Terms Of Service

Terms of Service

All services provided by Rubix Studios ABN 95 616 645 616 may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any Australian federal, state or local law is prohibited. This includes, but is not limited to copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret or another statute. The subscriber agrees to indemnify and hold harmless Rubix Studios from any claims resulting from the use of service which damages the subscriber or any other party.

Prohibited are sites that promote any illegal activity or present content that may be damaging to Rubix Studios servers, or any other server on the Internet. Links to such materials are also prohibited. If your account is found to contain illegal activity, pornography, illegal MP3 files, pirated software, hacker programs, warez programs, or any other illegal files, your account will be terminated immediately, without notice, and a $50.00 cancellation fee will apply. additionally, Rubix Studios will notify the proper authorities of your actions.

Traffic Usage

All our web hosting plans come with a predetermined amount of traffic allowance. We monitor all accounts and charge $1.00 for each GB of traffic exceeded. This amount is not prorated, meaning that 1MB or 1GB will be treated and billed as the same.

IRC

We currently do not allow IRC or IRC bots to be operated on our servers.

SSH Access

SSH Shell access may be provided upon request, this request may be denied without reason. SSH must not be used for any illegal or system abuse activities.

Server Abuse

Any attempt to undermine or cause harm to a server or customer of Rubix Studios is strictly prohibited. As our customer, you are responsible for all your accounts. Should you violate the Terms of Services outlined within, your account will be cancelled without the chance of a refund.

Refusal of Service

We reserve the right to refuse, cancel or suspend service, at our sole discretion. All sub-networks, distributive hosting sites and dedicated servers of Rubix Studios must adhere to the above policies, with the exception of system resources in respect to dedicated servers. If we decided to cancel or suspend your service at our discretion, we will provide at least 48 hours notice to enable you to move your data away.

FraudRecord

Rubix Studios utilises FraudRecord to screen new orders for previous fraudulent activity and report existing clients who violate our Terms of Service. In case of a violation, you may be reported to FraudRecord for misbehaviour using one-way hashed information.

Billing

By the Account Activation Date of each month, Rubix Studios shall either:

(1) debit the client’s credit/debit card (when such information has been provided by the client); or

(2) deliver, by e-mail, an invoice in accordance with the applicable Service Fees for services rendered for the current month.

When an invoice is delivered to the client, payment shall be remitted to Rubix Studios by no later than the specified payment due to date. Rubix Studios shall be entitled to immediately terminate this agreement for client’s failure to make timely payments. You will be provided with an invoice on a monthly basis. All credit cards are billed automatically on a monthly basis. It is the client’s responsibility to ensure that they have sufficient credit to cover this transaction. In the event that there is insufficient credit, we will send an e-mail notification, at which point we will need to be provided with another credit card account number within 24 hours. If we do not receive a response within 24 hours, the account, and all accounts under that account plan, will be suspended.

Service Fees

Certain services carry a setup fee charged by Rubix Studios to the client, which must be paid by the client in order to have use of said services. If client terminates this agreement, the client shall be responsible for any and all outstanding fees owed to Rubix Studios and agrees to pay any and all fees incurred by client. Because the services are provided on a monthly basis, the client will be responsible for service fees incurred each month, regardless of when the client provides notice of termination. Thus, for example, if the client provides notice of termination on the 15th day of a particular month, the client will be responsible for service fees for the entire month, and such fees will not be pro-rated or refunded. All advertised prices exclude GST unless mentioned otherwise.

Rubix Studios offers a strict 48-hour refund policy on all products and services except domains and promotional offers which are strictly non-refundable. Invoices that are not successfully paid for by the due date will automatically gain a 10% late fee on the original invoice amount 7-days from the due date.

Cancellation Refunds

We do not refund partial fees. We require 30 days notice for a cancellation.

Contracted Services/Products

Some of our services may be on a contract basis, where a fixed amount is payable over a period of time. Some contracts have a termination fee, this is the total monthly amount times months remaining. These payments must be completed as agreed if late for two consecutive months, the contract will be terminated and the full payment will be due within 30 days.

Limitation of Liability

Rubix Studios shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Rubix Studios servers going off-line or being unavailable for any reason whatsoever. Furthermore, Rubix Studios shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Rubix Studios‘ servers. All damages shall be limited to the immediate termination of service.

Violations

Violations of Acceptable Use Policies should be referred to support@rubixhost.com.au. All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation.

Disclaimer

Rubix Studios cannot be held liable for system downtime, crashes or data loss. We cannot be held liable for any predicted estimate of profits which a client would have gained if their site was functioning. Certain services provided by Rubix Studios are resold. Thus, certain equipment, routeing, software and programming used by Rubix Studios are not directly owned or written by Rubix Studios. Moreover, Rubix Studios holds no responsibility for the use of our clients’ accounts. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. We reserve the right to remove any account, without advance notice for any reason without restitution, as Rubix Studios sees fit.

Account Activation

By activating your account with Rubix Studios, you agree to the above policies and disclaimer. Upon requesting activation of an account, you are required to accept these policies, guidelines and disclaimer, and a copy of your acceptance is forwarded along with your activation request to be maintained with your account information. Notice: If you sign up for an account and fail to comply with these terms, no refunds will be given. We will, however, advise you by email or phone prior to taking any action to provide you with an opportunity to resolve the problem.

Server Uptime Guarantee (Service Level Agreement)

Rubix Studios guarantees 99.95% service (HTTP, FTP, POP, IMAP, SMTP) uptime on all hosting plans. Should we fail to deliver this for any given calendar month, you will be refunded a pro-rated amount. You must contact our support team to have this credit applied.

Changes In Policy & Pricing

Rubix Studios reserves the right to amend any or all of the above policies, guidelines and disclaimer without notification. We also retain the right to increase any pricing and make changes to our account plans without notification. This does not include external third party services such as QuickBooks Online & Pin Payments.

For any questions or notices, please contact our Privacy Officer at:

Rubix Studios ABN 95 616 645 616

Email: hello@rubixstudios.com.au

Last update: 16 May 2019