guaranteed reliable website hosting in Australia

Service Level Guarantee

 

Guaranteed reliable hosting - Service Level Guarantee

Service Level GuaranteeAt GM Host our Linux web server enjoys an average monthly up time of 99.8%.
This impressive figure includes our server update times which we usually schedule during the night.
If in any month our service level drops you will receive credit as per the following table:

Month's website up time

Credit

98.00 - 100.0% 0 days
95.00 - 97.99% 3 days
90.00 - 94.99% 6 days
85.00 - 89.99% 10 days
84.99 and below 2 weeks

Credit days will be automatically added to your paid subscription period.

Exceptions: if the outage is caused by circumstances beyond our control, see "Terms of Service" (below) for full details.
Credit days cannot be converted to cash.
Click here to check Server Status.

 

Guaranteed Australian

  1. We guarantee that the physical location of our web server is in Australia.
    (Location: the impressive Global Switch Sydney data centre)

  2. We also guarantee that when you phone us on (02) 8012-9523 you will be talking to our friendly and helpful operator in Australia.

 

Terms of Service Agreement


1.0 Parties to this Agreement

GH Host is a subsidiary of GM Health Pty Limited (ABN 43 135 158 173), the company providing website hosting services in Australia.
Customer: a person or company or an organisation having made full payment for services provided by GH Host.

2.0 Service Level Guarantee

Service Level Guarantee is part of this Agreement.

3.0 Bandwidth

GM Host reserves the right to monitor Customer's monthly bandwidth usage, implement restrictions when agreed limit is reached or charge an additional $20 per month per 1.0 GB for extra bandwidth usage.

4.0 Domain Name Registration

The Customer is responsible for the correct spelling of their domain name and its ownership entitlement. The Customer will notify GM Host within 24 hours if corrections are required. Customer will comply with the terms and conditions of the domain name registrar.

5.0 Third Party Rights

Customer agrees to indemnify GM Host, its employees and agents from all losses, penalties, damages, liability, claims or expenses whatsoever arising from third parties regarding Customer's infringement (whether innocently or knowingly) on third party rights.

6.0 Security and Privacy of Information

GM Host expects its Customer to fully comply with all applicable privacy laws. GM Host's Privacy Policy forms part of this Agreement.

GM Host cannot take any responsibility for the security of information transmitted via GM Host web servers as GM Host believes that any communication or transmission can be intercepted and compromised. GM Host may disclose Customer's private information if requested by law or governmental body.

7.0 Technical Support

GM Host provides technical support to its customers via help files, set-up wizards, video tutorials and personal assistance via email and phone. GM Host's support is related only to the physical functioning of the web server and to the web space provided on the web server. GM Host does not offer technical support for application specific issues such as PHP, cgi programming, html, script installation or other web design and programming issues.

8.0 Outage

Outage caused by scheduled and/or emergency maintenance and upgrades are under our "Service Level Guarantee". We guarantee only those areas that are under our control: GM Host's web servers and network hardware. Outage of service and loss of data may occur beyond GM Host's control, caused by acts of governments, war, terrorism, sabotage, fire, flood or strike. Interruption in third party services (telecommunications, e-commerce software, payment gateways and other software), power failure, virus attacks, hackers, DNS issues, Customers scripting errors and omissions (negligent or wilful). In such cases GM Host will not be responsible or liable.

9.0 Loss of Data

GM Host will take all reasonable steps to safeguard its web servers and the data contained therein, however, GM Host will not be responsible for any loss of Customer's data stored or intended to be stored on the GM Host web servers or back-up devices and the Customer will not be entitled to any form of compensation from in the event of loss of data. The Customer is encouraged and advised to do regular backups.

10.0 Acceptable Use

The Customer is allowed to have only one distinctive website per hosting account and must not give out the password to any third party to access the Online Admin and/or use FTP without the prior written consent from us.

GM Host reserves the right to limit or stop any scheduled process (eg: cron jobs) from running should it be found to be using more than a reasonable share of a server's resources. Excessive or mismanaged database connections, long queries and missing or inappropriate indexing, may result in stopping the database script.

As GM Host cannot monitor or censor the Internet and will not attempt to do so, GM Host cannot accept responsibility for damages or injury resulting from inaccurate, unsuitable, offensive or illegal Internet material and communications.

11.0 Termination and/or suspension of service

At the discretion of GM Host, GM Host may terminate and/or suspend the service without refund or compensation in the following events:

  1. Customer is engaging in sending out unsolicited email as per Spam Act 2003.
  2. Engaging in any unlawful or unethical activity.
  3. The Customer whether innocently or knowingly infringes on 'Intellectual Property Rights' (eg: patents, copyright, trademarks, etc.) of any third party, GM Host may suspend its hosting service until the infringement is resolved and GM Host receives a copy of such in writing.
  4. Any act or attempt by the Customer to degrade the services of GM Host.
  5. Any breaches of this Agreement.
  6. Customer's payment is being dishonoured or fails to pay annual renewal for GH host's services.

12.0 Cancellation and Refund

GM Host will not accept cancellation within the Contract Term described under section 13.0.
GM Host will not accept Customer's request for a refund in the events described under section 11.0.

13.0 Contract Term and Termination

The minimum contractual period for GM Host services is 12 months, starting from the first day that the services are rendered to the Customer. Following the expiry of the initial period, this Agreement will be terminated, unless renewed willingly by both parties. The Customer and GM Host do not need to give prior notice before this Agreement expires.

14.0 Force Majeure

If the delay in performance or failure to perform caused by war, strikes, Acts of God or governmental laws, neither party will be in default or negligent.

15.0 Indemnify

In the event of Customer is using GM Host services in such manner that it results in claims against GM Host by any third party, Customer herewith declares to indemnify GM Host for any damages, loss or claim including legal cost.

16.0 Disputes

Parties of this Agreement will use their best effort to settle the dispute by negotiation. If after 30 days the dispute is not settles, either party may request dispute resolution to be conducted by an independent mediator appointed by Fair Trading in Sydney NSW Australia.

17.0 Governing Law

This Agreement is governed by the laws of the State of New South Wales, Australia.

18.0 Modification

GM Host reserves the rights to update or change the Terms of Service Agreement without prior notification. This page is the primary reference for such.

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