Last updated: 15-AUG-2018

The following Terms of Service (“ToS”, “Terms” or “Agreement”) apply to your use of our website and all Services, features and/or content provided by au.QuantumHosting.Cloud - Quantum Hosting Australia 🐨 (“au.QuantumHosting.Cloud - Quantum Hosting Australia 🐨”, “us”, “we”, or “our” ). “au.QuantumHosting.Cloud - Quantum Hosting Australia 🐨” is the trade name of Quantum Hosting Support Unlimited, with registered address: Unit 160, Moat House, 54 Bloomfield Avenue, Belfast, BT5 5AD, Northern Ireland, United Kingdom; and with company number: NI654513. By purchasing one or more Services advertised by us, you declare that you have read, understood and agree to be bound by these ToS. The latest version of our ToS is always available our website. It is essential that you read these ToS prior to purchasing any Services.

A) Account Terms

1. You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Service.
2. To access and use the Services, you must register for an account (“Account”) by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required.
3. We may reject your application for an Account, or cancel an existing Account or Service, for any reason, in our sole discretion. In such case you will receive a 7 days notice.
4. You acknowledge that your email address will be the primary method for communication.
5. You are responsible for keeping your password secure.
6. You are responsible for all activity and content such as photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account (“Materials”).
7. You grant us the right to access your data for any support or optimisation.
8. We act as an Agent and as such you acknowledge that the Services may be rendered and invoiced by third parties.
9. You acknowledged having read the entire ToS.

B) Account Activation

1. The person signing up for the Service will be the contracting party (“Account Owner”) for the purposes of our Terms of Service and will be the person who is authorised to use any corresponding account we may provide to the Account Owner in connection with the Service.
2. If you are signing up for the Service on behalf of your employer, your employer shall be the Account Owner. If you are signing up for the Service on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to our Terms of Service.
3. Upon completion of sign up for the Service, an account will be created using your email address.
4. Depending on your payment method: Recurring Payments profile may also be created.

C) Your obligations

1. The person signing up for the Service will be the contracting party (“Account Owner”) for the purposes of our Terms of Service. By using any service advertised by us and its affiliates you agree that:
2. You acknowledge that PayPal Express Checkout and/or any other Payments Processor will be your default payments gateway(s) and that it is your sole responsibility as the Account Owner to update your payment information;
3. You will not violate any applicable local, state, national or international law, including, but not limited to, regulations, ordinances, rules or any requirements of any applicable national or local authorities/regulator;
4. You will treat our staff with respect;

D) Our obligations

1. We work to provide you the best support to your uttermost satisfaction.
2. We treat you politely, professionally, and with fairness.
3. We will always backup your data to another remote server.
4. We will always migrate your data completely (including emails).
5. We will never retain or confiscate your data or domain(s).
6. We may suspend access to a compromised account (including but not limited to Customer Account, hosting service, user accounts, website, FTP service, Email service), however we will always notify you if such actions are taken against your hosting account.
7. We will always notify you if we have accessed your data.
8. Our support includes (in some cases) examining the software layer (code) and might require extra billable work.
9. We will always give you a quote if extra billable work is required, and will not proceed without your consent.
10. We will set out performance you can expect from us in the Service Level Agreement: which you can see prior to purchasing a Service; and we will offer you compensation if it cannot be met (see Service Level Agreement below).
11. We will notify you if you are using too much resources and need to switch to a different service.
12. We will notify you if we change our ToS.
13. We will keep the previous versions of the ToS you have agreed to.

E) Service Level Agreement for Shared Hosting

1. To the maximum extent applicable under national law and without affecting your rights as a Consumer, this Service Level Agreement (“SLA”) is your sole and exclusive remedy for downtime, or any network, software, or Cloud failure.
2. We guarantee a network uptime of 99% on an annual basis for the first tier.
3. We guarantee a network uptime of 99.9% on an annual basis for the second and third tier.
4. If we fall below the guaranteed network uptime, we will compensate you as follows:
5. One additional month of free hosting for every 1% of uptime lost below the uptime level.
6. You may contact our customer service team if you believe an SLA event has occurred. Compensation is limited to the length of your current Term, but cannot exceed twelve months.
7. The following events do not count towards our calculation of uptime:
8. Scheduled maintenance;
9. Downtime caused by DNS and/or IP address changes for which you have been notified, but you failed to set your configuration;
10. Distributed denial of service (DDoS) attacks, hacker attacks, and other similar events;
11. Downtime caused by you, your own configuration, or third-party applications you use;
12. Downtime caused when you reach the maximum resources allocation for your plan;
13. Downtime caused by your violation of these ToS or any other policy announced on our website;
14. Downtime during upgrade/downgrade of the Cloud instances;
15. Downtime during processing of your technical support request(s);
16. Force majeure or any event beyond our control.
17. 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 compensation under this SLA.

F) Activities, Engine & Content restrictions for Shared Hosting

1. You will not use a Magento engine on any Shared Hosting server;
2. You will not transmit any unsolicited commercial or bulk email;
3. You will not engage in any spamming or Mail Bombing activities;
4. All your outgoing email messages containing advertising will include an automated opt out;
5. You will not make any inappropriate communication to any Newsgroup, Mailing List, Chat Facility, or another Internet Forum;
6. You will not make, attempt or allow any unauthorized access to our and/or third-party website(s), server(s), or hosting accounts and/or services;
7. You will not allow any remote code execution of malicious software;
8. You will not cause denial of service attacks, port scans or other endangering and invasive procedures against au.quantumhosting.cloud servers and facilities or the servers and facilities of other network hosts or Internet users;
9. You will not forge the signature or other identifying mark or code of any other person or engage in any activity (including "spoofing") to attempt to deceive other persons regarding the true identity of the User (excluding the use of anonymous remailers or Internet nicknames);
10. You will not display, store, distribute or otherwise make available any content or material that you are not authorized to, whether because prohibited by law, agreement or other reason. This includes but is not limited to copyrighted music, video, photos, designs, files, copyrighted software, personally identifiable or protected confidential information, trade secrets, etc.;
11. You may host websites related to high-risk activities where the interruption or malfunction of the Services could lead to serious consequences, including but not limited to personal injury, death, environmental damage, etc only after receipt of our explicit consent. For such websites, you must receive confirmation from us that you can use the Services before submitting your order. Examples of high risk activities include but are not limited to nuclear facilities, air traffic control, life and health support, etc.
12. You will not impersonate any person or entity;
13. You will not harm or seek to harm minors in any way;
14. You will not host or operate an audio and/or video streaming service;
15. You will not host websites that make use of cryptopools/contain mining scripts, promote cryptocurrency money-making schemes, are crypto exchange and crypto airdrop sites;
16. You will not host any website, content, links or advertisements of websites that:
17. infringe any copyright, trademark, patent, trade secret, or other proprietary rights of any party;
18. profess hatred for particular social, ethnical, religious or other group;
19. contain viruses, Trojan horses, worms, time bombs, ransomware, spyware, adware, scareware, corrupted files, or any other malicious software or programs that may interrupt, limit the functionality or destroy any software, hardware or equipment;
20. contain Illegal or Hacking/Phreaking Software (Warez);
21. contain any software that is copyrighted and not freely available for distribution without cost (this includes, but is not limited to ROMs, ROM Emulators and MP3 files);
22. contain any kind of proxy server or other traffic relaying programs;
23. promote Money Making Schemes, Multi-level Marketing or similar activities;
24. contain Torrent trackers, Torrent Portals or similar software;
25. are used to operate and contain peer-to-peer network systems and file sharing systems;
26. are with adult content, pornographic, obscene, unlawfully harassing, or connected with child abuse or sex-related merchandising;
27. contain personal data, private information, images, photos, videos and any other identifying information or material of any third party, including children without their consent (or a parent's consent in the case of a minor);
28. advertise, encourage or give any kind of support to the use and/or sale of drugs and any related substances without permission by the government or other authority;
29. contain any data, material that is unlawful, abusive, threatening, harassing, or defamatory;
30. contain fake news, misleading, untruthful or inaccurate information;
31. promote, encourage or give any kind of support to violence and terrorism.
32. Examples of unacceptable content, data, materials, websites on all servers include but are not limited to:
33. IRC Bots, Proxy Scripts, Warez, image, filedump, mirror, or banner-ad services (similar to rapidshare, photobucket, or commercial banner ad rotation), topsites, commercial audio streaming, Escrow, High-Yield Interest Programs (HYIP) or related sites, Investment sites, sale of any controlled substances without providing proof of appropriate permit(s) in advance, AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, muds / rpg's, hate sites, hacking focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts.
34. Forum sites and or any other websites that distribute or link to warez content are strictly prohibited as well.
35. Any material that in our reasonable opinion is either obscene or threatening is strictly prohibited and will be removed from our servers.
36. You also agree not to engage in or to instigate actions that cause harm to au.quantumhosting.cloud, other au.quantumhosting.cloud customers or any third party. Such actions include, but are not limited to, actions resulting in blacklisting any au.quantumhosting.cloud IPs by any online spam or IP reputation database, actions resulting in DOS attacks for any server, etc.
37. You are solely responsible for ensuring that all programs and scripts installed or used on the Services are secure and the permissions of directories and files are set properly. We recommend that you set the permissions on all directories and files to be as restrictive as possible. You are solely responsible for any actions and activity while using the Services, including any compromise of login credentials.
38. You agree to keep all your login credentials secure at any time. We reserve the right to carry out audits to determine the security level of login credentials. In the event that we determine your login credentials have been compromised (e.g. were brute-forced, hijacked, stolen, etc.) and are being used or were used for uploading, maintaining, running unacceptable content, data materials or websites.

G) Money Back Guarantee Policy for Shared Hosting

1. If you no longer need a Service you have purchased or are unsatisfied with its performance, you can cancel it at any time through your Client Area.
2. Our Money Back Guarantee Policy covers both: initial and renewal orders for Shared Hosting Services and Reseller Hosting Services.
3. VPS, Cloud servers, software licensing fees, domains, paid support and Services that are tailor-made to you: are NOT covered by the Money Back Guarantee Policy.
4. We will issue a full refund on the pre-paid fees, if cancellation is requested within 30 days from the date a Service is activated or from the date on which we receive payment for renewal, provided that the renewal Term has not started.
5. If a cancellation is requested within 30 days from the date on which we receive payment for renewal and the renewal Term has already started, we will refund the paid renewal in full minus the pro-rata usage in days.
6. Refunds are processed within ten (10) business days after a Service is cancelled.

H) Limitation of Liability

1. We will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
2. We shall not bear any liability if your use of the Services violates any law or regulation.
3. We shall not provide legal advice referring to compliance of content and materials uploaded on or transmitted through our Services. You shall be solely responsible for verifying whether your content and materials comply with any applicable law, including laws in jurisdictions where your content and/or materials are uploaded, hosted or accessed.
4. We shall not be liable for any loss or damage arising from our measures taken against actions causing harm to us other customers or any third party.
5. To the maximum extent permitted by applicable law, and without affecting your rights as a Consumer, you agree that you will not under any circumstances, including negligence, hold us, its officers, directors, employees, licensors, agents, subcontractors and/or third party service providers liable for any direct or indirect damages of any nature and type suffered by the Customer of third parties, including, but not limited to, damages for loss of profits, cost savings, revenue, business, data or use, or any other pecuniary loss that may result from: delays, malfunctions, suspension and any other interruption in the provision of the Service(s) due to events beyond our reasonable control (for example: force majeure, third party conduct/acts, including any licensors and suppliers, faults and malfunctions of the machines, software and other equipment, whether owned by us or our licensors/suppliers; acts and/or omissions made by Customers and in contrast with the obligations undertaken under these ToS); data loss due to hardware or software failure; any information, data, content in or accessed through the Services; any action, information or instruction provided as part of our technical support Services; your use of the Service(s).
6. You agree that the foregoing limitations apply whether based on warranty, contract or tort or any other legal theory and apply even if we have been advised of the possibility of such damages.
7. In no event, we will be liable to you in the aggregate with respect to any and all breaches, defaults, or claims of liability under these ToS or under any other agreement or document for an amount greater than the fees actually paid by you to us for the respective Service(s) during the twelve month period preceding a claim giving rise to such liability.
8. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. You agree that in those jurisdictions, our liability will be limited to the extent permitted by law and your rights as a Consumer will not be affected.

I) Intellectual Property Rights

1. Except with our express prior written consent, you acknowledge and agree not to modify, copy, reproduce, download, transmit, distribute, sell, license, publish, broadcast, create derivative works, or store: any trademarks, product names, services, software, script, source code, content, photos, graphics, videos on our website, logos or slogans used by us.
2. You are free to mention or link back to us:
   Hosted by <a href="https://au.quantumhosting.cloud">au.QuantumHosting.Cloud - Quantum Hosting Australia 🐨</a>

J) Dispute Resolution, Jurisdiction, Choice of Law

1. In the event of any dispute, controversy or claim arising out of or related to this Agreement, you shall use reasonable effort to settle such disputes or differences. To this effect, we shall consult and negotiate each other with the aim to reach a solution satisfactory to each Party.
2. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms.
3. The course of action depends where you are located:
4. IF you are consumer (private individual):
       - in the EU or the EEA (including the UK): any dispute may be lodged on the ODR (Online Dispute Resolution) of the EU Commission. Or you could use Click2Resolve from Promediate (UK) Ltd directly (£5 plus VAT per dispute, up to a claimed amount of £250).
       - outside the EEA: any dispute shall go through Click2Resolve from Promediate (UK) Ltd (£5 plus VAT per dispute, up to a claimed amount of £250).
5. IF you are a business: any dispute should go through the Business to Business Dispute Resolution Service from Promediate (UK) Ltd which costs £25 plus VAT to set-up, then £50 plus VAT per hour once we start the mediation.
6. In all cases: litigation and issues concerning the construction, interpretation and performance of these ToS shall be governed by the substantive laws and courts of Northern Ireland, United Kingdom.