Links Modular Solutions PTY LTD Terms of Service

Links Modular Solutions PTY LTD agree to furnish services to the “Subscriber,” subject to the following TOS (Terms of Service).

Use of our Services constitutes acceptance and agreement to both TOS (Terms of Service) and AUP (Acceptable Use Policy). The TOS and AUP may be changed from time to time at the discretion of the Company. Subscriber understands that changes to the TOS and / or the AUP shall not be grounds for early contract termination or non-payment by the Subscriber.

1. Term

Ongoing until 90 days written notice is given by either of the parties.

2. Service Cancellation

  1. Service may be cancelled at any time by contacting us at admin@linksmodularsolutions.com.au
  2. Links Modular Solutions offers refund on the monthly hosting fees to the customer upon cancellation made prior to the first 30 days of the first payment for the Service, unless otherwise specified on the individual service page. This refund does not include any setup fees or domain name registrations.
  3. Links Modular Solutions issues no refunds for cancellation of monthly subscriptions.

 

3. Fees

  1. Links Modular Solutions does not extend credit to Subscribers. All services must be paid for in advance of service delivery. Subscribers will automatically be charged an amount equal to their next monthly service fees when they exceed their monthly transfer allotments, bandwidth commitments, or other pre-paid services and the charges will be reconciled at the end of the month.
  2. Monthly fees and charges for extra metered services are automatically billed to your nominated direct debit account. Subscriber is responsible for monitoring transfer, bandwidth and space utilization, and other metered services.
  3. In order to prevent service interruption in the event that metered utilization exceeds pre-paid service level Subscribers must keep a valid credit card on file with Links Modular Solutions. Credit card information can be updated via completing a new DDR form available from admin@linksmodularsolutions.com
  4. Payments are collected on the first business day of each month. If a charge attempt is denied, there may be a declined credit card fee for each unsuccessful attempt. It is the responsibility of the customer to maintain current billing information to prevent these fees. If a successful charge cannot be made upon final notice, service will be suspended pending customer response. Customers may reactivate their accounts within 7 business days after suspension.
  5. All fees described above must be paid in addition to the cost of services ordered to establish or maintain a customer account. Links Modular Solutions does not issue refunds or credits except as explicitly specified within this Terms of Service.
  6. If the Subscriber has not fulfilled its dues to Links Modular Solutions, the Service will be terminated after 30 days of the initial suspension date.

4. Adherence to Acceptable Use Policy (AUP)

Subscriber agrees not to allow Links Modular Solutions equipment and services to be used for activities specifically prohibited by the Links Modular Solutions Acceptable Use Policy (AUP) posted at http://www.linksmodularsolutions.com/policies-aup. It is the Subscriber’s responsibility to review this agreement prior to executing this contract. The AUP may be updated from time to time and it is the Subscriber’s responsibility to regularly check for updates.

  1. Subscribers must not allow Links Modular Solutions resources to be used for SPAM or Unsolicited Commercial Email (UCE), hosting of content advertised by UCE, perpetration of security breaches or hacking, network attacks, illegal activities, child pornography, fraudulent activity, Trademark or Copyright infringement, virus distribution, and like activities.
  2. Subscriber agrees to compensate Links Modular Solutions for any expenses Links Modular Solutions may incur resulting from Subscriber’s violation of the posted AUP, including any fines, fees, legal expenses, and labour for investigation and resolution. The cost of any investigations will be charged to the Customer at AU$150 per hour during normal business hours. Emergency investigations are charged double-time at AU$300 / hour with a one hour minimum.
  3. Subscriber is responsible for any activity conducted on their account, including unauthorized activity by hackers. This includes any AUP violations or bandwidth or transfer usage caused by hackers. Links Modular Solutions will endeavour to assist Subscriber but Links Modular Solutions is not responsible for protecting Subscribers from hackers and their actions and use of Subscriber’s account.
  4. Links Modular Solutions does not monitor Subscriber content and activities but reserves the right to disable service or remove content pending investigation of possible AUP violations without first giving notice.
  5. Links Modular Solutions does not issue refunds for terminating service due to suspected AUP violations.

 

5. Ownership of Data, Software, Hardware and IP addresses:

All software, hardware and IP addresses provided by Links Modular Solutions are leased to the Subscriber and remain the property of Links Modular Solutions and/or its suppliers. Links Modular Solutions reserves the right to change any network infrastructure, software, hardware and IP addresses at its sole discretion.

Subscriber will provide and transmit to the system software, data and content to be uploaded to the servers and accessed by the general public via the Internet. Upon termination of this agreement, Subscriber agrees to remove all uploaded software, data and content prior to the termination date of the contract. Links Modular Solutions will not be responsible for providing access or copies of the software, data or content stored on the system after the final termination date.

 

6. Service Levels

  1. Links Modular Solutions may interrupt service to perform maintenance. Links Modular Solutions will use its best efforts to inform Subscriber before interrupting service to insure that access loss is minimized. In the event of software or equipment malfunction or failure, Links Modular Solutions will provide its best efforts to repair the system as quickly as possible.
  2. In the event that Links Modular Solutions suspects that server security has been breached, Links Modular Solutions reserves the right to disable the server and/or the account in order to facilitate investigation and recovery in coordination with Subscriber.
  3. Subscriber agrees that Links Modular Solutions shall not be responsible for any service interruptions.

 

7. Limitation of Liability, Indemnification

  1. Upon the discovery of facts which reasonably indicate that Links Modular Solutions has breached the terms of this agreement or otherwise failed to perform its obligations under this Agreement, been negligent, or otherwise breached legal duty, Subscriber shall promptly notify Links Modular Solutions of such facts and follow up any such verbal notification with a written notice within 30 days of such discovery. The failure to give the foregoing notices shall constitute an irrevocable waiver of all claims and causes of action. Subscriber must commence any legal action against Links Modular Solutions with respect to this Agreement within 12 months after the incident giving rise to the claim or cause of action, regardless of when the incident is discovered. If proper notification is given to Links Modular Solutions as requested by Subscriber anytime during the twelve (12) month period following such notification, Links Modular Solutions shall at its sole discretion and option (i) revise or repeat free of charge the service affected by the failure of performance, negligence or breach, or, (ii) terminate this Agreement and pay Subscriber for all incidents, problems, and/or failures up to a maximum of all sums paid to Links Modular Solutions for service fees. Payment will be made via company cheque from Links Modular Solutions. The remedies set forth in this paragraph are Subscriber’s sole and exclusive remedies should Links Modular Solutions breach the above express warranty or otherwise fail to perform its obligation under this Agreement, be negligent or in breach of legal duty.
  2. The parties acknowledge and agree that Links Modular Solutions shall not be held liable for any consequential damages, including without limitation loss of use or loss of profits, incurred by Subscriber, Subscriber’s Subscriber or customer or its subsidiaries or successors, regardless of whether such damages are sustained based upon as alleged breach of contract, negligent act, or omission.
  3. Links Modular Solutions is not responsible for data or content maintained and distributed by Links Modular Solutions facilities. THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS AND CUSTOMER’S USE OF THE SERVICES IS AT ITS OWN RISK. LINKS MODULAR SOLUTIONS DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL OTHER EXPRESS AND/OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. LINKS MODULAR SOLUTIONS DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

 

8. Miscellaneous

  1. The agreement contains the sole and entire agreement of the parties with respect to the services to be provided by Links Modular Solutions, and any and all prior or contemporaneous communications, negotiations, commitments, and understandings related thereto are hereby merged herein.
  2. Links Modular Solutions reserves the right to amend or otherwise change this agreement by publishing the updated service agreement on the Links Modular Solutions Web site at http://www.linksmodularsolutions.com/policies-tos. Subscriber may reject the revised agreement and cancel service with 30 days written notice if the amended terms are not acceptable to the Subscriber.
  3. This Agreement shall be construed and enforced in accordance with the laws of the State of Victoria, Australia with respect to transactions entered into and to be performed entirely within the State of Victoria Australia.
  4. All written communications shall be directed to the Subscriber using the contact information provided to Links Modular Solutions at the time of order unless otherwise instructed in writing by Subscriber. All fees due Links Modular Solutions should be mailed to PO BOX 531, Moonee Ponds, Victoria 3039.

 

Subscriber has reviewed the current Acceptable Use Policy and this Terms of Service and Subscriber and Links Modular Solutions hereby agree by making use of the Links Modular Solutions service.