Terms of Service
Last updated: December 2017
This Agreement represents the complete agreement and understanding between Nimbus2 Pty Ltd ABN 56 150 408 085 trading as “ServerMule” and our customers, resellers and other users (each, a “Customer”).
By using these services, Customer agrees to be bound by the terms and conditions; Customer agrees to indemnify and hold harmless ServerMule from any loss, liability, claim, damage and expense arising from or related to Customer’s content or use of any services provided by ServerMule. If Customer is not satisfied with these terms and conditions then Customer must discontinue use of our hosting services.
ServerMule may revise these terms and conditions from time to time by posting a new version of this document on our website. Any new version of these terms will be effective within 30 days of posting. As such, users should consult this document on a regular basis to ensure that they are familiar with the most recent version.
ServerMule requires that all agreements be signed and all payments thereunder be made by a person who is qualified to contract. Accordingly, subscribers must be over the age of eighteen (18) years. ServerMule cannot enter into contracts nor accept payments from persons who are not at least 18 years of age.
ServerMule expressly disclaims all warranties of any kind, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. No advice or information, whether oral or written, obtained by Customer from ServerMule, its employees or associates or through their respective websites shall create any warranty not expressly stated in these terms and conditions.
ServerMule does not tolerate SPAM. If Customer uses spam, unsolicited emails or message board posting, or any other similar method to promote anything , then we reserve the right to immediately suspend Customer’s access to our services.
ServerMule reserves the right to take action, including legal or suspension of or termination of a service, against a customer who interferes with the rights of another user online, or attempts to interfere with the smooth running of the internet or ServerMule’s services.
Customer specifically agrees not to use ServerMule’s service in any manner that is or may be construed as illegal, libelous, or in violation of any policy of ServerMule or in breach of any of the terms and conditions of this Agreement. Transmission or publication of any information, data or material in violation of any federal or state/provincial regulation or law is prohibited. This includes, but is not limited to, material protected by copyright, trade mark, trade secret, patent, statutory common law, other statute, or proprietary interest of others, or material that contains anything libelous, or any threatening or obscene material. ServerMule reserves the right to remove any and all materials which, in ServerMule’s determination, infringe these restrictions. Such materials will be removed at any time without notice upon ServerMule receiving a complaint and or notice of copyright infringement.
Customer is solely responsible for securing Customer’s password and other access details. Customer is solely responsible for changing Customer’s password as required to assure secure access to Customer’s account. Customer is responsible for any misuse of Services, even if the misuse was committed by a friend, family member, guest, employee or customer with access to Customer’s Account or Services, regardless of whether it was with or without Customer’s consent.
ServerMule reserves the right to refuse or discontinue service to anyone at our sole discretion upon 30 days written notice. Customer’s access to all or part of our services may be denied without notice if ServerMule believes such action is warranted.
Unless Customer selects the ‘unmanaged’ option for a specific server, ServerMule will require Administrator access to all servers in order to carry out our security, licensing and management functionalities. If Customer disables or otherwise blocks this access, they are no longer eligible for server management.
Customer understands that no intellectual property rights are assigned to Customer in the use of a service provided by ServerMule unless otherwise specifically contracted.
Likewise none of Customer’s intellectual property rights are assigned to ServerMule via the use of a service provided by ServerMule unless otherwise specifically contracted.
The Account cannot be transferred, sold or assigned to any third party or used by anyone other than Customer. Customer may not sell, lease, rent or assign the connection or parts of the connection to any party not named in this Agreement.
Customer will be invoiced monthly in advance for all Cloud Server services.
All invoices must be paid within 14 days. ServerMule will suspend services of customers who fail to pay invoices within 14 days of issue. A $55 administration fee will apply to any services that require unsuspension.
Deposits or pre-payments for services are binding, refunds can only be requested if ServerMule fails to provide the agreed service. It is the responsibility of the Customer to ensure the services ordered fit the Customer needs.
ServerMule provides Customer with access to information and communications technology resources. Customer warrants that they have the knowledge and expertise necessary to configure, maintain, and secure their server. Unless Customer selects a management plan, ServerMule’s responsibility is limited to providing access to resources contracted by the customer and through online control panel and shell access. ServerMule takes no responsibility whatsoever in regards to the performance or function of the software within each server instance, even if it is pre-installed by us.
ServerMule guarantees that the VPS and Network service will be available 99.9% of the month. If the availability of your VPS falls below 99.9% you are eligible for 5% of your monthly fee for each additional 30 minutes of downtime. Service unavailability due to planned maintenance works is excluded from this guarantee. To request a credit under our uptime guarantee a support ticket must be raised at the time of the outage. Credit requests must be made within 30 days of the outage. Credits will be limited to a maximum of 50% of the servers monthly cost or for annual services the pro rata monthly equivalent.
Customer acknowledge that if Customer does not wish to continue with the service, it is Customer’s responsibility to request cancellation of the service. Cancellation requests must be made via the ServerMule Console at least 24 hours before the required cancellation date.