Haven Hosting Terms of Service
All Terms and Conditions of this TOS (Terms of Service) and AUP (Acceptable
Use Policy) may be modified at our sole discretion without prior warning.
Changes to this TOS does not constitute grounds for early contract termination
or non-payment. Please check back regularly for any updates.
Use of Haven Hosting's Service constitutes acceptance and agreement
to Haven Hosting's AUP (Acceptable Use Policy) as well as Haven Hosting's
TOS (Terms of Service). From herewith in this TOS, and AUP, the usage of “us”,
“we”, “our”, “ours” shall constitute reference to
Haven Hosting, the usage of “you”, “your”, “they”,
“them” shall refer to client / customer of Haven Hosting.
All fee's referenced are Australian Dollars.
- Acceptance of Contractual Agreement Client agrees that by placing an
order either by means of electronic ordering (web order form) or submitting
a written contract, and receipt of such order by Haven Hosting, that
you are agreeing to our TOS and AUP. No Modifications of said contract
by customer is allowed.
- Haven Hosting 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
TOS and AUP. Customer also understands that any promotional offers unless
specified in contractual terms will not be applicable to their individual service.
- In connection with any Hosting Services, if Customer’s actual
bandwidth usage in any month exceeds allotted amount, specified in Customer’s
contract, Customer will pay Haven Hosting any additional fees as determined
by Haven Hosting to be no less than $5.00 per any partial or full Gigabyte.
- Payment: Establishment of this service is contingent upon receipt of
payment from Customer to Haven Hosting. Subsequent payments are due 1 year after the first
payment and will continue every year until cancelled by either party.
Any additional services relative to a primary hosting account, will be prorated to the
primary hosting account’s yearly recurring billing date.
- Payments and Fees: Payment is due on the defined monthly
recurring billing date of each month. Bandwidth overage will be chargedbat the rate
of $5.00 per GB and will only be added in full Gigabytes. Credit cards
that are declined for any reason are subject to a $30.00 declination fee.
Service will be interrupted on accounts that reach 7 days past due. Service
interrupted for non-payment is subject to a $35.00 reconnect charge. Accounts
not paid by due date are subject to a $20.00 late fee. Accounts that
are not collectable by Haven Hosting will be turned over to an outside agency for
collection. If your account is turned over for collection, you agree to
pay the company a “Processing and Collection” Fee of not less
than One Hundred ($100.00) nor more than Two Hundred ($200.00) dollars.
- Delinquent Accounts: Haven Hosting 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.
- Account Cancellation: All requests for cancelling any
service / services must be sent to Billing Dept 7 days notice but not more than 60 days prior
written notice. Confirmation Receipt of cancellation will be sent within
24 hours of our normal cancellation department hours of 9AM to 9PM EST Monday - Friday
- Refunds and Disputes: All payments to Haven Hosting
are non-refundable. This includes any set-up fees and monthly fees regardless of usage.
All billing disputes must be reported within 30 days of the time the dispute occurred.
Disputed charges to your credit card issuer, also known as chargebacks,
in Haven Hosting’s discretion which is valid, under the terms
and conditions of our TOS and AUP, will result in service interruption,
and reconnection fees to restore the desired service.
- Haven Hosting will use its best efforts to maintain a full time Internet presence for our customers.
The customer hereby acknowledges that the network may,
at various time intervals, be down due, but not restricted to, utility
interruption, equipment failure, natural disaster, acts of God, or human
error. In no event shall Haven Hosting be liable to the customer for
any damages resulting from or related to any failure or delay of Haven
Hosting in providing access to the Internet under this Agreement. In no event shall
Haven Hosting be liable to the customer for any indirect, special or consequential
damages or lost profits arising out of or related to this Agreement or the performance
or breach thereof. The aggregate, total liability of Haven Hosting under
this Agreement, if any, shall in no event or circumstance exceed the total amount
actually paid by the customer. The terms of this Section will survive any
termination of this Agreement.
- System backups: Backups of all customer data is solely
the responsibility of the client. Haven Hosting does full nightly backups,
these are to be used for system restore only, and are not tested for individual account backup.
Any other questions on this policy should be directed to