Hosting and Email service –
shared, reseller, or dedicated service used to store and deliver web
Additional services –
product or service that is considered an “add-on” to a primary
hosting service, or which covers one off charges for additional work
carried out by a Codepode staff member for a fee.
Resource usage –
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,
term (monthly, quarterly, annually) applicable to the purchased
Members Portal –
account management interface for managing the billing aspects of
hosting or additional services purchased including invoices, contact
information, and domain registrations.
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 –
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 –
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 following:
Third Party Products –
supplied by Codepode where Codepode acts as a reseller for another
provider (e.g. domain registrations, SSL certificates, third party
product licenses) are provided as non-refundable products and refunds
cannot be provided once the product has been activated on an account.
Advanced Administration Time –
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 –
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 add-ons page.
Invoices and Statements –
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.
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 –
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 –
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 cancellation.
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 –
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 –
does not charge a cancellation fee and does not refund prepaid fees
except where the Money Back Guarantee is applicable.
No Access to Account –
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 –
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 completed.
Service Cancellation by 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 –
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 –
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
Maintaining Account Information –
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 –
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 –
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 or the ticket system.
Account Closure –
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 –
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 –
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
Domain Renewal –
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 –
provides 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 and
does not extend to diagnosing or fixing issues that relate to the
coding of a website or web application hosted within The Customer
Support to Customers –
provides direct support to The Customer with Dedicated
Codepode is happy to assist with most support issues that fall within
the scope of our support boundaries when contacted by The Customer.
Advanced Support –
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 –
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 –
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 conditions:
First violation –
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 –
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
Suspension of Service or Cancellation –
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 –
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 –
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
Resource Usage –
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 hosting service.
Resource Usage Abuse –
implements per account resource restrictions on all dedicated hosting
services which will vary from plan to plan. In addition to these,
customers must not:
50% or more of the allocated CPU resources for more than 60
stand-alone, unattended server-side processes at any point in time on
the server. This includes any and all daemons, such as IRCD.
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.
any type of indexing software on any shared or reseller server.
any software that interfaces with an IRC (Internet Relay Chat)
any type of bit torrent application or tracker or participate in any
illegal file-sharing activities.
cron tasks on a shared or reseller server with intervals of less than
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
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.
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 –
/ Data Transfer is monitored in a variety of ways across our range of
services as outlined below:
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
bandwidth is monitored on a calendar month cycle and may not
correspond to the exact billing cycle of the service.
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.
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.
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.
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 requirements.
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 –
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 –
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 absolute discretion.
THIRD PARTY TOOLS, APPLICATIONS AND LICENSES
Third Party Applications and Licenses –
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 –
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 enabled features.
ADDITIONAL LEGAL INFORMATION
Disclosure to Local
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 illegal nature.
System and Network Security –
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
data not intended for such User or logging into a server or account,
which such User is not authorised to access.
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
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 –
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:
use of or inability to use any Codepode service;
errors, mistakes, omissions, interruptions, defects, or delays in
operation or delivery;
access to Codepode’s data or services,
suspension or termination of services due to breaches of the AUP.
suspension or termination of services due to obligations under law
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 provided.
Modification to these Terms –
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.