TERMS AND CONDITIONS

Billing Policy

The following Billing Policy must be agreed to by the Customer when ordering a subscription or hosting package from Golive ID. By agreeing to our Billing Policy, you are also agreeing to our Privacy Policy.

All charges are shown in Australian Dollars. Payments are to be made in Australian Dollars (AUD).

Golive ID has two payment options:

1. Credit Card

2. EFT/Direct deposit

NOTE : Your order will not proceed until your payment is received.

If you provide Golive ID your credit card information, you authorise Golive ID to automatically charge your credit or debit card for charges that apply to your account. Golive ID will automatically charge your credit card or debit your account with all charges that apply on the anniversary of each billing period, depending on the date and billing period of your sign-up. You are responsible for directly updating, or notifying Golive ID, of any changes to your credit card (including, but not limited to card number, expiration date, billing address, or card status).

Customers not paying by (EFT) or Credit Card agree to make payment of their balance due strictly on the due date of their Billing Invoice. Invoices are sent to all clients 14 days before due date.

Accounts that are thirty (30) days past due will be automatically suspended. All past due and unpaid balances are subject to collection. In the event of collection, you will be liable for costs of collection including legal fees, court costs, and collection agency fees.

Billing Cycles

Golive ID offers two Billing Cycles for hosting charges:
1. Monthly 2. Yearly (12 months).

The Billing Cycle begins on the first day you sign up unless otherwise stated.

You may elect to change your Billing Cycle at any time; however, the new Billing Cycle will only take effect at the time of the next plan renewal. All additional features added to an account are charged at the time and date of purchase.

Account Renewals

In order to ensure uninterrupted service to your website, all subscription plans will automatically renew at the end of the plan’s Billing Cycle. Plan renewal charges are based on the prevailing rate on the date of renewal according to the service selected. Plans are renewed for the same billing cycle. If you wish to cancel your plan before the plan renewal, please refer to the Cancellation section below.

Statements

Golive ID does not mail paper invoices or statements. All billing statements and invoices are sent via email to the customers’ nominated email addresses.

Credit Card Charge Back A $33.00 chargeback fee will be assessed for each credit card chargeback received by Golive ID.

Direct Bank Deposit – Golive ID does NOT charge fees for accepting payment via direct bank deposit.

Our banking details are :
Bank: National Australia Bank
ACC Name: Kempire Group T/A Golive ID
BSB : 083-004
A/C No : 716804100

For international customers, cheques and money orders must be drawn in Australian Dollars. International wire transfers may be assessed a $33.00AUD processing fee by an intermediary bank. In addition, your issuing bank may also charge a fee for sending the wire. Please add these fees to the amount that you are sending to Golive ID or the amount credited to your account will be less than your intended payment.

Reactivation after suspension

Customers that wish to reactivate a closed account will incur a $33.00 reactivation fee. A further $75.00 fee may be assessed if Golive ID is required to restore your data files to your reactivated account.

Hosting Plan Changes

There are no upgrade fees for upgrading or downgrading to a different plan.

Cancellations

Subscription and Hosting plans will automatically renew until a plan is cancelled. Cancellation of service requests must be submitted using your account management login here at our Terms & Conditions This is the only method available for Account Cancellations.

Cancellation requests must be received by Golive ID a minimum of thirty (30) days prior to the end of your Billing Cycle. Cancellations submitted later than this time may result in automatic renewal of your hosting plan. Cancellations become effective on the day processed by Golive ID. Golive ID is unable to cancel your account effective for a future date. Golive ID will confirm the cancellation request when it is processed. If you do not receive a confirmation, please contact Golive ID as soon as possible.

Golive ID does not monitor, and will not automatically cancel, plans for problems related to domain name transfers, non-usage, Internic, your ISP, or any other secondary issues not directly related to Golive ID’s services. Cancellation of services does not relieve the customer from paying any outstanding balance owed on the account. Golive ID reserves the right to cancel any account, at any time, without notice, for any reason contained in our Terms & Conditions or Acceptable Use Policy as Golive ID considers appropriate.

Credit Card Chargebacks

Golive ID has a zero tolerance policy for chargeback. Any customer who disputes a credit card payment is subject to a fine, suspension and account termination at Golive ID’s discretion. A charge of $33.00 per chargeback will be assessed to all accounts that receive a chargeback.

Miscellaneous

Golive ID’s policies and prices are subject to change without notice. Any price changes become effective in the next billing cycle.

ACCEPTABLE USE POLICY

ACCEPTABLE USE POLICY (AUP)

This Golive ID Acceptable Use Policy (“AUP”) describe the proper kinds of conduct and prohibited uses of Golive IDs hosting services (the “Services”). This AUP is not exhaustive and Golive ID reserves the right to modify this AUP at any time, effective upon posting of the modified AUP at Golive ID website. By registering for and using the Services, and thereby accepting the terms and conditions of this AUP, you agree to abide by these conditions as modified from time to time. Any violation of the AUP may result in the suspension or termination of your account or such other action, as Golive ID deems appropriate.

IMPORTANT NOTE – Golive ID has the right to discontinue service, or deny access to anyone who violates our Policies or the terms and conditions shown below WITHOUT WARNING OR PRIOR NOTICE. No refunds or fees paid will be made if account termination is due to violation of the terms outlined below.

SERVER ABUSE

Any attempt to undermine or cause harm to a server, or customer, of Golive ID is strictly prohibited. Unauthorised use of other people’s accounts or computers Golive ID will strongly react to any use or attempted use of an Internet account or computer without the owner’s authorisation. Such attempts include “Internet scamming” (tricking other people into releasing their passwords), password robbery, security hole scanning etc.

Any unauthorised use of accounts or computers by a Golive ID customer, whether or not the attacked account or computer belongs to Golive ID will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack.

Customers may not run IRC, bots or clients on shared servers. Unacceptable uses also include, but are NOT limited to: Bulk emailing, unsolicited emailing, newsgroup spamming, pornographic content, illegal content, copyright infringement, trademark infringement, warez, cracks, software serial numbers, and/or anything else determined by Golive ID to be unacceptable use of Golive ID services including abuse of server resources.
All hosting accounts may be terminated that include the following content or which have links to the following content:

Providing material that is grossly offensive to the Web community including blatant expressions of bigotry, racism or hatred.
Promoting or providing instructional information about illegal activities, or promoting physical harm or injury against any group or individual.
Displaying material that exploits children under 18 years of age.
Acts of copyright infringement including offering pirated computer programs or links to such programs, information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities.

UNSOLICITED EMAIL (Spam)

Spamming, or the sending of mass unsolicited email, from or through a Golive ID server or using an email address that is maintained on a Golive ID machine is STRICTLY prohibited. Golive ID will be the sole arbiter as to what constitutes a violation of this provision. If you engage in any of the foregoing activities using the service of another ISP, but channelling activities through a Golive ID server as a mail drop for responses, you are in violation. If you are found in violation, then we will immediately without warning, disable your domain. Golive ID takes a zero-tolerance approach to spam originating from our servers or for spam advertising of domains hosted on our servers.

Mail may not be used to harass or intimidate others. Harassment, whether through language, frequency of messages, or size of messages, is prohibited. Sending a single unwelcome message may be considered harassment. If a recipient asks to stop receiving e-mail, you must not send that person any further messages.

NOTE: If you use the services of another provider (including but not limited to the use of address lists obtained from a third party vendor or provider) to promote a web site hosted by or through Golive ID (spamvertising), then the provisions of the above Policy shall apply as if the spam were sent through our servers.

PENALTY: Depending on the severity of your SPAMMING, Golive ID reserves the right to charge you between $1.00 – $100.00 PER SPAM sent through our network. Your web site content will also be confiscated and it will NEVER be returned to you.

CGI SCRIPTS

Each shared Unix web hosting account comes with its own cgi-bin, in which you are free to use any* CGI scripts you wish.
*See the Server Resource Abuse section.

SERVER RESOURCE ABUSE

Shared server accounts are limited in use of the amount of server resources. Shared server resource abuse includes any process or service usage that affects normal shared server operation, resources or connectivity, and which causes a server to become overloaded. Shared server resources include CPU and memory usage, number of concurrent processes, number of concurrent port or database connections and total bandwidth. Golive ID will be the sole arbiter as to what constitutes a violation of this provision. Possible causes of server resource abuse include, but are not limited to, the use of: CGI, Perl, Sendmail, mySQL, MSSQL, PHP, ASP, COLDFUSION, HTTP, SMTP, POP3 and FTP. Shared server accounts are NOT allowed to send more than 2000 emails per day. If server resource abuse is detected, possible actions include, but are not limited to: disabling of the offending script or scripts, disabling of the specific service, disabling of the entire account or account cancellation. If server overload is a result of server resource abuse, these actions will be taken without prior notice or warning.

EMAIL LISTS AND QUANTITY

We do not allow clients to send more than 2000 pieces of e-mail per day from a shared hosting account. If you do send more than 2000 pieces of e-mail per day, your account will be placed on hold for Network Abuse. If you are sending legitimate e-mails and they total more than 2000 per day your account will be moved to a special server that is specifically designed to handle high volumes of e-mail. You will be charged $25.00/month in addition to your regular hosting charges if your account is moved to this server. Please contact support @ realworldmedia.com.au

IRC

We do not allow IRC, IRC clients or IRC bots to be operated on any of our servers. In addition, IRC servers are not permitted on our network. Anyone found to be in violation of this policy risks immediate account termination.

EXCESSIVE USE/OVERAGES

You will not exceed the bandwidth, storage and E-mail usage limits outlined by your particular web hosting package. If you use any bandwidth or storage space in excess of the agreed upon number of megabytes per month or if you exceed E-Mail storage and attachment size limitations, Golive ID may, in its sole discretion, assess you with additional charges. If Golive ID elects to take any corrective action, Golive ID will not refund any unused pre-paid fees. Your use of your account and access to it is your responsibility. You are responsible for any unauthorised access to your account resulting in bandwidth, storage and/or E-mail usage exceeding the limits outlined in your particular web hosting package specifications and resultant charges. Bandwidth overages are currently billed at $14.00 per 1GB per month. Disk space overages are currently billed at $5.00 per 250MB per month.

PAYMENT POLICIES

All accounts are set up on a pre-pay basis. If there are a setup fees charged, they are non-refundable. All pricing is guaranteed for the term of pre-payment. Golive ID reserves the right to change prices at any time, unless other terms have been agreed upon. Any account not brought current within a week (7 days) of e-mail notice or exceeding this time frame in any way is subject to suspension. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies Golive ID of the request for termination of services. All taxes, fees and governmental charges relating to the Services provided hereunder (other than income taxes of Golive ID ) shall be paid by Customer. Golive ID accepts paper cheques from customers for payment of web hosting services and fees associated with your account with the onus being with the client to ensure payment has been cleared to the account prior to the renewal or expiry date for that account.

CANCELLATION

Golive ID reserves the right to cancel service at any time. All fees paid in advance of cancellation will be pro-rated and paid by Golive ID if Golive ID institutes its right of cancellation. Any violation of policies which results in extra costs will be billed to the customer (i.e. transfer, space etc.)

LIABILITY AND OBLIGATIONS ON CANCELLATION

If the Agreement expires or is cancelled for any reason, Golive ID is not liable to you because of the expiration or cancellation for compensation, reimbursement or damages on account of the loss of prospective profits, anticipated sales, goodwill or on account of expenditures, investments, leases or commitments in connection with your business, or for any other reason whatsoever flowing from the termination or expiration. If you terminate this Agreement, Golive ID will not relieve you of any obligations to pay fees and costs accrued before the termination date or any other amounts you owe to Golive ID under this Agreement.

MATERIAL AND PRODUCT REQUIREMENTS

You must ensure that all material and data placed on Golive ID equipment is in a condition that is “server-ready,” which is in a form requiring no additional manipulation by Golive ID , Golive ID will make no effort to validate any of this information for content, correctness or usability. If your material is not “server-ready”, Golive ID may reject this material. Golive ID will notify you of its refusal of the material and afford you the opportunity to modify the material to satisfy Golive ID ‘s requirements. Use of the Services requires a certain level of knowledge in the use of Internet languages, protocols and software. This level of knowledge varies depending on the anticipated use and desired content of your Web site. You must have the necessary knowledge to create and maintain a Web site. Golive ID does not provide this knowledge or customer support outside of the Services available for training and Support as designated on the Golive ID website.

INTELLECTUAL PROPERTY RIGHTS

Material accessible to you through Golive ID’s services may be subject to protection under the Australian or other copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use Golive ID or its servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the Golive ID network. If you use a domain name in connection with Golive ID or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.

NETWORK SECURITY

Customers may not use the Golive ID network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorised to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization’s security policy. Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. Golive ID will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability. You are solely responsible for any security breaches affecting servers or accounts under your control. If your server or website is responsible for or involved in an attack on or unauthorised access into another server or system, Golive ID will shut it down immediately. You will pay any charges resulting from the cost to correct security breaches affecting Golive ID or any of its other customers.

ELECTRONIC COMMERCE

You will be solely responsible for the development, operation and maintenance of your online store and products and all contents and materials appearing online or on your products, including without limitation

  • The accuracy and appropriateness of content and materials appearing within the store or related to your products,
  • Ensuring that the content and materials appearing within the store or related to your products do not violate or infringe upon the rights of any third party, and
  • Ensuring that the content and materials appearing within the store or related to your products are not libellous or otherwise illegal.
  • Be solely responsible for the final calculation and application of shipping and sales tax.
  • Be solely responsible for accepting, processing, and filling any customer orders.
  • For handling any customer inquiries or complaints arising there from.

You are also responsible for the security of any customer credit card numbers and related customer information you may access as a result of conducting electronic commerce transactions through your Web Site. You will keep all such information confidential and will use the same degree of care and security as you use with your confidential information.

MAINTENANCE OBLIGATIONS

In the case of a website being compromised by malicious code and, or malware, the website in question may be removed immediately from our servers where any risk is open to other clients located on the same server. It is the clients responsibility to have the website restored and all malicious code and malware removed, before it is reloaded onto the Golive ID Server. All charges associated with this are solely the responsibility of the client not Golive ID. Those charges include but may not be limited to, malware removal, removal of malicious code, updating of CMS and plugin software, restoration of website back on to Golive ID Server.

Where a customer is using a Maintenance Package from Golive ID, which includes Updates to CMS software, components, extensions, modules and plugins – this does not guarantee the safety of said website from being infected by malicious code or malware. The client is liable for all fees involved with repairing the said website and restoring the website to the Golive ID servers. These fees may be waived at the sole discretion of Golive ID.

STATIC / DYNAMIC CONTENT CACHING

You expressly (i) grant to Golive ID a license to cache the entirety of your Web Site, including content supplied by third parties, hosted by Golive ID under this Agreement and (ii) agree that such caching is not an infringement of any of your intellectual property rights or any third party’s intellectual property rights.

TORTUROUS CONDUCT

Any abuse towards any Golive ID or associated companies will not be tolerated. You are expected to request and respond to support and other issues in a professional manner, when emailing Golive ID or utilising the Ticket Desk Support System, refrain from using capital letters, exclamation points, and other forms of written yelling. Any cursing, yelling, or further intentional disruptive behaviour aimed at Golive ID or associated companies or its employees shall be considered a violation of this TOS.

Any threat; whether verbally, orally, written, or delivered by second parties directed towards Golive ID or associated companies or any of it’s employees, partners, equipment, and concerns shall be construed as a violation of this TOS. Any conduct viewed as violating this section shall be considered a violation of this TOS. Golive ID or associated companies will be the sole arbitrator in regards to what is deemed a violation.

No refunds shall be given when the contents of this section necessitates removal of the account.

IP ADDRESS OWNERSHIP

Golive ID shall maintain and control ownership of all IP numbers and addresses that may be assigned to you by Golive ID and Golive ID reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.

DOMAIN NAME REGISTRATION

Customer agrees to pay Golive ID prior to the effectiveness of the desired domain name registration, the then-current amounts set forth in the Golive ID price schedule for the initial registration of the domain name and, should Customer choose to renew the registration, subsequent renewals of the registration. All fees are non-refundable, in whole or in part, even if Customer’s domain name registration is suspended, cancelled or transferred prior to the end of Customer’s then current registration term. Golive ID reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. Customer’s requested domain name will not be registered unless and until we receive actual payment of the registration fee, and have confirmed Customer’s registration in an email from Golive ID to the email address indicated in Customer’s registration application. In the event of a charge-back by a credit card company (or similar action by another payment provider allowed by Golive ID) in connection with the payments of the registration fee for Customer’s domain name registration, Customer agrees and acknowledges that the domain name registration shall be transferred to Golive ID as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. Golive ID will reinstate Customer’s domain name registration solely at Golive ID’s discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee.

LAWFUL PURPOSE

Golive ID reserves the right to refuse service to anyone. Customers may only use Golive ID server for lawful purposes. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. The designation of any materials as such described above is left entirely to the discretion of Golive ID management. Regardless of the place of signing this agreement, the client agrees that for purposes of venue and jurisdiction this contract was entered into and performed in Victoria, Australia and any dispute will be litigated or arbitrated in Victoria, Australia. Customer further waives all objections to venue or jurisdiction and acknowledges that venue and jurisdiction in any such litigation will be held in Victorian Courts.

INDEMNIFICATION

CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD Golive ID HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY’S FEES ASSERTED AGAINST Golive ID, ITS AGENTS, ITS CUSTOMERS, OFFICERS AND EMPLOYEES, THAT MAY ARISE OR RESULT FROM ANY SERVICE PROVIDED OR PERFORMED OR AGREED TO BE PERFORMED OR ANY PRODUCT SOLD BY CUSTOMER, IT’S AGENTS, EMPLOYEES OR ASSIGNS. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS Golive ID AGAINST LIABILITIES ARISING OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH Golive ID’S SERVER; (2) ANY MATERIAL SUPPLIED BY CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY; (3) COPYRIGHT INFRINGEMENT AND (4) ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM Golive ID’S SERVER.

DISCLAIMER

Golive ID WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. Golive ID MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. Golive ID DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY Golive ID AND ITS EMPLOYEES. Golive ID RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME.

ALL SUB-NETWORKS, RESELLERS AND DEDICATED SERVERS OF Golive ID MUST ADHERE TO THE ABOVE POLICIES. FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT DEACTIVATION.

AGREEMENT

The client agrees that the abovementioned Acceptable Use Policy constitutes the full and complete understanding between Golive ID and the client of the obligations and responsibilities of both parties to the other.

Service Level Agreement

SLA (Service Level Agreement)

This Golive ID Service Level Agreement (SLA) applies to all dedicated servers. Client agrees that Golive ID internal measurements establish the eligibility for any applicable Performance Credit. In the event that Client determines that a discrepancy in such measurement exists, Client shall promptly notify Golive ID and Golive ID and Client will mutually agree upon the validity and accuracy of the measurement, and upon Clients eligibility for any applicable Performance Credits. This SLA may be amended at any time by Golive ID.

1. Definitions.

1.1. Full Managed Services (Full Managed Services) is defined as security audits, application and software updates, user management, and software installs on the dedicated server to be performed by Golive ID for the client. Golive ID will maintain the server and provide monthly System Administration to the server. Special requests for Administration on the server will be completed within 72 hours of request and be made by the client or authorized agent working for the client. All services performed on the dedicated server are subject to $95.00 per hour labour fee. Full Managed Service does not allow root or administrator access to the server.

1.1.1 Managed Services (Managed Services) is defined as a monthly system overview by a System Administrator. Golive ID will perform a set of performed checks, audits, and reports on the server and provide monthly e-mail regarding your server. This service is to provide the clients with knowledge and overview of the server. From time to time security updates, application patches, and System Administration may be performed free of charge. In addition to these services System Administrator may make recommendations to improve the overall performance, security, and updates to the service. At the sole discretion of the System Administrator any installation, configuration, or tuning of the server may be considered billable. Golive ID agrees to provide Client with notification during monthly report on what items are “free of charge” and what items are “billable”. To participate in Managed Services Client agrees to maintain an updated username and password with FULL rights to the server.

1.1.2 Unmanaged Services (Unmanaged Services) is defined as servers that are rented to Clients. Golive ID performs no maintenance, security checks, and user management for the client. Golive ID will perform system administration on a per incident basis. All services performed on the server come without warranty or guarantee. All service performed on the dedicated server are subject to a $95.00 an hour labour fee.

1.1.3 Co-Location Services (“Co-Location Services”) is defined as servers that are property of the Clients with rackspace, bandwidth, and Ethernet ports, which are rented on a monthly basis. All services performed on the server come without warranty or guarantee. Client is responsible for supplying replacement parts, hot swappable hardware and software media. All services performed on the Clients servers are subject to a $95.00 an hour labour fee. Clients that use Golive ID have an option to participate in Managed Services. This is subject to the approval of a Golive ID Administrator and an additional monthly fee.

1.2. Golive ID Network (Golive ID Network) is defined as the equipment, software and facilities within Golive ID network segment, including Golive ID contracted ISP service to which Golive ID network segment is connected, collectively used by Golive ID to provide the service.

1.3. Service Availability (Service Availability) is the total time in a calendar month that the Golive ID is available through the Internet, provided that Client has established connectivity. Golive ID takes responsibility for the Service Availability within their network, and cannot be held liable for upstream problems. The Golive ID Network will be available to clients free of Network Outages for 100% of the time, exclusive of server reboots.

1.4. Service Downtime (“Service Downtime”) is any unplanned interruption in Service Availability during which Client is unable to access the services as described in section 1.3 above that is determined to have been caused by a problem in Golive ID Network as confirmed by Golive ID. Service Downtime is measured as the total length of time of the unplanned interruption in Service Availability in a calendar month. Golive ID provides direct support and expertise in the software it provides, any unplanned outages due to software failure are the direct responsibility of the software publisher and not of Golive ID.

1.5. Scheduled Service Downtime (Scheduled Service Downtime) is any Golive ID interruption of Managed Services. Scheduled Service Downtime occurs during Golive ID standard server maintenance window, which occurs with a 24-hour notice to the Client via e-mail.

1.6. Performance Credit (Performance Credit) occurs when 100% network uptime is not met. Golive ID will refund 10% of your monthly fee for a network service outage equal to or greater than 60 continuous minutes. After an additional 60 minutes, we will refund another 10%, for a total of 20% of your monthly fee. To receive your credit for a qualified network service outage you must open a ticket with our support department during the downtime. The following information must be included in your email: Company Name, Account Number, Daytime Contact information and Date/Time of outage. Requests for credit following any service outage will not be granted nor will any credit be issued without a prior ticket having been opened. NO EXCEPTIONS.

1.7 Monitoring Service (Monitoring Service) is the service Golive ID provides and monitors TCP/IP based ports and applications through its internal monitoring service. To participate in this, Golive ID must have valid system administrator access to repair the server in the event of a service/daemon failure.

1.8 Optional Billable System Administration (“Billable System Administration”) is operation, configuration, performance tuning, security configurations, and any interaction with the Operating System or software installed on the server beyond default configuration. Support provided to the client that requires Golive ID to login to the server can be considered Billable System Administration. Fees for this service are billed out at a $95.00 minimum charge with hourly rates of $95.00/HR if required.

2. Service Downtime Performance Credit.

2.1. In the event of Service Downtime in which monthly Service Availability is less than 100%, Client will receive a Performance Credit as described in section 1.6 of this document.

3. Service Exclusions.

3.1. This SLA does not cover Service Downtime caused by problems in the following:

3.1.1. Clients local area network.

3.1.2. Client-provided Internet connectivity or end-user software.

3.1.3. Anything inside Clients internal network including, but not limited to, firewall configuration and bandwidth to internet, local area workstations, servers, software, and configuration.

4. Service Downtime Exclusions.

4.1. The following are excluded from the monthly calculation of Service Availability:

4.1.1. Any utilized Scheduled Service Downtime.

4.1.2. Any problems outside Golive ID Network.

4.1.3. Any interruptions, delays or failures caused by Client or Clients employees, agents, or subcontractors, such as, but not limited to, the following:

4.1.3.1. Server reboots.

4.1.3.2. Non-compliant use of any software installed on the server.

4.1.3.3. Client initiated server over-utilization.

4.1.3.4. Any problems related to the attacks on the machine such as hacking, attacks, and exploits.

5. Billable System Administration which is defined in section 1.8 includes the following.

5.0.1 System Administration of the client’s server.

5.0.2 Software installations performed by Golive ID

5.0.3 Virus and Security Scans of the server.

5.0.4 Configuration of the Operating System, web Server, and custom software installed on the server.

5.0.5 Security Audit and reports of the server.

5.0.6 Patches, Upgrades, and Service Pack installations.

Account Cancellation Process

Account Cancellation Process


How do I cancel my Golive ID account/services?

We hope that you won’t ever cancel your account – but of course sometimes needs and circumstances change and you may need to do so in the future.

Cancellations

Cancellation of service requests must be lodged using your Client Area at http://clients.goliveid.com/clientarea.php and navigate to the Account Cancellation form located under Services -> My Services, Open View Details to the account in question. Under Management Actions select Account Cancellation and fill in the appropriate information.

This is the only process open to cancel an account

Cancellation requests must be received by Golive ID a minimum of two (15) days prior to the end of your Billing Cycle. Cancellations submitted later than this time will result in automatic renewal of your hosting or website package plan. Cancellations become effective on the day processed by Golive ID. Golive ID will confirm the cancellation request when it is processed. If you do not receive a confirmation, please contact Golive ID as soon as possible.

Any payments already collected (in advance) for months not yet used will be refunded to you, however, payments received for the current month will be non-refundable. Our staff will take the appropriate steps to reconcile your account and cancel your services on the date you’ve nominated. Please also note that Golive ID do not credit partially-used months of service.

Golive ID does not monitor, and will not automatically cancel, plans for problems related to domain name transfers, non-usage, Internic, your ISP, or any other secondary issues not directly related to Golive ID’s services. Cancellation of services does not relieve the customer from paying any outstanding balance owed on the account. Golive ID reserves the right to cancel any account, at any time, without notice, for any reason contained in our Terms & Conditions or Acceptable Use Policy as Golive ID considers appropriate.

Billing Policy

Billing Policy

The following Billing Policy must be agreed by the Customer when ordering a hosting package from Golive ID. By agreeing to our Billing Policy, you are also agreeing our Acceptable Use Policy and our Privacy Policy.

All charges are shown in Australian Dollars. Payments are to be made in Australian Dollars (AUD).

Golive ID has three payment options:

1. Credit Card
2. Cheque / Money Order
3. Bank Transfer / EFT

NOTE : Your order will not process until your payment is received.

If you provide Golive ID your credit card information, you authorise Golive ID to automatically charge your credit or debit card for charges that apply to your account. Golive ID will automatically charge your credit card or debit your account with all charges that apply on the anniversary of each billing period, depending on the date and billing period of your sign-up. You are responsible for directly updating, or notifying Golive ID, of any changes to your credit card (including, but not limited to card number, expiration date, billing address, or card status).

Customers not paying by Electronic Transfer or Credit Card agree to make payment of their balance due strictly on the due date of their Billing Invoice. Invoices are sent to all clients 14 days before due date.

Accounts that are thirty (30) days past due will be automatically suspended. All past due and unpaid balances are subject to collection. In the event of collection, you will be liable for costs of collection including legal fees, court costs, and collection agency fees.

Billing Cycles

Golive ID offers four Billing Cycles for hosting charges:
1. Monthly 2. Quarterly (3 months) 3. Six Monthly (6 months) 4. Yearly (12 months).

The Billing Cycle begins on the first day you sign up.
You may elect to change your Billing Cycle at any time; however, the new Billing Cycle will only take effect at the time of the next plan renewal.All additional features added to an account are charged at the time and date of purchase. Additional items are non-refundable.

Account Renewals

In order to ensure uninterrupted service to your website, all plans will automatically renew at the end of the plan’s Billing Cycle. Plan renewal charges are based on the prevailing rate on the date of renewal according to the service selected. Plans are renewed for the same billing cycle. If you wish to cancel your plan before the plan renewal, please refer to the Cancellation section below.

Statements

Golive ID does not mail paper invoices or statements. All billing statements and invoices are sent via email to the customers designated email address.

Returned Cheques

Golive ID charges a $33.00 fee for returned cheques. Customers that issue a cheque that is returned will be required to submit future payments with bank cheque or money order, or alternatively convert to Credit Card Payments.

Credit Card Charge Back – A $33.00 chargeback fee will be assessed for each credit card chargeback received by Golive ID.

Direct Bank Deposit – Golive ID does NOT charge fees for accepting payment via direct bank deposit.

Our banking details are :
Bank: Westpac
ACC Name: 3 Steps PTY LTD / Golive ID
BSB : 033-070
A/C No : 42-5144

For international customers, cheques and money orders must be drawn in Australian Dollars. International wire transfers may be assessed a $33.00AUD processing fee by an intermediary bank. In addition, your issuing bank may also charge a fee for sending the wire. Please add these fees to the amount that you are sending to Golive ID or the amount credited to your account will be less than your intended payment.

Reactivation after suspension

Customers that wish to reactivate a closed account will incur a $33.00 reactivation fee. A further $75.00 fee may be assessed if Golive ID is required to restore your data files to your reactivated account.

Hosting Plan Changes

There are no upgrade fees for upgrading or downgrading to a different plan.

Cancellations

Hosting plans will automatically renew until a plan is cancelled. Cancellation of service requests must be submitted using your account management login here at our Terms & Conditions This is the only method available for Account Cancellations.

Cancellation requests must be received by Golive ID a minimum of two (15) days prior to the end of your Billing Cycle. Cancellations submitted later than this time may result in automatic renewal of your hosting plan. Cancellations become effective on the day processed by Golive ID. Golive ID is unable to cancel your account effective for a future date. Golive ID will confirm the cancellation request when it is processed. If you do not receive a confirmation, please contact Golive ID as soon as possible.

Golive ID does not monitor, and will not automatically cancel, plans for problems related to domain name transfers, non-usage, Internic, your ISP, or any other secondary issues not directly related to Golive ID’s services. Cancellation of services does not relieve the customer from paying any outstanding balance owed on the account. Golive ID reserves the right to cancel any account, at any time, without notice, for any reason contained in our Terms & Conditions or Acceptable Use Policy as Golive ID considers appropriate.

Credit Card Chargebacks

Golive ID has a zero tolerance policy for chargeback. Any customer who disputes a credit card payment is subject to a fine, suspension and account termination at Golive ID’s discretion. A charge of $33.00 per chargeback will be assessed to all accounts that receive a chargeback.

Miscellaneous

Golive ID’s policies and prices are subject to change without notice. Any price changes become effective in the next billing cycle.

Privacy Policy

Golive ID Privacy Policy

Golive ID is committed to internet privacy. The following discloses our policies concerning the gathering and sharing of information through this website. In brief, our policies are:

  • We monitor general trends in the use of our website but we do not track individual visitors.
  • We do not collect information concerning individual visitors unless that information is voluntarily disclosed, for example by filling out an on-line information form.
  • We do not share the information voluntarily disclosed to us with any other organization.
  • Individuals who voluntarily disclose information through our on-line forms will only be contacted for purposes related to the work of Golive ID.
  • At any time, users who have signed up for a specific service can have their names removed from the relevant mailing list.

For further information, please see below.

What Information Do We Collect?

When you visit our Web site you may provide us with two types of information: personal information you knowingly choose to disclose that is collected on an individual basis and Web site use information collected on an aggregate basis as you and others browse our Web site.

Personal Information You Choose to Provide.

You will provide us information about yourself, your firm or company, and your practices when you register to be a member of Golive ID, register for certain services, or register for email newsletters and alerts. You may also provide additional comments on how you see Golive ID servicing your needs and interests.

Personally identifiable information that you provide in this way will not be given to any other organization. Golive ID does not sell, rent or exchange e-mail addresses. Nor does Golive ID disclose any financial information to partners or any other third parties.

Notice of New Services and Changes

Occasionally, we may also use the information we collect to notify you about important changes to our Web site, new services and special offers we think you will find valuable. As our customer, you will be given the opportunity to notify us of your desire not to receive these offers by sending an email to support @ realworldmedia.com.au

Security

This site has security measures in place to protect the loss, misuse and alteration of the information under our control. Golive ID makes every effort to insure the secure collection and transmission of sensitive user information using industry-accepted data collection and encryption methodologies. However, your confidential use of this site cannot be guaranteed by Golive ID. Golive ID shall not be responsible for any harm that you or any person may suffer as a result of a breach of confidentiality in respect to your use of this site or any information you transmitted to this site.

For additional information please send an email to helpdesk @ goliveid.com

Terms Of Service

Terms of Service

The following Terms of Service Policy must be agreed by the Customer when ordering a hosting package from Golive ID. By agreeing to our Terms of Service, you are also agreeing our Acceptable Use Policy , Privacy Policy and our Billing Policy.

Customer is not permitted to store, resell or give away their website to any other person whilst under a contract with Golive ID.

Should the Customer wish to terminate their Golive ID account, they must log into their account in Golive ID Client Area and complete the official Request Cancellation form located under details of the relevant account and Management Actions / Request Cancellation.

On closing a Golive ID account all data on the server will be deleted. Please ensure you have a full backup of everything stored before cancelling, as we will not be able to reclaim this data.

Customer is recommended to backup all data stored on our servers, as it is not guaranteed to be backed up by Golive ID.

Golive ID are not liable for any loss, damage or change to customer’s data on the server caused by misuse, unavailability or removal of service.

Customer is solely responsible for the entire content of their website. Please ensure you agree with the Acceptable Use Policy and that your website reflects the instructions set out by Golive ID.

The Customer agrees to keep all PHP and CGI scripts up to date with the latest release or stable versions as directed by the publisher or developer. Failure to do this may result in security vulnerabilities leading to your Service being compromised, defaced or destroyed.

In the case of a website being compromised by malicious code and, or malware, the website in question will be removed immediately from our servers. It is the clients responsibility to have the website restored and all malicious code and malware removed, before it is reloaded onto the Golive ID Server. All costs associated with this are solely the responsibility of the client not Golive ID. Those costs include but may not be limited to, malware removal, removal of malicious code, updating of CMS and plugin software, restoration of website back on to Golive ID Server.

The client will not be entitled to any reimbursement of hosting costs or other website package costs during the time that their website is offline. Golive ID can provide all of the above services at a cost to the client.

Where a customer is using a maintenance package from Golive ID, which includes Updates to CMS software and plugins. This still does not guarantee the safety of said website from being infected by malicious code or malware. The client is still liable for all costs involved with repairing the said website and restoring the website to the Golive ID servers. These fees may be waivered at the sole discretion of Golive ID.

Should the customer exceed their bandwidth limit shown on chosen package, which then reaches the point where it has an adverse effect on our other Golive ID Customer we reserve the right to disable the website until you can reduce the usage. Any bandwidth overage charges will be billed at the end of the month for accounts that exceed their bandwidth allocation, at a rate as stated in our policy per gigabyte (GB), rounded up, per month. We will email you around the time you reach your limit, although we are not responsible for email messages you do not receive.

As the customer, you are responsible for all the data contained within your website. You must ensure you have obtained any permission needed for any of the data, Golive ID are not liable for any consequence should it arise.

Client Responsibility

Golive ID acts in good faith to create a backup copy of each Customer’s account on a regular basis. However, these copies are intended for the Company internal use only. The Customer is solely responsible for making backup copies of his/her web site and content, associated with the Customer’s account, such as email messages, SQL databases, etc. Golive ID has no liability or obligation to create, store or provide any backup copy to the Customer website and other content.

Golive ID cannot be and will not be liable for any damage, loss of data, loss of use or other loss occurring because of lack of a copy of Customer’s website and other content or having an outdated back up copy of Customer’s website and other content. Golive ID cannot be held liable for any damages caused by loss of data, the reasons for which include but are not limited to Internet connectivity problems, electricity outage, hardware failure, software failure, human mistake and force majeure events like fire, flood, other natural disasters and acts of God, labour disputes, accidents, acts of war or terrorism, failure of any third party to perform any commitment, etc. In these and all other cases the Customer will be solely responsible for making and storing his/her own backup copies of the data, associated with the Customer’s hosting account as well as restoring any missing data and information. Golive ID shall not be liable for the time period needed for the Customer to restore the backup information to his hosting account and shall have no obligation to notify the Customer in the event that the Customer’s account content needs to be restored.

Golive ID has security measures in place to protect the loss, misuse and alteration of the information under our control with the ultimate responsibility for all data copies and information being the sole responsibility of the client.

A back up facility and restoration facility is serviced by Golive ID and any restoring of data from files located on the Golive ID servers will incur a minimum fee of $75.00 on each occasion the facility may be requested.

Backup and Restore facilities are available from the supplied hosting service.