(Updated upto 20th November, 2020)
This agreement ("Agreement") between BrosisHost, ("brosishost.com.au/brosishost.com") and Customer governs the provision of BrosisHost's web hosting and related services (the "Services"). This Agreement is effective once Customer signs up for Services through the BrosisHost website. By browsing, accessing, using, registering for or purchasing merchandise on this Site or otherwise using our Services, you are agreeing to all of the following terms and conditions, including any policies referred to herein (collectively, these "Terms"). So, please read these Terms carefully. We reserve the right to change this Site and these Terms at any time. If you are unwilling to be bound by these Terms, you should not browse, access, use, register for or purchase merchandise from the Site. You represent and warrant that you are at least 18 years old or visiting this Site under the supervision of a parent or guardian.
In all respects this Agreement shall be construed in accordance with the laws of the state of Victoria, applicable to contracts enforceable in that state.
Use of This Site
Subject to your compliance with these Terms, We grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal, non-commercial use of this Site.
This license grant does not include:
(a) any resale or commercial use of this Site or content therein;
(b) the collection and use of any product listings or descriptions;
(c) making derivative uses of this Site and its contents; or
(d) use of any data mining, robots, or similar data gathering and extraction methods on this Site.
You may not use, frame or utilize framing techniques to enclose any of Our trademark, logo, content or other proprietary information (including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page) without Our express written consent. Further, you may not use any meta tags or any other "hidden text" utilizing Our name, trademark, or product name without Our express written consent. Any breach of these Terms shall result in the immediate revocation of the license granted in this paragraph without notice to you. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the homepage of this Site so long as the link does not portray Us or Our products or services in a false, misleading, derogatory, or otherwise offensive matter. This limited right may be revoked at any time. You may not use any of Our logos or other proprietary graphics or trademarks as part of the link without express written permission.
In order to access some features of this Site, you may be required to register and We may assign to you, or you may be required to select, a password and user name or account identification. If you register, you agree to provide Us with accurate and complete registration information, and to inform us immediately of any updates or other changes to such information. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify Us of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with these Terms, and We have no obligation to investigate the authorization or source of any such access or use of this Site. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY SELECTED BY, OR ASSIGNED TO, YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.
When you use this Site, or send emails to Us, you are communicating with Us electronically. You consent to receive communications from Us electronically. We will communicate with you by e-mail or by posting notices on this Site or through our other services. You agree that all agreements, notices, disclosures and other communication that We provide to you electronically satisfy any legal requirements that such communications be in writing.
This Site may include features and functionality ("Interactive Features") that allows users to create, post, transmit or store any content, such as text, music, sound, photos, video, graphics or code on the Sites ("User Content"). User Content is publicly-viewable and may include your profile information and any content you post pursuant to your profile, but it does not include your account information or information you submit in order to make a purchase. You agree that you are solely responsible for your User Content and for your use of Interactive Features, and that your use any Interactive Features at your own risk. By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish or send through the Sites any of the following:
a) User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, abusive, inflammatory, fraudulent or otherwise objectionable;
b) User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or that would otherwise create liability or violate any local, state, national or international law;
c) User Content that displays, describes or encourages usage of any product We sell in a manner that could be offensive, inappropriate or harmful to Us or any user or consumer;
d) User Content that may impinge upon or violate the publicity, privacy or data protection rights of others, including pictures, videos, images or information about another individual where you have not obtained such individual's consent;
e) User Content that makes false or misleading statements, claims or depictions about a person, company, product or service;
f) User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
g) User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity; and Viruses, malware of any kind, corrupted data or other harmful, disruptive or destructive files or code.
Rights in User Content
Except as otherwise provided in these Terms, on this Site or in a separate agreement with Us, We claim no ownership or control over any User Content. However, by submitting or posting User Content on this Site, you grant to Us a nonexclusive, royalty-free, worldwide, perpetual, irrevocable, transferable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content on this Site and on third-party sites and mobile applications and in all other media or formats, whether currently known or hereafter developed, for any purpose and without any compensation to you. You also grant users of this Site the right to access your User Content in connection with their use of this Site. By posting User Content to this Site, you represent and warrant that (a) such User Content is non-confidential; (b) you own and control all of the rights, title and interest in and to the User Content or you otherwise have all necessary rights to post and use such User Content to this Site and to grant to Us the rights that you grant in these Terms; (c) the User Content is accurate and not misleading or harmful in any manner; and (d) the User Content, and your use and posting thereof in connection with this Site, do not and will not violate these Terms or any other of Our applicable terms, guidelines or policies or any applicable law, rule or regulation.
1) Any kind of Domains that we are currenty offering about 500+ extentions inclund .AU domain services.
2) Any shared, reseller, cloud, virtual, or dedicated service used to store and deliver web based content.
3) Any addons product or service connected to any hosting services or any charges for extra services carried out by any staff of BrosisHost.
4) Any storage and delivery of the the web based content within a hosting service but is not limited to disk space, Memory, CPU, Bandwidth.
We provide instant account activation for our services. If you require a custom setup we may need more time to deliver it from our vendor. Any account may take more time to be activated if it fails the initial verification. In that case, we will contact you with details and steps to complete the verification process.
Purchases on this Site
You agree that all of your transactions with or through this Site may, at Our option, be conducted electronically from start to finish. You are responsible to print or make an electronic a copy of these Terms and any other contract or disclosure that we are required to provide to you. We may charge sales tax for merchandise ordered on this Site based on the applicable state sales tax rate of the location.
We reserve the right to increase, decrease and add or eliminate charges from time to time and without prior notice, so you agree to check all charges before placing an order or signing up for a service.
By submitting your order, you represent and warrant that you are authorized to use the designated card or method and authorize us to charge your order (including taxes and any other amounts described on the Sites) to that card or other method.
We attempt to be as accurate as possible and eliminate errors on this Site; however, We do not warrant that any product, service, description, photograph, pricing or other information is accurate, complete, reliable, current or error-free. In the event of an error, whether on this Site, in an order confirmation, in processing an order, We reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. Your sole remedy in the event of such error is to cancel your order and obtain a refund.
All items are subject to availability and We reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue products or services without notice, even if you have already placed your order. All prices are subject to change without notice. We reserve the right to refuse or cancel any orders placed for products and/or services which the sale or use of such product and/or service in your state or jurisdiction is restricted or prohibited.
This Site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that We are not responsible for the operation of or content located on or through any such site.
You agree to pay for the Services on time and in advance for the billing cycle Services are provided for. Invoices are generated 7 days before the renew date of the Services. BrosisHost provides 7 days grace period after the renew date. If the invoice is not paid within the 7 days grace period BrosisHost will temporary suspend services until the invoice is paid in full. BrosisHost will terminate Services not paid in full 15 days after the Services have been suspended.
If you want your account to be re-activated after it has been terminated for non-payment you will need to pay all renewal invoices since the suspension. We will restore your data from backups but you will need to re-create manually any mysql usernames and privileges for each of your accounts. Such reactivation is only possible when we still keep a backup of your data on our backup servers.
Invoices that have been paid more than once because of multiple manual payments, cannot be refunded. They overpaid amount will be added as credit to your account which can be used to pay for future invoices.
BrosisHost accepts payments via Stripe payment gateway as well as Paypal using Debit/Credit Cards like VISA, MasterCard, Discover, Amex etc. Only valid debit/credit cards or other payment method acceptable to us may be used. If the card (or other method) cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically.
Customer agrees to keep his contact information and e-mail on file up to date at all times. We will use the e-mail on file to send notifications about generated invoices, due invoices, Services suspension, Services termination, new Services provisioned and any other related information. BrosisHost recommends using an external e-mail address so that the Customer can receive messages in case there are problems with the Services.
Cancellation requests need to be placed via the client dashboard by clicking on My services, then on Manage and then on the Request cancellation button. Cancellation requests sent via e-mail will not be considered legitimate and you will still be billed for the Services until a legitimate cancellation request is placed. Cancellation requests may take up to 7 days to be completed.
Domain names enter redemption period 30 days after the expiration date. The cost to recover and renew a domain name which is in redemption is vary from domain extension to extension.
Customer is responsible for the content uploaded to his account. Customer is responsible for the actions of his customers using accounts within our servers and network. In case BrosisHost's terms of service are violated, BrosisHost will suspend the account violating the terms and will notify the Customer via the e-mail on file.
BrosisHost will not be held responsible for any harm or damage caused by the use of our services. Customer agrees to use the Service in his own risk.
Money back guarantee
The money back guarantee is applicable for new purchase only. Existing clients do not qualify for our money back guarantee program if previously he/she had a same service.
You can request a refund if you place a cancellation request within the period of days covered by your service's money back guarantee. Different services have different money back guarantee terms, below you can see if your service is covered by our money back guarantee and under what terms:
30 days: All Hosting Plans except special Bundle plan, SSL certificates. Business and Enterprise Email, CodeGuard.
No money back guarantee: Domain registration/renewal or transfer, software licenses or custom software installs, Gsuit Email plan, Sitelock.
Please see product page for deatils of Money back Guarantee.
If the money back guarantee period has expired for your service, you are not eligible for a refund. Violation of the terms of service will waive the refund policy.
Content and prohibited actions
Customer agrees to use the Services for lawful purposes only. BrosisHost prohibits the following content on our servers and network.
a) Proxy Scripts
b) Starting background processes on shared servers
c) Warez, hacking tools, exploits
d) Sites promoting illegal activities
e) Hacker focused sites and any other activies which are prohited by law of .
Any account found to be in violation of another's copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting.
Restrictions on Rights to Use
You agree you shall not (and you agree not to allow any other individual or entity using your password and identification to):
1. download, modify, reproduce, adapt, translate, reverse engineer, create derivative works based upon, publicly display, sell, rent, license, or in any way commercially exploit any portion of this Site, except and to the extent expressly permitted under these Terms;
2. remove any copyright, trademark or other proprietary rights notice contained in or on the Site;
3. use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of this Site;
4. collect any information about other users (including usernames and/or email addresses) for any purpose other than to solicit and/or share reviews with other users;
5. reformat or frame any portion of any Web pages that are part of this Site;
6. create user accounts by automated means or under false or fraudulent pretenses;
7. create or transmit to other users unsolicited electronic communications, such as "spam," or otherwise interfere with other users' enjoyment of the Site;
8. submit to this Site any content that falsely states or implies that such content is sponsored or endorsed by us;
9. transmit or upload to this Site any item containing or embodying any virus, worm, defect, malware, Trojan horse, software bomb or other feature designed to damage or degrade in any manner the performance of this Site, any other Web site, or any computer or other device or system, or the enjoyment of this Site by any user;
10. use this Site to violate the security of or gain unauthorized access to any computer or computer network or other device or system (including unauthorized attempts to discover passwords or security encryption codes);
11. submit to this Site any content that is unlawful or facilitates, constitutes, promotes or encourages illegal activity; or otherwise use the Site to transfer or store illegal material, including any material deemed threatening or obscene;
12. copy or store any User Content offered on this Site other than for your personal, non-commercial use;
13. take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large data or traffic load on this Site or the IT infrastructure used to operate and make this Site available; or
14. use this Site and/ or any User Content, intentionally or unintentionally, to violate any applicable local, state, federal or international law.
We have no obligation to monitor any user conduct on this Site, and We reserve the right and have absolute discretion to monitor any user conduct on this Site at any time and for any reason without notice.
Separate and apart from User Content, you may have the ability to submit questions, comments suggestions, reviews, ideas, plans, designs, notes, proposals, drawings, original or creative materials and other information regarding this Site, Us and our products or services (collectively "Feedback"). You agree that Feedback is non-confidential and shall become Our sole property. We shall own exclusive rights, including all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of the Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
BrosisHost does free transfers of accounts you want moved to our servers from providers which use cPanel. We do not guarantee the quality of such transfers and you must verify if your account was moved correctly before you change the nameservers. If something is wrong with the account after the move and it wasn't moved correctly it is your responsibility to fix it. In 99% of the transfers there are no problems but we do not guarantee that. We do transfer just because of courtesy to our clients.
Zero tolerance SPAM policy
We have a zero tolerance against SPAM. Accounts used to send SPAM will be suspended immediately. If the SPAM sending is repeated the account will be removed from our server. We do not allow bulk mailing from our shared servers. BrosisHost offers a separate service if you need to send thousands of e-mails.
If your server had downtime, we will issue a refund. Please issue a ticket. Please note that scheduled downtime is not counted as ‘real downtime' and you will not get a refund for it. In order to get a refund, you will need to open a ticket with our billing department and claim the downtime by including logs and other details you feel relevant. The credit will be applied to your account within 7 days after your claim is approved.
You may terminate the Terms at any time by closing your account, discontinuing your use of this Site and providing Us with a notice of termination. We reserve the right, without notice and in our sole discretion, to terminate your right to use this Site, or any portion of this Site, and to block or prevent your future access to and use of this Site or any portion of this Site.
Except as expressly provided, this Site, including all Site Content, and services provided on or in connection with this Site are provided on an "AS IS" and "WITH ALL FAULTS" basis without representations, warranties or conditions of any kind, either express or implied. WE DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS AND DUTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES, DUTIES OR CONDITIONS: (A) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, RESULTS, TITLE, AND NON-INFRINGEMENT; AND (B) CREATED BY TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. We does not represent or warrant that this Site is accurate, complete, reliable, current or error-free. We do not represent or warrant that this Site or our servers are free of viruses or other harmful components.
Exclusivity of Remedy; Limitation of Liability
Your sole and exclusive remedy, and Our sole and exclusive liability, for any breach of warranty shall be your right to return the product, or receive a refund for the service under Our applicable returns and exchanges policies. IN NO EVENT SHALL THE WE OR OUR RELATED PARTIES, BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR LOSS OF BUSINESS, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL OUR AND OUR RELATED PARTIES' AGGREGATE LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE PURCHASE OR USE OF ANY PRODUCTS OR SERVICES PURCHASED THROUGH THIS SITE EXCEED THE PURCHASE PRICE OF THE PRODUCT OR SERVICE. THE LIMITATIONS SET FORTH IN THIS PARAGRAPH WILL NOT LIMIT OR EXCLUDE OUR OR OUR RELATED PARTIES' GROSS NEGLIGENCE, FRAUD, INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT.
Modifications to Site
We reserve the right to modify or discontinue, temporarily or permanently, this Site or any features or portions thereof without prior notice.
No agency, partnership, joint venture, or employment relationship is created as a result of these Terms, and you do not have any authority of any kind to bind Us in any respect whatsoever. We may provide you with notices, including those regarding changes to these Terms, by email, regular mail, or postings on this Site. These Terms, which shall be deemed accepted by you upon your use of the Site, constitute the entire agreement among you and Us regarding use of this Site. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of the enforcement of such right or provision. If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable. These Terms are not assignable, transferable or sublicensable by you, except with our prior written consent.