Terms of Service
This page describe our terms of service
Last Updated: 26th August 2024
Terms and Conditions
These terms and conditions define the rules and regulations for using the Onidel Cloud platform, located at https://onidel.com and https://cloud.onidel.com. Please note that these terms and conditions may be updated at any time.
By accessing this website, you acknowledge and accept these terms and conditions. If you do not agree with any part of these terms and conditions, please refrain from using Onidel Cloud.
The following terminology applies to these Terms and Conditions, our Privacy Statement, the Disclaimer Notice, and all related agreements:
"Customer" refers to the individual or entity that has ordered services provided by Onidel.
"Customer Service" describes the relationship between Onidel staff and the Customer, aimed at assisting the Customer with any inquiries they may have.
"Service", "Service(s)", or "Services" encompasses any product(s) or service(s) that the Customer has signed up for. This may include, but is not limited to, the provision of server space, internet connectivity for web, email hosting, FTP services, domain name registration, transfer or renewal, SSL, and VPS. These product(s) and service(s) are detailed in the "sign up" and "service provision" emails sent by Onidel following the Customer's service request. Specific details of the Services can be found by logging into Onidel control panel or on our website.
"Onidel", "Onidel Cloud", "Company", or "Business" refers to Onidel Pty Ltd.
"We", "Our", or "Us" refers to Onidel Pty Ltd (ABN 67 662 357 397).
"You" or "Your" refers to the Customer.
Onidel Services
Onidel will make every effort to provide service to the Customer as quickly as possible after the Customer completes the necessary sign-up forms and makes payment for the service. If Onidel is unable to deliver the requested service, the Customer will be notified within 5 working days and will receive a full refund for any charges paid for that service.
Onidel will deliver its services to the Customer in a manner Onidel deems appropriate.
Service fees for discounted plans are non-refundable.
The Customer Agrees To Pay
The Customer agrees to pay Onidel the fees associated with the services provided. These fees must be paid within 7 days of the invoice being sent. Invoices will be sent electronically via email.
Onidel reserves the right to adjust the amount and structure of the fees. The Customer will receive electronic notice of any fee changes, with a 14-day notice period before the changes take effect. If the Customer does not wish to continue using Onidel's services after the fee adjustment, they must notify us within that 14-day period, and we will disconnect their account. If no response is received, we will assume the Customer accepts the revised fees.
If the Customer fails to pay the fees within the specified timeframe, Onidel reserves the right to charge interest at a rate of 15% per year, accruing daily from the due date until payment is received. Onidel may also impose an administrative charge for late payments.
The Customer acknowledges that they are responsible for all fees incurred by anyone using their account login or password, regardless of whether they authorised the use. We strongly advise taking all necessary precautions to ensure the security of account login and password details.
If the Customer provides a credit card or direct debit authorisation, it will be charged upon renewal unless the Customer instructs otherwise. A 14-day notice period is required if the Customer does not wish to have a payment charged against an existing credit card or direct debit authorisation.
Billing
Invoices for Customer's service(s) are typically generated at least one week in advance. If payment is not received, Onidel usually suspend Customer's service(s) after the due date, following repeated email reminders. Customer's service(s) may be terminated after one week, although Onidel may extend this period depending on the specific product.
For services with auto-renewal enabled, Onidel will attempt to use Customer's account credit to pay for the renewal one week before the renewal date. If Onidel are unable to use the account balance, an invoice will be generated, and The Customer will be responsible for making the payment for that invoice, even if auto-renewal is enabled.
If the product page indicates that Customer's service is in a "Suspended" state, there is a high likelihood that Customer's data is still intact. However, if Customer's service(s) is marked as "Terminated" or disappeared, Customer's data and service(s) are likely no longer available.
It is Customer's responsibility to cancel the service(s) through the control panel before the service due date. Failure to do so may result in the payment method on file being charged or the invoice not being properly canceled.
Content of Information
The Customer agrees to use the Onidel services and products in accordance with the Acceptable Usage Policy and to comply with all reasonable directions and instructions provided by Onidel regarding service use. The Customer also agrees to abide by all relevant laws in their state or territory related to internet use.
Onidel respects the Customer's privacy and does not generally monitor or control the content accessed or provided via the Onidel services. However, if Onidel becomes aware of a breach of the Acceptable Usage Policy, it reserves the right to take immediate action, including:
Removing any web pages provided by or to the Customer without notice.
Terminating or suspending the provision of Onidel services to the Customer.
Providing a copy of the infringing material to any legally empowered authority.
The Customer acknowledges that Onidel may access the Customer's data, and while Onidel typically respects privacy, in certain cases—such as resource allocation or system checks—Onidel may examine data content. The Customer agrees that in these cases, Onidel will not be held liable for any alleged breach of confidentiality or privacy.
Acceptable Usage
These Terms and Conditions include and incorporate the Onidel AUP available HERE.
Multiple Accounts
Multiple accounts are permitted, provided they are not used for the following purposes:
Reusing a one-per-account promotion code
Engaging in fraudulent activities
Evading account closure or bans
If you are found to be in violation of this policy, we reserve the right to close any duplicate accounts without issuing a refund.
Additionally, the information on all your accounts must be consistent (e.g., full name, address, phone number). If inconsistencies are found, we will contact you to request that the information be updated.
Sending Emails
By default, we block port 25 and disable email sending across our infrastructure.
If we determine that you are intentionally sending spam, we reserve the right to charge a A$25 fee for IP cleaning.
Service Transfers
A $10 AUD transfer fee applies if you wish to move your service to another client account. This fee covers the administrative work involved in the transfer process.
Abuse
If we receive an abuse complaint regarding your service, you are required to respond within 24 hours. Failure to do so may result in your service being suspended, and if unaddressed for 7 days, it may be terminated. In cases of repeated abuse or intentional acts that could harm our infrastructure, we may take immediate action. For instances of email spamming or other malicious activities, we may impose a fee, such as a A$25 IP cleaning fee, to cover the administrative work required to remove your IP address from spam databases.
Engaging in any illegal activity, or any activity that could negatively impact our infrastructure or damage the reputation of our services and IP ranges, is strictly prohibited.
Prohibited activities include, but are not limited to:
Port Scanning
Brute Forcing
Sending DDoS or DoS Attacks
IP Spoofing
Phishing Attacks
Email Spamming
Distributing Copyrighted Content
Using “Cracked” Software
TOR exit nodes are not allowed.
Our fair use conditions for resources within our services are detailed in our Fair Use policy.
We adhere to the laws of Australia and the laws applicable in the country where your server is located. For example, if your server is based in Singapore, you must comply with both Singapore and Australia laws. It is your responsibility to ensure that all activities on your services are fully legal.
Copyrighted content is strictly prohibited on our services. We will take action if we receive repeated copyright complaints, and we do not ignore DMCA requests, which are typically treated as copyright infringement notifications.
Disclaimer
Onidel will strive to provide the best possible service to the Customer. However, periodic maintenance of the Onidel services is necessary, and during these times, service may be temporarily unavailable. Onidel will make every effort to minimise downtime and, whenever possible, schedule maintenance at times that are least likely to inconvenience the Customer.
Given these factors, Onidel cannot guarantee or warrant the availability of its services at all times, nor can it guarantee performance features or compatibility with any cooperating email networks or connected internet services.
If Onidel suspects that the Customer is in breach of these Terms and Conditions, it reserves the right to access the Customer's data to investigate the potential breach.
Indemnity
The Customer indemnifies and holds Onidel harmless against any damages arising from claims brought by the Customer or any other person against Onidel due to the Customer's use of Onidel services, the Customer's negligence, or the Customer's breach of this agreement.
Except as otherwise provided by legislation, the Customer acknowledges that Onidel is not liable for any loss or damage the Customer may suffer as a result of using Onidel services or from Onidel's inability to provide those services. Specifically, Onidel accepts no liability for any loss of business, personal inconvenience, or any other damages arising from or alleged to have arisen from the loss or non-provision of services to the Customer or any third party.
We expressly exclude any implied warranties from this agreement. If legislation requires us to provide a warranty for our services, the Customer agrees that our liability for any breach of such warranty is limited to:
Resupplying the Onidel service, or
Covering the cost of having the Onidel service resupplied.
Protection of Data and the Need for Backing Up
Onidel advises that while we will make every effort to preserve the integrity of your data, we are NOT liable for any loss or damage to your data. We strongly recommend that you create and maintain independent backup copies of all data stored or accessed through the Onidel services.
Our Right of Termination
Onidel reserves the right to immediately terminate this agreement without prior notice to the Customer if:
It is discovered that the Customer has breached this agreement.
The Customer becomes bankrupt, enters liquidation, or has a receiver appointed over their assets.
Any account payable by the Customer remains unpaid for more than seven (7) days.
Any other reasonable cause, as determined at Onidel's sole discretion.
In addition to our right to terminate, we may suspend the Customer’s account without notice if it becomes overdue. Should we choose to reconnect the account—which we are not obligated to do—the Customer will be required to pay the applicable reconnection fee.
Privacy
These Terms and Conditions include and incorporate the Onidel privacy policy available HERE.
Complaints
If you have a complaint or issue with our service, we encourage you to contact us. We will acknowledge your message within 3 working days of receipt and will make every reasonable effort to respond to your concerns within 7 working days. Our goal is to resolve your complaint as quickly as possible. If you are not satisfied with our proposed resolution, please let us know. We are open to further discussion and can advise you on third-party resolution options that may be available to you, depending on the situation.
You can reach out to us at https://onidel.com/contact
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