SUMMARY: By using Network Dynamics, you agree to follow our rules: pay for services upfront, keep your account secure, and use our services legally. We strive for 99.9% uptime but aren't responsible for downtime due to maintenance or external factors. You can cancel services from within the client area, but we may suspend or terminate your account for non-payment or breaking the rules. We aren't liable for indirect damages or data loss, and refunds follow our policies. These terms may change, and using our services means you accept the latest version. If you have questions, reach out to support@networkdynamics.com.
Welcome to Network Dynamics! By using our services, you agree to comply with and be bound by the following Terms of Service. Please read them carefully. If you do not agree with these terms, you may not use our services.
1. Definitions
"Network Dynamics" refers to Network Dynamics Pty Ltd, the provider of the hosting services.
"Customer" or "You" refers to any individual or entity using Network Dynamics services.
"Services" refers to any hosting, domain registration, email services, or related offerings provided by Network Dynamics.
2. Use of Services
2.1 Eligibility: You must be at least 18 years old to use our services. By signing up, you confirm that all information you provide is accurate and complete.
2.2 Account Security: You are responsible for maintaining the confidentiality of your account credentials. Any activity under your account is your responsibility.
2.3 Permitted Use: Our services may only be used for lawful purposes. You agree to abide by our Acceptable Use Policy (AUP), incorporated herein by reference.
3. Payments and Fees
3.1 Billing: Services are billed on a recurring basis (monthly, annually, or otherwise as agreed). Payment must be made in advance.
3.2 Refunds: Refunds are only provided in accordance with our Billing & Refund Policy.
3.3 Late Payments: Accounts with overdue invoices may be suspended or terminated at Network Dynamics's discretion, in accordance with our Billing & Refund Policy.
4. Service Availability
4.1 Uptime Commitment: Network Dynamics strives to provide a minimum of 99.9% uptime. However, we are not liable for downtime due to maintenance, force majeure, or third-party failures.
4.2 Support: Technical support is available via email or phone during our published support hours.
5. Termination of Services
5.1 By Customer: You may terminate services by initiating cancellation via the client area on each active service you wish to cancel, prior to your next billing cycle.
5.2 By Network Dynamics: We reserve the right to terminate services immediately if:
- You breach these Terms or our Acceptable Use Policy.
- Non-payment of invoices.
- Engaging in activities harmful to Network Dynamics or other customers.
5.3 Data Responsibility: Upon termination, it is your responsibility to back up your data. Network Dynamics is not liable for data loss post-termination.
5.4 Service Restoration: If you wish to restore a service or any data contained within a cancelled or terminated service, we may be able to assist, subject to data availability and a $99 data recovery service fee. Please note that data restoration is not guaranteed and depends on factors such as backup retention policies and the time elapsed since termination.
6. Limitation of Liability
Network Dynamics is not liable for indirect, incidental, or consequential damages arising from the use of our services, including but not limited to data loss, lost profits, or business interruption.
7. Indemnification
You agree to indemnify and hold Network Dynamics harmless against any claims, damages, or legal fees arising from your use of our services or breach of these Terms.
8. Amendments
Network Dynamics reserves the right to modify these Terms at any time. Changes will be effective upon posting to our website. Continued use of services constitutes acceptance.
9. Governing Law
These Terms are governed by the laws of Victoria, and disputes shall be resolved in the courts of Victoria.
10. Contact Information
For questions about these Terms, please contact us at:
- Email: support@networkdynamics.com
- Phone: 1300 974 678
- Address: Network Dynamics Pty Ltd, PO Box 98, Kew East, VIC 3102, Australia