Limitation of Liability
You agree that we shall not be liable for any damages suffered as a result of using our products and services. In no event shall we be liable for any indirect, punitive, special, incidental or consequential damage (including loss of business, revenue, profits, use, privacy, data, goodwill or other economic advantage) however it arises, whether for breach of contract or in tort, even if it has been previously advised of the possibility of such damage.
In no event shall we be liable for any claims by a third party in tort or contract, or pursuant to the Competition and Consumer Act 2010 (Cth) including, but not limited, to any misleading statements made and/or incorporated into any Content provided by third parties, such as manufacturers and wholesalers, and users of the Service. It is your sole responsibility to ensure the accuracy of the data inputted.
You have sole responsibility for adequate security protection and backup of data and/or equipment used in connection with your usage of the Service and will not make a claim against for lost data, re-run time, inaccurate instruction, work delays or lost profits resulting from the use of the Service. Without limiting the foregoing, in no event will our aggregate liability to you exceed, in total, the amounts paid by you to us.
Violations of these Acceptable Use Policies should be referred to support[at]gekkofyre[dot]io. All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation.
Your use of our products and service is at your sole risk. The products and services are provided on an “AS IS” and “AS AVAILABLE” basis. As such, they are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
GekkoFyre Networks and its subsidiaries, affiliates, and its licensors do not warrant that a) the products/services on offer will function uninterrupted, secure or available at any particular time or location; b) all errors or defects will be corrected; or c) the results of using our products/services will meet your requirements.
This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction or unauthorized access or, alteration of or use of record in connection with the use or operation of the products/services, whether for breach of contract, tortious behaviour, negligence or any other cause of action.
We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the content contained on the products/services for any purpose. Any reliance you place on such information is therefore strictly at your own risk. We disclaim any express or implied warranty representation or guarantee as to the effectiveness or profitability of the products/services or that the operation of our products/services will be uninterrupted or error-free. We are not liable for the consequences of any interruptions or error in the products/services.
By activating your account with GekkoFyre Networks, 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 e-mail or phone prior to taking any action to provide you with an opportunity to correct the problem.
Server Uptime Guarantee
GekkoFyre Networks guarantees 99.9% service (http, ftp, pop, imap, smtp) uptime on all hosting plans. In the event that your website is available for less than 99.9% of the time, GekkoFyre Networks will credit the following month’s service fee as follows. Your credit shall be retroactive and measured in 24 hours a day of a calendar month, with the maximum credit not exceeding 50% of the monthly service charge for the affected month.
* 95% to 99.9% – Your account will be credited 10% of your monthly hosting fee.
* 90% to 94.9% – Your account will be credited 20% of your monthly hosting fee.
* 89.9% or below – Your account will be credited 50% of your monthly hosting fee.
Credit shall not be provided to you in the event that you have any outage resulting from:
* Scheduled maintenance as posted from time to time at GekkoFyre Networks.
* Your behavior or the performance or failure of your equipment, facilities or applications.
* Circumstances beyond GekkoFyre Networks’ reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services, including DNS propagation, domain name registration/transfer, failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of your web site.
* You breaking any agreement policy in GekkoFyre Networks’ `Terms & Conditions or AUP` causing a machine to fail as a result.
Technical Support Boundaries
GekkoFyre Networks provides technical support for you that encompasses within our area of expertise only. Such expertise includes assistance, troubleshooting, and debugging of our cPanel control panel interface, servers within our immediate responsibility and any other hosting related issues.
Unlike many hosting companies, we do our best to help with scripts, templates and programing languages. However, under no circumstances is GekkoFyre Networks obligated to help you in the installations of new application modules, templates and/or programming languages, nor in providing assistance for any errors produced by any applications that have been modified by you previously.
We may call in outside experts at times to help with issues that are outside of our areas of knowledge, and these experts will come from third-party companies. We only wish to provide you with the best technical support possible and not leave you hanging. We will inform you of this firstly before making any decisions.
GekkoFyre Networks shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond GekkoFyre Networks’ control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labour action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.
Static & Dynamic Content Caching
- Grant to GekkoFyre Networks a license to cache the entirety of your website, including content supplied by third parties, hosted by GekkoFyre Networks under this Agreement and,
- Agree that such caching is not an infringement of any of your intellectual property rights or any third party’s intellectual property rights.
IP Address Ownership
GekkoFyre Networks shall maintain and control ownership of all IP numbers and addresses that may be assigned to you by GekkoFyre Networks. GekkoFyre Networks reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.
Lastly, GekkoFyre Networks 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.