Terms & Conditions

Our Agreement

The Customer signified acceptance of our Terms & Conditions, as well as our Privacy Policy upon submission of their service application to VersTech and that order was approved.

The customer fully acknowledges that they are in full, responsible for ensuring that any number of or all of their services are in full compliance with this policy, and that they are solely responsible for the files and applications that have been uploaded and executed and also maintain the responsibility of ensuring they are free of any malicious intent.

Communications

The Customer agrees to receive communication via email or text directly relating to the service(s) provided, as well as marketing and promotional emails and/or SMS messages from VersTech to the email address and/or telephone number registered to their account.

Some communication cannot be void, but users can unsubscribe from marketing and promotional emails and/or SMS messages only.

The customer may opt-in to receive notifications regarding the status of our systems in relation to their service(s).
This option may be modified at any time by the customer in their personal Admin Area and may opt for a combination or individual communications via SMS or email.

Customers may receive communications via SMS or email regarding the status of their account and service-specific information. Some of these communications may be mandatory and are required to be sent to you. If you do not want these communications, you must cancel your account as per the below reason.
Some of these notifications might be security related or necessary for other sensitive information regarding your account, and are required to be forwarded to you via the details we have on hand.

Service Availability

Availability of Services While VersTech will strive to provide continuous availability and up time of all service(s) to the Customer, VersTech will not be liable for any service interruptions or downtime that is not covered by a Service Level Agreement (where applicable).

Scheduled maintenance and downtime will be performed at a non-intrusive time by VersTech and endeavour to keep your data online.

If in the occasion that any of our services are offline for greater than sixty (60) minutes, VersTech will post and communicate with affected customers at least 2 days prior to this period of downtime.

Unscheduled maintenance will be performed as required by VersTech, and should any service(s) be offline for greater than sixty (60) minutes, VersTech will post thorough details of the maintenance and any updates until the works have been completed. Details will be communicated to affected customers.

Customer Account Obligations

The customer pinkie promises that any information supplied to VersTech is true and correct and will be kept current and up to date via their Personal Account area.

The customer has taken great measures to ensure that they will keep all passwords and sensitive information in a secure location and this information is not shared with any other party or external parties.

The customer acknowledges that at the time of entering into this agreement they are not relying on any representation or information not found in this document, made by VersTech and any related affliates, staff or agents; which has not been expressly stated in the Privacy Policy, Terms & Conditions or other relevant documentation.

The customer agrees that they are in whole, completely responsible for dealing with cases of unauthorised third parties accessing their account and/or service(s). Please refer any unauthorised access or data breaches to the Police or Australian Federal Police.

VersTech General Warranties

VersTech Australia shall not be liable to the customer for harm caused by or related to the customer’s service(s) or inability to utilise the Service(s) unless caused by gross negligence or wilful misconduct.

VersTech shall not be liable to the customer for lost profits, direct or indirect, special or incidental, consequential or punitive; or damages of any kind whether or not they were known or should have been known.
Notwithstanding anything else in this agreement, the maximum aggregate liability that VersTech Australia, any of its employees, agents or affiliates, under any theory of law, shall not exceed a payment in excess of the amount paid by the Customer for the Service in question for the six months prior to the occurrence of the event(s) giving rise to the claim.

VersTech Australia does not guarantee that:
a. Any service(s) provided by VersTech will be uninterrupted or error free;
b. The service(s) will meet your desired requirements, other than as expressly set out in this agreement;
c. The service(s) will not be subjected to external hacking attempts, viruses, worms, denial of service attacks, or other persons gaining unauthorised access to the service(s) or any VersTech system.

We take cyber security very seriously and will cancel offenders immediately.

In no event will VersTech be liable to the Customer for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.

In no event, will Verstech be liable to the customer for any loss of contracts, business, profits, economic loss or loss of anticipated savings. As per policy, we do not take liability or responsibility for your services, for indirect or consequential or general economic loss whatsoever.

Any third party services engaged or utilised by the customer, including through your DirectAdmin portal – are done so at the customer’s own risk and choice.
VersTech not provide any warranty on the quality of their products and nor the outcomes that are expected by the third party product. VersTech is under no obligation to provide or extend support for these third party products or externally managed products.

Accounts & Billing

The customer agrees to a month to month contract term for IT support service(s) unless otherwise stated.

The month to month contract for Service(s) is automatically renewed each month in perpetuity subject to cancellation by the customer. The customer agrees to the choice of month to month, quarterly, semi-annual, annual and biennial contract terms for Web Hosting.

The customer agrees to the policy set out as provided in each quotation for web design and/or web development. All development will require a deposit amount to proceed after the quotation, this is set out as per each individual quotation and your requirements.

Upon completion of the project, the customer agrees that to complete the transaction – and the project will be handed over.
The web desing and/or development remains the property of VersTech until the total invoice is paid.
The customer also acknowledges that additional requests, designs or instructions during development may incur additional costs as per the rate described in the quotation, or at our minimum charge of $45 p/h, if not described in the quotation.

Monthly Service(s) are established as part thereof, signifying the beginning of a new month denotes commitment till the end of that monthly period. Service(s) that are established during a period of quarterly, semi-annual, annual or bienniel, will begin the selected period on the date of registration, utilising access of 91, 182, 365 or 730 days, retrospectively, and end on the final day of the registration window.

Any service(s) with unpaid invoices that are more than seven (7) days past the stated due date will be automatically suspended.
We will require full payment for all outstanding invoices before the customers service(s) can be reactivated.
During this window, any IT Support and use of services requested by the customer may be declined until full payment is confirmed.
This includes call out services and any other form of service provided by VersTech.

Services with unpaid invoices that are not paid in full within fourteen (14) days of the due date will be automatically terminated. Restoration of terminated service(s) will be subject to VersTech’s Terms of Service.

PayPal & Credit Cards

In the event a new service is ordered by the customer with payment via credit card, this credit card information may be stored alongside the customers VersTech account. Payment via Paypal; PayPal Subscriptions may also be stored alongside the customers VersTech account.

The customer hereby agrees to on-going reoccurring payments as per the term agreed on when registering for their service(s) via Credit Card or PayPal Subscriptions.

Where a credit card number is stored on the Customer’s Account, this may be automatically used for the payment of due invoices. In such cases, payments will typically be taken three (3) days prior to the due date of the invoice.

Where PayPal Subscriptions account is stored on the Customer’s Account, this may be automatically used for the payment of due invoices. In such cases, payments will typically be taken three (3) days prior to the due date of the invoice.

A full refund will be provided to either account credit or returned to the original payment method, if the order was placed within thirty (30) days of the date that the refund was requested for any of the following Service(s):
a. Any shared Direct Admin web hosting Service;
b. Any dedicated email hosting Service; and
c. Any VPS hosting Service.

A pro rata refund will be provided to account credit only if the refund request was made more than thirty (30) days after the order was placed for any of the following Service(s):
a. Any shared Direct Admin web hosting Service;
b. Any dedicated email hosting Service; and
c. Any VPS hosting Service.

Suspension & Service Termination

VersTech may suspend or terminate Service(s) if:
a. The Customer is found to be in breach of any policy including but not limited to the Terms of Services or our Privacy Policy.
b. The Customer has unpaid invoices that exceed that given time window for account reactivation.
c. The Customer has become insolvent or bankrupt;

VersTech may decide at its sole discretion to advise a Customer that their Account and/or Service(s) will be terminated by giving seven (7) days notice via email or SMS. Any refunds or credits will be processed as per our refunds policy in our Terms and Conditions.

If a customer’s account is closed for any reason, or any Service(s) suspended or terminated, the customer must pay all outstanding invoices by the due dates as per the original agreement during the service registration.

If a customers web hosting, dedicated email hosting or VPS Service is suspended or terminated for any reason, VersTech is under no obligation to provide the customer(s) affected or directly related to the terminated service, with a copy of any data associated with the service(s).

If the data is accessible and able to be backed up or recovered, VersTech can assist with recovery or data backups. A typical backup fee is $149.95, this can vary depending on the complexity of the task.

Account & Service Cancellation

The Customer can request cancellation of their account or any service(s) by logging into their VersTech account and cancelling the order or subscription within the ‘Billing’ area of their account.
The customer may contact us via phone, email or online chat to cancel their account.

Any prepaid fees for service(s) past the current billing month will be refunded in accordance with the Refunds subsection.
VersTech’s accounts team will contact the customer in regards to this.

If the customer requests cancellation of a Service after the invoice for the renewal of the service has been paid, a refund will be issued in accordance with the refunds subsection of this agreement.

Data Management

It is the Customer’s sole responsibility to maintain regular offsite backups of their data.

The customer will not hold VersTech liable for incomplete, out of date or corrupt data recovered from backups and archives.

As per registering for our services, the customer acknowledges that they will not hold VersTech liable for any corrupt data, incomplete projects, out of date or historic data – that is recovered from our backups or archives.

All data backups and data retention remains at the discretion of the customer and they acknowledge they must maintain their own personal backups off-site from VersTech.

For shared Direct Admin web hosting and dedicated email hosting service(s), VersTech makes every reasonable effort to backup and archive the customer’s data on a regular basis for sole reason of data retention and disaster recovery.
VersTech does not take system backups of Virtual Private Server (VPS) service(s) or any other service(s) unless explicitly stated or organised between the customer and VersTech.

In the event of hard disk failure or data corruption of a shared Direct Admin web hosting or a dedicated email hosting server, VersTech will endeavour to restore the data from the last known archive or backup made by the system.

In the event that the backup or archive restoration process fails and/or the data appears to be corrupt, the customer should be prepared to upload and restore their data to their service from your own backups. The customer will need re-create FTP accounts, databases, email accounts, etc.

If the customer requires VersTech to create a backup of their data for an active serviced Direct Admin web hosting product or dedicated email hosting Service, a fee of $40.00 per service will be payable prior to the data becoming available.
The customer acknowledges that they are able to backup their own data through the Direct Admin control panel, avoiding the $40.00 service fee.

Suspended, cancelled or terminated state services within VersTech, are not considered an active service and are subject to other data backup or restoration fees described in this document.

VersTech is under no obligation to maintain a backup of the customer’s data following the suspension or cancellation of the service for any reason.

VersTech holds no responsibility for any issues which arise during the use of third party services including but is not limited to Softaculous, Installatron, Acronis and Direct Admin ‘BackUp Tool’.
Issues which occur as a result of failed upgrade attempts by the customer are outside the control of VentraIP Australia.

VersTech is not liable or responsible for issues that arise from failed upgrade attempts and/or the failed upgrade attempt itself, by the customer.

Changes

VersTech may amend our Terms of Service at any time.

Changes to this agreement will become effective upon their publication to our website and it is the customers responsibility to monitor for changes in the Terms & Conditions.

Additions or modifications to this agreement will be noted at the bottom of this document.

Continued use of our service(s) constitutes acceptance of the amended terms.

If you (or the customer) do not wish to accept the amended terms, you may request cancellation of your services in-line with our cancellation policy found within our Terms of Service which may or may not be applicable to a credit.

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