All
Terms and Conditions of this TOS (Terms of Service),
AUP (Acceptable Use Policy) and Billy Policy may be
modified at our sole discretion without prior notice.
Changes to this TOS does not constitute grounds for
early contract termination or non-payment. Please
check back regularly for any updates.
These terms are also fully enforced next to your term
contract, which must be agreed to before services
are rendered.
Use of Shine
Media Group Pty Ltd (Shine) services constitutes
acceptance and agreement to Shine Media Groups AUP
as well as Shine Media Groups TOS.
From herewith in this TOS, AUP, and SLA, the usage
of “us”, “we”, “our”,
“ours” shall constitute reference to
Shine , the usage of “you”, “your”,
“they”, “them” shall refer
to client /customer of Shine.
Acceptance of Contractual
Agreement
1.
Client agrees that by placing an order by submitting
a written contract, and receipt of such order by
Shine that you are agreeing to our TOS, AUP, and
SLA. No modifications of said contract by customer
is allowed.
2. Shine reserves
the right to change fees at any time.
3. Shine will
provide, and Customer will purchase and pay for,
the Services, and service fees specified in the
Order for the applicable Service Description. Customer
acknowledges that the service, and service fees
have been communicated to the customer, and that
they are aware of all applicable charges as per
contract, AUP, SLA, and TOS. Customer also understands
that any promotional offers unless specified in
contractual terms will not be applicable to their
individual service.
4. In connection
with any Hosting Services, if Customer’s actual
bandwidth usage in any month exceeds allotted amount,
specified in Customer’s contract, Customer's
account will be suspended until the first of the
following month unless user chooses to pay Shine
any additional fees as specified in the Service
Description.
5. Shine is
not responsible for lost revenue, traffic or data
caused by server downtime or failure, domain name
transfers, or any other error - mechanical or human.
Payment
Establishment of this service is contingent upon
receipt of payment from Customer to Shine. Subsequent
payments are due on the anniversary date of each
3 months for monthly contracts and each year for
yearly contracts. Any setup fees will be charged
full setup fee pricing, and are applied at time
of initial request of such services.
Payments and Fees
Invoices are sent on the anniversary date and due
no more than 3 days of receipt. You are required
to make your invoice payments when due. Invoices
that are not collectable by Shine will be turned
over to an outside agency for collection. If your
account is turned over for collection, you agree
to pay Shine “Processing and Collection”
Fee of not less than $150.00 nor more than $1000.00.
Delinquent
Accounts
Shine Media Group may temporarily deny service or
terminate this Agreement upon failure of Customer
to pay charges when due. Such termination or denial
will not relieve Customer of responsibility for
the payment of all accrued service fees, or any
collection fees.
Refunds
and Disputes
All payments to Shine are non-refundable.
This includes any setup fees and monthly fees regardless
of usage. All billing disputes must be reported
within 7 days of the time the dispute occurred.
Disputed charges to your credit card issuer, also
known as chargebacks, in Shine discretion which
is valid, under the terms and conditions of our
SLA, AUP, and TOS, will result in service interruption,
and reconnection fees to restore the desired service.
This agreement
shall be governed by the laws of Australia. Any
action in regard to this agreement or arising out
of its terms and conditions shall be instituted
and litigated in NSW, Australia. Each of the parties
consents to jurisdiction in such Court and agrees
that service of process as provided by the province
and rules of civil procedures of NSW, Australia
shall be sufficient.
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