Kadeo reserves the right to suspend or cancel an account holder's access to any or all services provided by Kadeo when Kadeo decides (at its absolute discretion) that the account has been used in contravention of the Acceptable Use Policy, inappropriately used or otherwise.
1. SERVER USE
Personal accounts are to be used by the account holder only. Personal account holders are not permitted sell, resell, store or give away web-hosting services to other parties. Web hosting services are defined as allowing anyone other than the account holder to host content on the owner's web site, with the exception of ad banners, classified ads, and personal ads. Reseller account holders may however resell our Reseller packages.Kadeo reserves the right to refuse service and/or access to its servers to anyone.
Kadeo do not allow any of the following content to be stored on its servers:
- Illegal material, including copyrighted works, commercial audio, video, or music files, and any material of any type in violation of any Federal, State or Local law or regulation anywhere in the world.
- Scripts - Any Script that may create a load on the server.
- Adult material, including pornography, erotic images, or otherwise lewd or obscene content of any type. What constitutes "adult material" is entirely at the discretion of Kadeo.
- Warez, including pirated software, ROMS, emulators, phreaking, hacking, password cracking. IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide "links to" or "how to" information about such material.
2. BANDWIDTH
Each account has an allocated site bandwidth allowance. If this is exceeded contiguously by a rate of 10% or more, the account holder is liable for the cost of the exceeded bandwidth amount. Bandwidth is monitored and Kadeo reserves the right to remove sites that exceed their bandwidth allowance without notice. Excess bandwidth is charged at the rate of $5.95 per GB (or part thereof) per month in excess of that allowed for the account holder.
3. HIGH RESOURCE USER POLICY
Resources are defined as bandwidth and/or processor utilization. When an account is found to be excessively using the resources available, Kadeo reserves the right its sole discretion, to suspend that account immediately. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers. Where appropriate and soley at Kadeo's discression, account holders may be offered an option whereby Kadeo continues hosting their account for an additional fee.4. BILLING POLICY
Unless otherwise stated Kadeo has a strict 14 day payment terms on hosting accounts and domain name renewals. All invoices are issued 14 days before the renewal date; and a late fee of $10 is added to your invoice if your account becomes 5 days past due. When a payment is 7 days overdue Kadeo reserves the right to suspend the account.
All Internet Banking, EFT or Direct Deposit payments MUST have the invoice number as the reference, failure by a customer to use a sensible reference number will not be excepted as an excuse for late payment, and late fees may still be applied to the account if the payment is not located within the grace period.
A payment is not classed as received untill the funds are cleared in Kadeo's account, therefore it is adviced to transfer you payment BEFORE the due date.
If an payment is not received by the end of the grace period late fee's will still apply, Kadeo may wave these late fees at its discression if payment proof is provided.
Kadeo reserves the right to pass any unpaid debt/default onto debt collection agencies; in such case the customer will be liable for any fees Kadeo encures whilst trying to recover the unpaid debt/default.
From 01/11/2008 all new accounts will be prorataed to the first of each month; so if you signup on the 15th of any month payment for the following month will be required at the same time; this is due to payment processing costs incurred by Kadeo as most prorataed amounts will be less than half the normal service fee. This means payment for all new Kadeo services will be due on the first of each month.
5. PAYMENT POLICIES
All accounts are set up on a prepay basis. Although Kadeo reserves the right to change prices of accounts or services at any time, all pricing is guaranteed for the period of prepayment. Payment is due either on each anniversary of the payment period. All accounts are automatically renewed at the end of each prepaid period unless a cancellation request it submitted thought the customer portal (myKadeo) (and such receipt is confirmed by Kadeo to the account holder) at least 15 days prior to the end of the prepaid period.
Where the account holder provided debit or credit card details and the debit is declined, Kadeo may immediately suspend the account until outstanding charges are processed successfully. In addition, Kadeo reserves the right to suspend other services until the outstanding charges are paid. The account holder is responsible for all outstanding charges on the account. The account holder may be charged a $25 administration fee for any declined or dishonored payment.
All invoices will be sent directly to account holders via e-mail. No bills or invoices will be sent by regular mail.
Other services such as, but not limited to, web design and programming tasks will have the payment term's defined on the quote that you receive. If you have received no written quote terms will be at minimum 7 days; if payment is not received by the terms (displayed on the quote/invoice) a late fee may be charged at Kadeos discretion, the cost of which will be listed on the original quote/invoice.
5.1 Ownership & Licensing
Unless otherwise specified the ownership/license for any work completed by Kadeo will pass to the customer on complete payment of an invoice.
If at anytime the customers account becomes overdue and/or is terminated as a Kadeo customer the customer agrees that all ownership for all work passes back to Kadeo.
Any existing software licenses for any period are revoked and the customer must cease to use the software immdeiatly.
[Please be aware of the copyright clause in the Design & Software Terms & Conditions]
6. PAYMENT OPTIONS
In order to streamline our accounting procedures and keep costs down Kadeo runs a limited number of payment options.- Credit / Debit Cards (via PayPal)
- Visa
- Mastercard
- American Express (International Customers only)
- Internet Banking Transfer (EFT)
- In Branch Bank Deposit at the Westpac Bank
- Cheques - For large invoices only, with authorisation from Kadeo, processing fee's may apply)
7. CANCELLATION AND REFUNDS
Kadeo reserves the right to cancel the service at any time if it believes the account is being misused, account holders are not entitled to any refund. Account holders may cancel their account at any time, by providing at least 30 days notice via a support ticket in myKadeo. Any incentives offered to account holders when opening the account will also be cancelled. Account holders may be given the option to purchase services which were offered as start-up incentives in the result of a cancellation. Fees charged on a prepay basis are non-refundable. In addition some accounts incur set-up fees, these charges are also non-refundable. Kadeo also reserves the right to charge the customer the value of any incentives that may have been provided, such as but not limited to "Free Domains Names". If kadeo wishes to terminate your service/account for reasons other than a breah of these conditions it may do so by giving you 30 days notice, in this circumstances we will refund any credit on your accound at the completion of the afformentioned 30 days.
7.1 REFUNDS ON DOWNLOADABLE SOFTWARE PRODUCTS/SCRIPTS
As Kadeo has no way of knowing if all copies of downloaded software has been deleted/removed from the clients system all purchases on such items are final.
Refunds will not be given under any circumstances.
Please choose carefully.
8. EXTRA CHARGES
These only apply under the following terms:1. Package Change - $25
2. Package Domain Change - $30
3. Suspended Account Re-Activation Fee - $25
4. Dishonored or Declined Payment Fee - $25
5. Restore from Backup - $25
6. Backup of Site Data or Database - $50
7. Late Payment Fee: $25.
The above fees may be waived at the discretion of Kadeo.
The above fees may be changed at any time.
9. GOVERNING LAWS
The agreement between you and Kadeo shall be governed in all respects by the laws of Queensland Australia. The parties to irrevocably submit to the non-exclusive jurisdiction of the courts of Queensland Australia. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of each section.10. REMEDY
You agree that your sole and exclusive remedy to any issues relating to Kadeo's services is to discontinue using the Service.11. SEVERABILITY
Each provision of the agreement between you and Kadeo including these terms and conditions are severable and if provisions of this agreement or terms of service are held to be invalid or unenforceable such provisions may be removed and the remaining provisions may be enforced.12. INDEMNIFICATION
The account holder agrees that it shall defend, indemnify, save and hold Kadeo harmless from any and all demands, liabilities, losses, costs and claims, including legal costs (on an indemnity basis or solicitor/client basis, whichever is higher) claimed or asserted against Kadeo, its agents, its account holders, officers and employees, that may arise or result from any service provided or omitted, performed or agreed to be performed or any product sold by account holder, its agents, employees or assigns. The account holder agrees to defend, indemnify and hold harmless Kadeo against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Kadeos' servers; (2) any material supplied by the account holder infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement; (4) any defective products sold to account holder from Kadeo' server and any defamatory or allegedly defamatory material on Kadeo servers.13. BACKUPS
The customer is solely responsible in keeping regular backups of their data and digital information.14. DISCLAIMER
Kadeo will not be responsible for any damage, loss or liability the account holder or any third party may suffer. Kadeo makes no warranties of any kind, expressed or implied for services we provide. Kadeo disclaims any warranty or merchantability or fitness for a particular purpose. The includes loss of revenue, profits or data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Kadeo and its employees or otherwise. Kadeo reserves the right to revise its policies at any time.15. SUPPORT
Kadeo's primary support method is the Ticketing system that is available within the myKadeo Customer Portal. We will endevor to get to any support ticket as soon as possible.
Hosting support relates only to the hosting, this does not extend to application support with the scripts that you may have hosted. If you have purchased a kadeo solution we will guide you but we will not do it for you. You are however most welcome to ask us to complete a job at our regular support rates.
15.1 Fantistico Delux
Kadeo does not offer free application support for any of the scripts that can be installed with the fantistico script installer. Please refer to the scripts website for more information on how to use/configure. Kadeo is happy to install and configure these scripts at a discounted rate, where is sees fit to do so.