Hosting service – Any shared, reseller, or dedicated
service used to store and deliver web based content.
Additional services – Any product or service that is
considered an “addon” to a primary hosting service, or which
covers one off charges for additional work carried out by a Codepode
Resource usage – Any and all allocated resources
provided to the customer to allow for the storage and delivery of the
the web based content within a hosting service. This includes but is
not limited to disk space, Memory, CPU, Bandwidth
Subscription – The term (monthly, quarterly,
annually) applicable to the purchased service.
Members Portal – An account management interface for
managing the billing aspects of hosting or additional services
purchased including invoices, contact information, and domain
Payment – Establishment of any hosting or additional
service is dependent upon receipt by Codepode of payment of stated
charges as outlined on the Codepode website or any other
documentation or custom quote provided to The Customer. Subsequent
payments are due on the anniversary date of the subscription term in
advance for the following subscription term’s service. All service
fees are disclosed within a product description or will be disclosed
to the customer prior to payment being required for any custom
quotations or services ordered via phone.
Setup Fee – The Customer agrees to pay in advance and
in full any amount of a non-recurring nature required for the initial
deployment of the purchased hosting service. Any such fees are listed
as setup fees in the service description or will be disclosed in any
custom quotations prior to any server provisioning, equipment
acquisition or installation by Codepode.
Recurring fee – All subscriptions for hosting
services provided by Codepode are recurring by nature and the
Customer agrees to pay any recurring fees listed in the Service
description in advance each anniversary date until such time as The
Customer submits a cancellation request in accordance with these
Terms of Service.
Non-Refundable Fees – Certain fees paid to Codepode
are considered non-refundable due to the nature of the product or
service purchased and this includes but is not limited to the
Third Party Products – Products supplied by Codepode
where Codepode acts as a reseller for another provider (e.g. domain
registrations, SSL certificates, third party product licences) are
provided as non-refundable products and refunds cannot be provided
once the product has been activated on an account.
Advanced Administration Time – Services where
additional labour is to be carried out by Codepode staff are
non-refundable once the additional labour has been carried out.
Additional Resource Usage fees –
Should Customer exceed the total amount of included hosting resource
utilisation as described in Service Definitions. Customer agrees that
overage fees will apply and be due immediately. Current pricing for
additional resource utilisation is resource specific and maintained
in the Account Center and the server
Invoices and Statements –
invoices are provided to The Customer by email using the contact
email address supplied
by or assigned
to the Customer or any additional billing contacts within the
Codepode billing system. Invoices cannot be sent via postal mail or
any other courier style service.
Statements – Codepode does not provide written or
printed statements. However, an account’s invoice history is always
available for viewing by The Customer within the Members Portal.
Failure to Pay – Codepode may temporarily deny
service or terminate this Agreement upon the failure of The Customer
to pay a subscriptions applicable recurring fees where the fees reach
14 days past due. Such termination or denial will not relieve The
Customer of responsibility for the payment of all accrued charges,
plus reasonable interest and any collection fees. Accounts that are
not collectable by Codepode may be turned over to an outside
collection agency for collection which may result in additional fees
or fines being payable.
REFUNDS, DISPUTES AND CANCELLATIONS
Money Back Guarantee – Codepode provides a 14 Day
Money Back Guarantee for Dedicated hosting services ordered under a
subscription period of quarterly or greater.
Refunds – All payments to Codepode are
non-refundable, except where the money back period is applicable and
the refund request is made within 14 Days of the service signup date.
One time setup and additional fees are non-refundable except where an
ordered hosting or additional service cannot be provided by Codepode.
Where an ordered service cannot be provided but an alternative
service is provided in its place, all applicable one-time setup fees
will remain payable. Refunds are not provided automatically and must
be requested by the customer within 28 days of requesting
Disputes – All overcharges or billing disputes must
be reported within 60 days of the time the dispute occurred. If you
dispute a charge to your credit card issuer that, in Codepode’s
sole discretion is a valid charge under the provisions of these Terms
of Service, you agree to pay Codepode an “Administrative Fee” of
not less than $50 and not more than $150
Service Cancellation by The Customer –
Codepode provides an ongoing recurring service which will remain
active until such time as The Customer submits a cancellation request
by completing the online cancellation form available within their
Members Portal. Requests for canceling accounts must be submitted at
within 2 business days prior to the next due date to ensure no
further fees are payable. Instructions on locating and using the
cancellation request form can be found here.
No Cancellation Fee – Codepode does not charge a
cancellation fee and does not refund prepaid fees except where the
Money Back Guarantee is applicable.
No Access to Account – If The Customer wishes to
cancel a service and is unable to access the Members Portal for any
reason, The Customer must make contact with Codepode via email, phone
or support ticket to obtain necessary login information or
instructions to proceed with the cancellation request.
Customer Data – Upon successful cancellation of a
hosting service, all data stored within the cancelled service will be
removed. Codepode does not provide any guarantees that The Customer’s
data will be retrievable once the cancellation process has been
Service Cancellation by Codepode – Codepode may
cancel The Customer’s hosting service for any breach of these Terms
of Service or the Acceptable Use Policy (“AUP”) without prior
notification. Codepode does not provide any guarantees that The
Customer’s data will be retrievable once the cancellation process
has been completed.
Account Owner – The highest authority of a single
Members Portal Account is considered the Account Owner. Individual
hosting or additional services that are associated with an account,
are controlled by the Account Owner and modifications and updates to
an account’s information can only be actioned by the Account Owner
or their Authorised Additional Contact. The Account Owner is
established at the time the account is created. The details of an
Account Owner must be that of a real person. It is not permitted to
use fictitious or “fake” names for the details of an Account
Owner. Accounts containing fictitious or “fake” names, and
contact details that do not reflect the details of a real person may
be suspended or terminated without notice.
Account Information – The Customer warrants that all
information provided to Codepode is truthful and correct and accurate
and up to date and that the person designated as the Account Owner is
of or above 18 years of age and is legally empowered to act and enter
into this contract as The Customer or on behalf of The Customer as
indicated on the relevant application form.
Maintaining Account Information – The Customer is
responsible for maintaining the contact information stored within
their account and failure to maintain up to date contact information
does not warrant the waiving of any fees, overdue fees, or warnings
issued by Codepode.
Authorised Additional Contact – The Account Owner may
add and authorise an additional contact person or persons to act on
their behalf. The Account Owner is limited to adding one additional
billing contact and a maximum of three additional technical contacts
and account’s found to have more than the allowed maximum
additional contacts will be requested to remove the excess to ensure
adherence to the limits.
any additional contact added to an account to be able to request
account modifications, the Authorised Additional Contact must be
configured as a sub-contact with their own login information and have
appropriate permissions set. If the Authorised Additional Contact is
not activated as a sub-account, the contact will only have limited
permissions to support for a service and will not be able to request
configuration changes to the hosting or DNS.
Account Transfer –
The Account Owner role can be transferred to another Authorised
Additional Contact or Codepode Customer by contacting our billing
support team to obtain the appropriate steps. To contact billing
support via email
Account Closure – An account will be automatically
deactivated when no active hosting or additional services are being
operated under the account.
DOMAIN REGISTRATIONS TRANSFERS AND RENEWALS
Domain Registrations – successful domain
registrations that have completed the registration process and are
considered active by the Domain Registrar are final and cannot be
cancelled or refunded. Some domain extensions may require additional
information to complete the registration and Codepode provides no
guarantees that an ordered domain registration will be successful. It
is The Customer’s sole responsibility to ascertain what information
is required to register a particular domain prior to placing any
domain registration orders.
Domain Transfers – Domain transfers typically take
5-7 days to complete once final authorisation has been received by
the Domain Registrar, with the exception of .au domains which take 48
hours once final authorisation has been actioned. Codepode has no
authority to speed up a domain transfer and cannot place any
guarantees on how long a transfer will take to complete. The Customer
must ensure all contact information is updated with current Domain
Registrar and the appropriated transfer codes have been obtained
prior to placing a domain transfer order with Codepode.
Domain Renewal – Domains must be renewed prior to
their expiration date to avoid the domain and the web services
becoming inactive. Multiple notifications are sent to The Customer
advising them of upcoming domain renewals starting from 90 days prior
to the listed expiry date. Codepode has no control over keeping the
domain active once it has reached its expiry and does not take
responsibility for a website becoming inaccessible due to The
Customer not renewing their domain.
GENERAL TERMS AND SUPPORT BOUNDARIES
Support Boundaries –
Codepode provides technical support to it’s direct customers only
and does so in accordance with it’s defined support boundaries.
Codepode’s support is designed to assist customers with the use of
and connections to the hosting service and does not extend to
diagnosing or fixing issues that relate to the coding of a website or
web application hosted within The Customer hosting service.
Support to Customers – Codepode provides direct
technical support to The Customer with Dedicated hosting services.
Codepode is happy to assist with all support issues that fall within
the scope of our support boundaries when contacted by The Customer.
Advanced Support – Where Codepode can and agrees to
provide advanced support to The Customer, additional service fees are
required for the provision of the advanced support. Fees for advanced
support are payable in advance based on the time estimated by
Codepode for the additional task to be carried out. Codepode provides
no guarantees that an issue or task will be resolved within the
estimated time, and if further time is required, additional advanced
support time will need to be paid for prior to any further labour
being carried out.
Responsibility for Content and Account Activity – The
Customer is solely responsible for the content stored on and served
by the hosting service purchased and the activity of any scripts or
email services created under the hosting service. The Customer must
maintain the security of all account passwords and applications or
scripts and ensure all scripts under the hosting service are free
from malicious content that may harm any part of the Codepode
infrastructure, other client accounts hosted by Codepode, or the
external systems of visitors viewing the hosted content.
Acceptable Usage – The Customer must ensure at all
times they comply with Codepode’s Acceptable Usage Policy(AUP) and
must not host any content or allow any account activity that breaches
the AUP. Breaches to the AUP are governed by the following
First violation – When Codepode determines a hosting
service has violated any element of the AUP, The Customer shall
receive an email warning advising of the violation. The hosting
service may at Codepode’s discretion be subject to a temporary
suspension pending The Customer’s agreement in writing to refrain
from any further violations.
Second Violation – When Codepode determines a hosting
service has committed a second violation of any element of the AUP,
the hosting service shall be subject to immediate suspension or
termination without further notice.
Suspension of Service or Cancellation – Codepode
reserves the right to suspend access to The Customer’s hosting
service if in the judgement of Codepode The Customer’s service is
the source or target of the violation of any of the terms of the AUP
or these terms of service. If inappropriate activity is detected, all
accounts of The Customer in question will be deactivated until an
investigation is complete. Prior notification to the Customer is not
assured and in extreme cases, law enforcement will be contacted
regarding the activity. The Customer will not be credited for the
time the hosting service is suspended.
Web applications – The Customer must ensure all web
applications utilised on the hosting service are kept secure, patched
and up to date. Open source applications are vulnerable to attacks
via exploits in the software, and the developer’s of the software
generally provide updates when vulnerabilities have been detected. It
is The Customer’s responsibility to install any and all
updates/patches to maintain the application’s security. If The
Customer does not have the required skill to perform the updates, The
Customer will need to employ the services of Codepode who will be
able to assist.
Maintaining Compatibility – The nature of hosting
environment and server applications such as Ngenx, PHP and PostgreSQL
is that they are constantly being updated to maintain stability,
performance and security. Keeping web based applications patched and
up to date ensures both a secure website and data, and is also
essential to maintain compatibility with changes in server
applications. Codepode incrementally updates all server applications
on a regular basis and it is the responsibility of The Customer to
maintain installed web applications to ensure compatibility with the
latest stable and supported releases of all server applications.
Resource Usage – All hosting services purchased have
a variety of resource limitations applied in accordance to the
applicable plan associated with the service. It is The Customer’s
responsibility to ensure their hosting service does not exceed the
resources allocated and to upgrade their service if it is determined
more resources are required to continue the smooth operation of a
Resource Usage Abuse – Codepode implements per
account resource restrictions on all dedicated hosting services which
will vary from plan to plan. In addition to these, customers must
Use 50% or more of the allocated CPU resources for more
than 60 seconds.
Run stand-alone, unattended server-side processes at
any point in time on the server. This includes any and all daemons,
such as IRCD.
Run an account on any shared or reseller server as a
file store for content not related to the operation and delivery of
their web applications or that may breach the Codepode AUP.
Run any type of indexing software on any shared or
Run any software that interfaces with an IRC (Internet
Relay Chat) network.
Run any type of bit torrent application or tracker or
participate in any illegal file-sharing activities.
Run cron tasks on a shared or reseller server with
intervals of less than 5 minutes.
Run excessively large SQL databases. Databases with an
excessive number of MySQL tables (in excess of 1000) or of a size
greater than 1GB can negatively affect the performance of the server
and are strictly forbidden.
Run any SQL queries longer than 15 seconds on the
servers. MySQL tables should be indexed appropriately and regularly
maintained to ensure individual tables do not contain an excessive
number of rows.
Store multiple backups of a hosting service on any part
of the server. Backup archives created by a server’s backup tools
are designed to be downloaded off the server for maintaining off-site
backups. Making backups that contain other backup archives can cause
heavy load on the storage arrays and is strictly forbidden. Any
hosting services found to have multiple backups on the server may
have them removed without prior notification.
Bandwidth / Data Transfer Monitoring – Bandwidth /
Data Transfer is monitored in a variety of ways across our range of
services as outlined below:
Dedicated hosting plans that include “Unlimited”
bandwidth are only monitored for high usage. This is done to ensure
services using large amounts of bandwidth are doing so in accordance
with our Terms of Service.
All bandwidth is monitored on a calendar month cycle
and may not correspond to the exact billing cycle of the service.
Customer alerts are sent to the registered contact
email address on file prior to any fixed bandwidth quota being
reached. It is the customer’s responsibility to contact Codepode to
apply a suitable upgrade or add-on for the affected service to cover
any extra usage beyond the fixed plan quota.
For Personal and Business hosting plans with fixed
bandwidth quotas, exceeding the assigned quota will result in overage
charges being applied. To avoid the higher overage charges, the
service needs to be upgraded to the next plan that provides
sufficient bandwidth to meet the customer’s requirements.
For Reseller hosting plans with fixed bandwidth quotas,
exceeding the assigned quota will result in the Reseller service and
all sub accounts being suspended until the plan is upgraded with
additional bandwidth. to purchase additional bandwidth, the service
needs to be upgraded to the next plan that provides sufficient
bandwidth to meet the Reseller’s requirements.
For VPS plans with fixed bandwidth quotas, exceeding
the assigned quota will result in overage charges. To avoid the
higher overage charges, the service needs to be upgraded to the next
plan that provides sufficient bandwidth to meet the service’s
For Dedicated and Virtual Dedicated Server plans with
fixed bandwidth quotas, exceeding the assigned quota will result in
overage charges. To avoid the higher overage charges and purchase
additional bandwidth at a significantly cheaper rate, additional
fixed blocks of bandwidth can be purchased on a one off or ongoing
monthly basis. A number of unmetered bandwidth options are also
available for all Dedicated and Virtual Dedicated services.
Bandwidth Abuse – Codepode reserves the right to
shape, suspend, or terminate the service of any customer that is
causing issues or performance problems for other customers on the
Codepode network. Codepode reserves the right in a situation where a
customers traffic is causing non-viable costs to its business to
either charge the customer at a rate that is viable (change
plan/rate) or suspend/terminate the service.
Gaming Servers – Codepode does not allow gaming
servers on any part of our network. Services that are found to be in
breach of this clause face immediate suspension at Codepode’s
THIRD PARTY TOOLS, APPLICATIONS AND LICENSES
Third Party Applications and Licenses – Codepode may
provide access to additional third party software and/or services
(“Third Party Products “) through reseller or other commercial
agreements Codepode has established with certain vendors (“Third
Party Vendors”). Unless otherwise stated, The Customer understands
that product support for Third Party Products is provided by Codepode
and not by the Third Party Vendor. Neither Codepode nor any Third
Party Vendor makes any representations or warranties, express or
implied, regarding any Third Party Products. The Customer expressly
acknowledges and agrees that use of Third Party Products is at The
Customer’s sole risk and such third party products are provided “as
is” and without representation or warranty of any kind from
Codepode or any Third Party Vendor, including without limitation, any
implied warranty of merchantability, fitness for a particular
purpose, accuracy or completeness of responses or results,
correspondence to description, or non-infringement of third party
rights. To the maximum extent permitted by applicable law, neither
Codepode nor any third party vendor will be legally responsible for
any damages, whether direct, indirect, or consequential, arising from
the use or inability to use any third party product. The Customer
agrees to observe the terms of any license and/or applicable end user
subscriber agreement for Third Party Products and The Customer shall
be fully liable to Third Party Vendors and/or Codepode with respect
to any improper use of such Third Party Products or violation of
license agreements with them and/or applicable end user subscriber
Feature Availability – Codepode provides no
guarantees that any or all of the features available within a Third
Party Product will be supported or made available to The Customer. It
is at the sole discretion of Codepode to determine which features are
enabled and whether Codepode will provide support for the use of
ADDITIONAL LEGAL INFORMATION
Disclosure to Local Police
– Codepode’s Acceptable Use Policy (“AUP”)
specifically prohibits the use of our service for illegal activities
and The Customer agrees that Codepode may disclose any and all
customer information including assigned IP numbers, account history,
account use, etc. to any law enforcement agent who makes a written
request without further consent or notification to the The Customer.
Codepode reserves the right to immediately terminate any hosting
service found to be hosting content and performing activities of an
System and Network Security – Users are prohibited
from violating or attempting to violate the security of the Codepode
Network. Violations of system or network security may result in civil
or criminal liability. Codepode will investigate occurrences which
may involve such violations and may involve, and cooperate with, law
enforcement authorities in prosecuting Users who are involved in such
violations. These violations include without limitation:
data not intended for such User or logging into a server or account,
which such User is not authorised
to probe, scan or test the vulnerability of a system or network or to
breach security or authentication measures without proper
to interfere with service to any user, host or network, including,
without limitation, via means of overloading, “flooding”, “mail
bombing” or “crashing”.
any TCP/IP packet header or any part of the header information in any
e-mail or newsgroup posting.
any action in order to obtain services to which such User is not
Disclaimer – Whilst every effort is made to ensure
the information provided on the Codepode website and by Codepode
staff is accurate and free from errors, Codepode provides no
warranties, either express or implied, including but not limited to
the service’s fitness for a particular purpose, except where to not
offer any such warranties would be deemed unlawful as defined by the
Trade Practices Act 1974(Cth).
Limitation of Liability – Codepode provides no
guarantees that any hosting or additional service provided will be
free from errors or interruptions. Codepode will not accept liability
for any costs or losses incurred by The Customer that result from:
the use of or inability to use any Codepode service;
any errors, mistakes, omissions, interruptions,
defects, or delays in operation or delivery;
unauthorised access to Codepode’s data or
the suspension or termination of services due to
breaches of the AUP.
the suspension or termination of services due to
obligations under law
Indemnification – The customer agrees to indemnify
Codepode from any and all demands, liabilities, losses, costs and
claims, including reasonable legal fees asserted against Codepode,
that may arise or result from the use of any hosting service
Modification to these Terms –
Codepode reserves the right to amend, update or change these terms of
service without prior notification. Where changes are made that may
impact The Customer’s use of a Codepode service, The Customer will
be advised by email using the primary email contact details within an
account and the continuance in operation by The Customer of any
hosting or additional services will constitute an acceptance of these
Terms of Service.