been suspended or terminated due to violating our terms and conditions.
- If you hold a provisioned service with us that is under the same and/or different name and is suspended due to an overdue invoice.
- If we request identification for verification purposes as described in section 21 of this document.
- If you have become insolvent or been declared bankrupt.
- If we find that you are not of the age of 18 years or older.
- Should a provisioned service be suspended for breach of these terms and conditions or our acceptable usage policy, a notice of suspension will be issued within 2 hours from the time the provisioned service has been suspended.
- If we suspend a provisioned service, any due invoices will not be required to be paid until a final outcome has been provided.
- We may suspend a provisioned service at your request for up to and no more than a period of 2 months.
- Should we receive a request for a provisioned service be suspended, 50% of the suspended period must be paid instead of 100%.
- Should a request for a service to be suspended for up to a period of 2 months, a suspension request form must be completed, signed by the authorised account holder and emailed or posted to us.
- If a service has been suspended, we are under no obligation to provide a copy of any existing data from our infrastructure.
- If Management approves a request for a copy of any data, a fee for retrieval will be applied and must be paid in full before any data is provided.
- While a service is suspended, we take no liability in any loss caused by such suspension.
Cancellation of a Service
If a cancellation request is submitted during a contract period, the remainder of the contract must be paid in full.
We may suspend a service if abuse is found in any form of communication towards us as described in section 22 of this document.
If a cancellation form has not been submitted for a provisioned service, the service will not be cancelled.
You may be contacted shortly after the cancellation request form has been submitted for verification purposes.
- A cancellation request for a provisioned service must be submitted through the Client area by filling in the cancellation request form.
- A cancellation request may only be submitted by submitting a cancellation request via the product/service cancellation request section of our Client Area.
- We will not accept a cancellation request VIA an eTicket, email or telephone request. This is due to security reasons.
- A notice period of 14 days before the new invoice due date must be given for a cancellation request.
- If a cancellation request has been submitted with less than 14 days notice, any due invoice(s) must be paid in full.
- If a service has been suspended due to violating these terms and conditions, a cancellation request cannot be submitted.
Termination of a Service
- We may terminate a provisioned service within 24 hours if we have found you to be in violation of this agreement or linked policies.
- We may terminate a provisioned service if we find that the customer has provided false or misleading information to us.
- A notice of termination will be sent to the registered email address giving you notice of the termination.
- If a service has been suspended for an overdue invoice and the invoice has not been paid on the 14th day since the invoice due date, we reserve the right to terminate the service.
- Should a service be terminated, any unused portion of the monthly/quarterly/half-yearly/annually payment will not be refunded.
- We may terminate a service if abuse is found in any form of communication towards us as described in section 22 of this document.
- If a service has been terminated, we are under no obligation to provide a copy of any existing data from our infrastructure.
- If a request for a copy of any data is approved by Management, a fee for retrieval will be applied and must be paid in full before any data is provided.
Interception of a Service
- You agree that we may intercept any form of communication of a provisioned service with us and may monitor your usage of the provisioned service to ensure that you are complying with this document and in compliance with local, state and federal laws.
- Information may be collected from sources such as application forms that are submitted to us via, our website, telephone, emails, support tickets, publicly available sources, telecommunication and other services providers.
- Any information you provide to us is kept confidential however, we may release your information to
- Our employees and contractors;
- A related entity that is linked to OnePoint Digital Pty Ltd;
- Suppliers who may need access to your information to provide us a service on your behalf;
- Our professional advisors such as accountants, debt collection agencies, lawyers and/or auditors.
- We reserve the right to request for any form of identification for the purpose of verifying the details that have been provided to us.
- If we find that you provide part of or not all of the information correctly that we request, we may not be able to provide a provisioned service to you or we may refuse to provide a provisioned service to you until the correct information has been supplied and verified.
- We reserve the right to make adjustments and modifications to any policy covered by this document at any time.
- Where a change is made you will be notified by email of the change in policy and through internal communication on the client portal.
- If you do not agree with the changes made to a policy, you must discontinue using our service within 7 days of the policy date of issue.