Legals

As used in this Agreement, “us” and “we” means Geek Internet and “Client”, “Customer”, “you”, or “your” means you.  When placing an order on our website, by ticking the Terms and Conditions box, you acknowledge that you have read the Agreement, and you agree to its terms and conditions and all policies posted on the Geek Internet web site, specifically the ‘Legals’ page. As referred to in this Agreement, “Site” refers to a World Wide Web site and “Geek Internet Site” refers to the Site located at the URL https://geekinternet.au, or any other URL’s owned or maintained by Geek Internet.

YOUR PRIVACY MATTERS

Geek Internet is dedicated to maintaining the privacy of our customers because we value our relationship with our customers. Once you have chosen to become a Geek Internet customer, we assure you that your personal information will be exclusively used to provide you with the services you have requested.

When you establish Internet related services with Geek Internet, you will be asked to provide contact and payment information. The contact information will include your name, address, phone number and email address. The payment information typically includes your Credit Card Number or PayPal Email Address. In the normal course of providing our Internet related services, we also create and maintain other information such as contact history, email history, account status, account data, plan type and support ticket requests. All information collected by Geek Internet will be used for the sole purpose of maintaining our relationship with you as a customer in our effort to provide the best service possible, as intended by you.

HOW WE USE YOUR PERSONAL INFORMATION

We do not sell or rent your personal information.

We may use customer information to inform customers of system and service related issues including: system interruptions, scheduled maintenance, network downtime, newly added services or features and other necessary communication directly relevant to the provision of our services to you.

We may share customer information with partner companies when a customer has requested a service or product provided by that company. The information given will only be that which is necessary to implement the service or product requested, and will only be provided if that company agrees to adhere to our Privacy Policy. Examples of this may include Microsoft or Google for the provision of cloud-based Software as a Service products.

We may disclose specific information about you ONLY if necessary to do so by law or based on our good faith belief that it is necessary to conform or comply with the law or is necessary to protect the users of our Web site, services provided by us on a shared resource, or the public.

We will disclose customer information to name, contact, or bring legal action against persons causing harm or interfering with the rights or property of Geek Internet, our clients, or our affiliates.

UPDATING & REVIEWING YOUR PERSONAL INFORMATION

We make efforts to keep your personal information accurate and up-to-date. To do this, we provide you with the opportunity to view, update or modify your personal information including billing and contact information by logging into the Geek Internet Client Portal – https://my.geekinternet.au

STORAGE AND SECURITY OF YOUR PERSONAL INFORMATION

The security of your personal information is important to us. When you enter or provide personal information on our registration, order forms or ticket forms, we encrypt that information using 256-bit secure socket layer technology (SSL).

We store your personal information in a secure environment that is accessible to authorised Geek Internet staff only. All billing or financial information is securely encrypted and not retrievable by unauthorised parties.

We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the internet, or method of electronic storage is 100% secure, however. While we strive to use commercially acceptable means to protect your personal information, we cannot guarantee it to be absolute.

Geek Internet consistently monitors the integrity and security of all clients’ personal information and will make its best effort to ensure the security and confidentiality of your personal information, should a breach of your privacy be detected in any way Geek Internet will notify you in writing about such a breach in accordance with the Australian Privacy Principles.

STORAGE AND SECURITY OF YOUR PERSONAL INFORMATION

Geek Internet reserves the right to make changes to this policy at any time, as deemed necessary by us. Changes will be effective immediately once updated on the Geek Internet website. It is up to the customer to check upon these whenever necessary. We will send out a notification should there be changes of a material nature.

The most current version of this policy is always available via our website https://geekinternet.au /legals

If you have any questions about our privacy policy, please email support@geekinternet.au

Policy Updated: 02/07/2022 v2.0

As used in this Agreement, “us” and “we” means Geek Internet and “Client”, “Customer”, “you”, or “your” means you.  When placing an order on our website, by ticking the Terms and Conditions box, you acknowledge that you have read the Agreement, and you agree to its terms and conditions and all policies posted on the Geek Internet web site, specifically the ‘Legals’ page. As referred to in this Agreement, “Site” refers to a World Wide Web site and “Geek Internet Site” refers to the Site located at the URL https://geekinternet.au, or any other URL’s owned or maintained by Geek Internet.

This Services Agreement (the “Agreement”) contains the terms and conditions which govern your subscription of internet and web hosting related services provided by Geek Internet (the “Services”).

BY PURCHASING ANY SERVICE OR PRODUCT, YOU ARE DEEMED TO HAVE ACCEPTED AND ARE BOUND BY THIS AGREEMENT (INCLUDING ANY OTHER AGREEMENTS OR POLICIES THAT ARE EXPRESSLY INCORPORATED HEREIN).

This Agreement shall be construed in all respects in accordance with the laws of the state of Victoria, Australia.

1.                  SERVICE ACTIVATION

Upon signing up, your order will be processed upon passing of fraud checks at which point services ordered will be activated. By signing up and submitting an order for services from us, you agree to be bound by these terms and conditions. You agree you must provide a valid e-mail address to be used for sending you important notices / and /or documents (invoices, support ticket updates, abuse complaints, etc.) related to your service(s).

We will not accept service alteration requests from any email address other than that listed on your account. We will never recover a password for you and you must make, in writing, a request for a password reset for your services or account from the email address on file.

2.                  SERVICE DESCRIPTION AND NO WARRANTIES OF SERVICE

Geek Internet provides web hosting services through either shared accounts, virtual private servers (VPS), or dedicated servers that are leased out or owned by us. Our services are used to store data, more specifically “Web Sites”, in order to transmit data or information across the internet. Geek Internet actively denies and rejects responsibility for any of the data sent out.

While Geek Internet attempts to bring you the highest quality hosting service possible, Geek Internet has no warranties of service expressed or implied, including that made for a particular purpose. Geek Internet is unable to guarantee the integrity of any data stored or transmitted via the internet or through our systems. Geek Internet is not liable for any claims of damage by the customer, including, but not limited to, damage of loss of every nature, caused by the loss of data, or through the inability to connect to the internet, or through the inability to send and receive data.

This includes but not limited to, the hacking of your website, hardware failures, server faults, deletion of your account due to software faults, etc. You are solely responsible for making your own backups so that this can be prevented. We strongly urge all customers to implement their own backup strategy so that in the unlikely event of a system restore becoming necessary, our customers can be confident that they have a recent copy of their data. Geek Internet will not be held liable in the event that we cannot restore or provide a backup to you for any reason.

3.                  ACCOUNT TRANSFERS

All account transfers through cPanel (depending on size) will be done, upon request, by submitting a ticket to our support department which will need to include the account details of the server (we ask you change your password prior to giving out information). We will try our best to ensure a smooth transition, however since every hosting company is different, there may be some transfers where it will be impossible to transfer. Geek Internet will attempt in all ways possible to transfer your site(s). All transfers must be done within 30 days. Any requests after 30 days will be charged a one time fee of $50 for account migration.

Consent and authorisation is provided explicitly, by you, to Geek Internet, upon your request, for us to make access to and/or modification of any data held on any account by any other company. You hold all and any liability for any action taken at your request.

4.                  INDEMNIFICATION

Customers shall Indemnify and hold harmless from all demands including, liabilities, costs, claims, liabilities, attorney fees against Geek Internet, its parent company or associated businesses, or any of its affiliates, resellers, other customers, etc. This means that the Customer will not hold us responsible for any liabilities arising out of any injury to people or damage done to property caused by our services, material supplied by Customers who infringe or are allegedly infringing to a third party. Geek Internet is not required to compensate or refund by any means. All of our refunds are handled on a case-by-case basis.

 

5.                  BILLING AND SERVICE FEES

Geek Internet will bill you according to the timeframe you signed up with (Monthly, Quarterly, Yearly, etc.). Monthly billing will be billed every 30 days, from the day you signed up, for all other payment terms you will be billed at the end of the period you have pre-paid. We will make every attempt to contact you which includes sending automatically generated invoice e-mails to remind you that you have outstanding balance to be paid; we may also phone you as a courtesy reminder if no response to emails is received and the account has past it’s due date.

All accounts not paid within 5 days from the due date will be suspended. A late fee of $15.00AUD will be applied to accounts which are late by more than 5 days. After 3 days and on up to 15 days, your account will remain suspended and you will be allowed to request backups during this time by ticket support request at a fee of $55.00AUD each backup. After 15 days your data is considered backed up, therefore granting us the right to terminate your account and you will still owe any invoice and late fees applied durning this period. You must cancel services properly in our client portal or by written request from the email address on file.

Any managed private server or unmanged private server services will be suspended 24 hours after payment is due, and late payment, administration and service handling fee will be applied at the same time these fees are payable in full before service restoration.

If 15 days after account termination your account remains unpaid all pending invoices will be followed up by our internal accounts team and then following this, all outstanding amounts will be turned over to a third party collections agency along with any legal fees and collection agency fees added to your pending invoice, we reserve the right to instruct these agents to record the non-payment on your credit file and you consent to us doing so in the event of non-payment.

Geek Internet accepts payments in Australian Dollars only. Payment methods include bank deposit, credit card, paypal and cheque (by prior agreement only). You agree to us charging your provided credit card automatically upon each invoice due date. You agree that a dishonour fee of $15.00AUD will be added to any invoice where payment is rejected.

For the purpose of billing, each account on our website is a separate billing account. If any of the services under the one billing account are unpaid and overdue, Geek Internet reserves the right to disable all services under that client account, regardless of their paid status, until all money owed is collected in full.

All charges are GST inclusive where GST is required to be collected.

6.                  CANCELLING YOUR SERVICE

You must provide 7 days written notice before your next scheduled billing date in order to cancel your service or you will be liable to pay the full amount for the next billing period. In order to cancel, ALL prior balances MUST be paid. You may be requested to submit identification information for your security before we finalise your cancellation request, once your request has been received and prior to identity verification no further invoices will be generated however service suspension will occur if you do not respond in a timely manner to verify your identify.

No credit or refund will be provided for any unused portion of any service you wish to cancel, unless required by law.

Any outstanding debt after 30 days will result in account termination and amounts owed may be handed over to a third-party collections agency.

ANY ABUSE TO ANY OF OUR STAFF WILL RESULT IN SUSPENSION / TERMINATION of your account with us. Please be nice so we can help you better.

7.                  SERVICE UPTIME

The Uptime Service Level Agreement (Uptime SLA) is currently set at 99.9%. Any downtime occurring will result in a credit to your account for the amount of time down (not more than the total value of your account). Things excluded in this Uptime SLA include; site hackings, downtime due to customer faults, errors in Apache or other such services which result in less than 10 minutes of downtime per event. We will notify you of all scheduled maintenance at least 3 days in advance and scheduled maintenance will not contribute to our uptime record.

We maintain and rely upon external third parties for uptime monitoring for each server supporting client services and use this information as to uptime. We monitor availability on a server basis, we do not monitor individual websites.

Any credit offered or given is done so at the sole discretion of Geek Internet. No other compensation will be paid, for example compensation will not be paid from lost business arising from any outage of Geek Internet services. Free and sponsored accounts are not eligible to receive any credit for any outages.

8.                  REFUNDS & PAYMENT DISPUTE POLICY

Geek Internet guarantees all shared hosting services for 30 days. We’ll grant refund requests due to us not being able to provide our services according to this guarantee, providing you did not violate our Terms and Conditions.

Any refund will be generally processed within 10 business days of the request being approved. We will not refund if your bandwidth has been exceeded or if your account is suspended or terminated due to a breach of our terms and conditions. We do not refund for the following:

• Dedicated IP addresses
• Setup Fees once services are provisioned
• Transaction Fees
• Additional usage fees
• Late Fees
• Virtual Private Servers for time used
• Domain Names once registered
• Other add-ons, such as admin work, backup services, SSL certificates and any work considered prepaid.

We uphold our responsibility under consumer law and will provide a refund should we be required to do so. However, should Geek Internet choose to grant a refund for any reason where we aren’t required to by law, or if Geek Internet was not at fault, an administration fee of $11.00 Inc GST may be deducted.

We will provide a refund if within our 30 day money back guarantee period. This period commences the day you submit an order with us. This policy only applies to shared web hosting services.   Your account will be terminated immediately following your request. The money back guarantee only applies to web hosting accounts and Virtual Private Servers. All domain names are non-refundable. If you have purchased a domain name and web hosting account from us and request a refund within the 30 day time period, we will only refund the web hosting portion of the fees that you paid. Your domain name will remain active in our account and it will still be under your control until it expires. If a domain name is provided free with a web hosting account that you have paid for as a part of a special promotion, we will deduct the retail value of your domain purchase from the refund amount.

If a payment and invoice amount is disputed by you then we agree to suspend services and until resolution we will not apply any late fees or additional charges to the disputed service invoice.

9.                  CLIENT IDENTIFICATION

You agree that you as the person legally responsible for all use of your account and our services are at least 18 years of age. If you are under 18 years of age, you must have parental consent in order to sign up, and the account must be ordered by a parent or guardian, in their own name.

You agree to supply Geek Internet with your current and truthful name, postal address, email address and telephone number for our records, and you have a continued obligation to keep this information current. You also agree that you are an authorised user of any credit card that you supply to us, and you understand and agree that we have an obligation to fully investigate any possible fraudulent credit card use.

As a client you are responsible for the currency and completeness of your personal information, including your email address as listed in your client account, you agree that we may exclusively communicate with you via this email address. Geek Internet cannot be held liable if your service(s) are disrupted or affected due to an incorrect e-mail address in your profile.

10.             REFUSAL AND DISCONTINUATION OF SERVICE

Geek Internet reserves the right to refuse or discontinue service to anyone at our sole discretion and without any notice to you.

Geek Internet may deny you access to all or part of the service without notice if you engage in any conduct or activities that Geek Internet at its sole discretion, believes violates any of the terms and conditions in this agreement. Geek Internet shall have no responsibility to notify any third-party providers of services, goods, or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification.

You agree that Geek Internet has the right to monitor the service electronically from time to time and to disclose any information as necessary to satisfy the law, or to protect itself or its subscribers. Geek Internet reserves the right to refuse to post or to remove any information or material, in whole or in part, that, in its sole discretion, is unacceptable, undesirable, or in violation of this agreement. Geek Internet also reserves the right to refuse a refund in cases where we believe abuse of service has occurred.

11.             ABUSE COMPLAINTS

Geek Internet reserves the right to act on any abuse complaint at our sole discretion and without any notice to you although where we communicate an abuse complaint to you, you must respond within 24 hours of same. Failure to reply will result in your account being suspended and Geek Internet taking any action it deems appropriate. We reserve the right to remove any material that infringes on any law.

12.             DOMAIN NAME REGISTRATION

Geek Internet is an authorised domain name reseller authorised by the auDA registrar. All Australian namesapce (.au) domain name registrations must agree to the auDA .au Licensing Rules available at: https://www.auda.org.au/policy/au-domain-administration-rules-licensing

All .au domain name transfers are offered free of cost if the domain name is more than 3 months from expiry. If the domain name is due to expire in 3 months or less the normal renewal fee applies and the subject domain will be renewed for a further period from the existing expiry date as chosen by the client.

Other domain name transfers, depending on the extension, may require a renewal at the time of transfer, these are stipulated by the registry for the associated domain name extension and this is outside the control of Geek Internet.

Domain name transfers can take up to 7 days to complete at the registry, this is a process we cannot speed up or control. It is The Customer’s responsibility to action domain transfer authorisation requests where applicable.

The Customer must ensure all contact information is updated with current Domain Registrar and the appropriate transfer keys / domain passwords have been obtained prior to placing a domain transfer order with us.

Domains must be renewed prior to their expiration date to avoid the domain becoming inactive. Multiple notifications are sent to The Customer advising them of upcoming domain renewals starting from 60 days prior to the listed expiry date. Geek Internet has no control over keeping the domain active once it has reached its expiry and does not take responsibility for a website becoming inaccessible due to the customer not renewing their domain.

13.             DISCLAIMERS & LIABILITY

Geek Internet expressly advises that information and services included in or available through the Geek Internet web site or sites or products related to Geek Internet, may include inaccuracies or typographical errors. Changes are periodically added to the information herein.

Geek Internet may make improvements and/or changes to its service and/or services at any time.

By completing the account sign up process and clicking the submit button you specifically agree that Geek Internet shall not be responsible for any unauthorised access to or alteration of your data, any material or data sent or received, or any transactions entered into through the services provided by us.

You specifically agree that Geek Internet, it’s agents or representatives are not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another’s rights, including intellectual property rights.

You agree that our total liability for loss or damage of any kind, however caused, in contract, tort (including negligence), under any statute or otherwise arising from or relating in any way to this agreement shall not exceed an amount equal to the fees paid by you to us in the preceding six (6) months for that service.

You agree to indemnify, keep indemnified and hold us harmless from and against any and all actions, claims, proceedings, losses, damages, costs and expenses (including legal fees and expenses on a solicitor/client basis) and other liabilities of whatever nature, whether foreseeable or not, and whether direct or indirect, incurred by us in respect of any claim (i) by a third party arising in connection with this agreement (except to the extent such a third party claim arises as a direct result of our breach of this Agreement), and/or (ii) arising in connection with your breach of these terms and conditions.

Geek Internet is bound by Australian laws around the collection and retention of meta data which is recorded and retained under these provisions. Data including, any and all customer information including assigned IP numbers, account history, account use, etc may be provided to an authorised law enforcement organisation upon their written request and/or court orders. Geek Internet will not provide you with any notification or seek any consent in doing so.

In the event of our being delayed in, or prevented from, performing our obligations under the agreement we have with you, due to circumstances beyond our reasonable control including without limitation acts of god, government actions, war or national emergency, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to our workforce), power outages, failures in telecommunications links or equipment we shall not be liable for any loss, damage or expenses incurred by you

14.             THIRD PARTY LICENSES

Geek Internet may provide access to additional third party software and/or services (“Third Party Products “) through reseller or other commercial agreements Geek Internet has established with certain vendors (“Third Party Vendors”).

Unless otherwise stated, The Customer understands that product support for Third Party Products is provided by Geek Internet and not by the Third-Party Vendor. Neither Geek Internet nor any Third-Party Vendor makes any representations or warranties, express or implied, regarding any Third-Party Products.

The Customer expressly acknowledges and agrees that use of Third Party Products is at The Customer’s sole risk and such third-party products are provided “as is” and without representation or warranty of any kind from Geek Internet or any Third-Party Vendor, including without limitation, any implied warranty of merchantability, fitness for a particular purpose, accuracy or completeness of responses or results, correspondence to description, or non-infringement of third party rights.

The Customer agrees to observe the terms of any license and/or applicable end user subscriber agreement for Third Party Products and The Customer shall be fully liable to Third Party Vendors and/or Geek Internet with respect to any improper use of such Third-Party Products or violation of license agreements with them and/or applicable end user agreements.

15.             ACCEPTABLE USE POLICY

In addition to these Terms & Conditions you agree to adhere to our Acceptable Use Policy, which can be accessed at https://geekinternet.au/legals

16.             EXCLUSIVE AGREEMENT

This Agreement supersedes any written, electronic, or oral communication you may have had with Geek Internet or any agent or representative thereof, and constitutes the exclusive agreement, that may be relied upon, between the parties. In the event that any provision of this agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect and said provision shall be reformed only to the extent necessary to make it enforceable.

Geek Internet reserves the right to make any changes to these terms and conditions at any time, as deemed necessary by us. Changes will be effective immediately once updated on the Geek Internet website. It is up to the Customer to check upon these terms whenever necessary.

The most current version of this policy is always available via our website https://geekinternet.au/legals

If you have any questions about these terms and conditions, please email support@geekinternet.au

Terms updated: 01/08/2022 v1.2

As used in this Agreement, “us” and “we” means Geek Internet and “Client”, “Customer”, “you”, or “your” means you.  When placing an order on our website, by ticking the Terms and Conditions box, you acknowledge that you have read the Agreement, and you agree to its terms and conditions and all policies posted on the Geek Internet web site, specifically the ‘Legals’ page. As referred to in this Agreement, “Site” refers to a World Wide Web site and “Geek Internet Site” refers to the Site located at the URL https://geekinternet.au, or any other URL’s owned or maintained by Geek Internet.

Geek Internet customers are not allowed to do the following on our services:

• Run any process or command that consumes an unreasonable amount of system resources, including but not limited to using CPU, RAM, or sustained bandwidth.
• Upload data files that are not typically part of a website, this includes PC backups and archives or files not downloadable from your website.
• Run any site with adult-oriented content, including but not limited to any nude or pornographic material, without gaining prior permission from Geek Internet to run such a site.
• Post or transmit any unlawful, threatening, abusive, defamatory, obscene, questionable, offensive, pornographic, indecent, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any law.
• Restrict or limit other users’ ability to enjoy the use of the internet or our services.

THE FOLLOWING ARE NOT ALLOWED :

• Run stand-alone scripts such as IRCD that are unattended.
• Run any Internet Relay Chat software (IRC)
• Run any bittorrent software including trackers, clients, etc.
• Do any file sharing / P2P activities
• Run any game server application (unless on a gaming designated server).
• Run cronjobs at less than 5-minute intervals.
• Upload or host proxy scripts.
• Upload or host Wares – actual files including but not limited to pirated software, hacker programs, crack and audio or video files.
• Upload or host hack, scam or phishing sites etc.
• Abuse Geek Internet or other servers / sites within the network.
• Mass File Hosting (Includes Image Hosting/Data Scraping).
• Services used to spam email or bot internet activity.
• Use databases for websites not hosted by Geek Internet. Outside access to databases on Geek Internet servers is a security risk and by default is prohibited.
• Have anything else stored, held, uploaded or downloaded that may infringe any laws of Australia.

SPAM – SENDING UNSOLICITED EMAIL + MAILING LISTS

Sending unsolicited email messages, including, without limitation, commercial advertising and informational announcements, is explicitly prohibited. Any user who sends out spam will have their account terminated immediately without notice, and information will be freely provided to the appropriate authorities.

By default each account / domain is restricted to the sending of 300 emails in any one hour. If you need to send more email than this for genuine reasons please contact us for enablement and express written consent. In most instances you will be required to upgrade to a managed mail service or dedicated private server for these purposes to ensure you have a clean, non blacklisted IP address and no limitations as to sending rates.

We, in our sole discretion, will determine what action will be taken in response to a violation on a case-by-case basis and without notice to you. Violation of this AUP could subject the customer to criminal or civil liability.

Any action taken by us in accordance with this AUP may incur additional costs to be billed and immediately payable by you the customer.

We reserve the right to suspend or terminate any customer pursuant to any valid AUP complaint or suspend any customer while we investigate any complaint or alleged breach of our AUP.

 

This policy forms part of our standard terms and conditions.

Geek Internet reserves the right to make changes to this policy at any time, as deemed necessary by us. Changes will be effective immediately once updated on the Geek Internet website. It is up to the customer to check upon these whenever necessary. We will send out a notification should there be changes of a material nature.

The most current version of this policy is always available via our website https://geekinternet.au /legals

If you have any questions about our Acceptable Use policy, please email support@geekinternet.au

Last Updated: 24/10/2021 v1.2