Terms

Rize Design and Rize Solutions Terms of Service

Last modified: 2 November 2017

Thanks for using our products and services (“Services”). The Services are provided by Rize Solutions Pty Ltd (“Rize” “Rize Design”), PO BOX 201 Phillip ACT 2606.

By using our Services, you are agreeing to these terms. Please read them carefully.

Our Services are diverse, therefore additional terms may apply. Additional terms will be available with the relevant Services and those additional terms become part of your agreement with us if you use those Services.

1. DEFINITIONS
1.1 Hosting service – Any shared, reseller, virtual, or dedicated service used to store and deliver web-based content.
1.2 Additional services – Any product or service that is considered an “addon” to a primary hosting service, or which covers one-off charges for additional work carried out by a Rize staff member.

1.3 Resource usage – Any and all allocated resources provided to the customer to allow for the storage and delivery of the web-based content within a hosting service. This includes but is not limited to disk space, Memory, CPU, Bandwidth

1.4 Subscription – The term (monthly, quarterly, semi-annually, annually, biennially, triennially) applicable to the purchased service.

1.5 Control Panel – An account management interface for managing the billing aspects of hosting or additional services purchased including invoices, contact information, and domain registrations.

2. FEES
2.1 Payment – Establishment of any hosting or additional service is dependent upon receipt by Rize of payment of stated charges as outlined on the Rize website or any other documentation or custom quote provided to The Customer. Subsequent payments are due on the anniversary date of the subscription term in advance for the following subscription term’s service. All service fees are disclosed within a product description or will be disclosed to the customer prior to payment being required for any custom quotations or services ordered via phone. Some services (e.g. PAYG) are billed monthly in arrears and payments are calculated based off the usage for the Service within the month.

2.2 Setup Fee – The Customer agrees to pay in advance and in full any amount of a non-recurring nature required for the initial deployment of the purchased Service. Any such fees are listed as setup fees in the Service description or will be disclosed in any custom quotations prior to any provisioning, equipment acquisition, implementation or installation by Rize.

2.3 Recurring fee – All subscription Services provided by Rize are recurring by nature and the Customer agrees to pay any recurring fees listed in the Service description in advance each anniversary date until such time as The Customer submits a cancellation request in accordance with these Terms of Service.

2.4 Non-Refundable Fees – Certain fees paid to Rize are considered non-refundable due to the nature of the product or service purchased and this includes but is not limited to the following:

2.4.1 Third Party Products – Products supplied by Rize where Rize acts as a reseller for another provider (e.g. domain registrations, SSL certificates, hosting, third party product licenses) are provided as non-refundable products and refunds cannot be provided once the product has been activated on an account.

2.4.2 Advanced Administration Time – Services where additional labour is to be carried out by Rize staff are non-refundable once the additional labour has been carried out.

2.5 Additional Resource Usage fees – Should a Customer exceed the total amount of included hosting resource utilisation as described in Service Definitions the customer agrees that overage fees will apply and be due immediately. Current pricing for additional resource utilisation will be located on http://www.rizedesign.com.au on the relevant product page.

2.6 Invoices and Statements – invoices are provided to The Customer by email using the contact email address assigned to the Customer or any additional billing contacts within the Rize billing system. Invoices cannot be sent via postal mail or any other courier style service.

2.7 Statements – Rize does not provide written or printed statements. However, an account’s invoice history is available to The Customer by contacting Rize.

2.8 Failure to Pay – Rize may temporarily deny service or terminate this Agreement upon the failure of The Customer to pay a subscriptions applicable recurring fees where the fees reach 28 days past due. Such termination or denial will not relieve The Customer of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees. Accounts that are not collectable by Rize may be turned over to an outside collection agency for collection which may result in additional fees or fines being payable.

3. REFUNDS, DISPUTES AND CANCELLATIONS
3.1 Refunds – All payments to Rize are non-refundable. One time setup and additional fees are non-refundable except where an ordered hosting or additional service cannot be provided by Rize. Where an ordered service cannot be provided but an alternative service is provided in its place, all applicable one-time setup fees will remain payable. Refunds are not provided automatically and must be requested by the customer within 30 days of requesting cancellation. Refunds are provided at our sole discretion.

3.2 Disputes – All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in Rize’s sole discretion is deemed a valid charge under the provisions of these Terms of Service, you agree to pay Rize an “Administrative Fee” of not less than $50 and not more than $150.

3.3 Service Cancellation by The Customer – Rize provides an ongoing recurring service which will remain active until such time as The Customer submits a cancellation request via email to support@rizedesign.com.au. Requests for canceling accounts must be submitted 2 business days prior to the next due date to ensure no further fees are payable. Instructions on locating and using the cancellation request form can be found here.

3.3.1 No Cancellation Fee – Rize does not charge a cancellation fee and does not refund prepaid fees.

3.3.2 No Access to Account – If The Customer wishes to cancel a service  The Customer must make contact with Rize via phone or emailing support@rizedesign.com.au to obtain necessary login information or instructions to proceed with the cancellation request.

3.3.3 Customer Data – Upon successful cancellation of a hosting service, all data stored within the cancelled service will be securely destroyed. Rize does not provide any guarantees that The Customer’s data will be retrievable once the cancellation process has been completed.

3.4 Service Cancellation by Rize – Rize may cancel The Customer’s hosting service for any breach of these Terms of Service or the AUP without prior notification. Rize does not provide any guarantees that The Customer’s data will be retrievable once the cancellation process has been completed.

4. DOMAIN REGISTRATIONS, TRANSFERS AND RENEWALS
4.1 Domain Registrations – successful domain registrations that have completed the registration process and are considered active by the Domain Registrar are final and cannot be cancelled or refunded. Some domain extensions may require additional information to complete the registration and Rize provides no guarantees that an ordered domain registration will be successful. It is The Customer’s sole responsibility to ascertain what information is required to register a particular domain prior to placing any domain registration orders.

4.2 Domain Transfers – Domain transfers typically take 5-7 days to complete once final authorisation has been received by the Domain Registrar, with the exception of .au
domains which take 48 hours once final authorisation has been actioned. Rize has no authority to speed up a domain transfer and cannot place any guarantees on how long a transfer will take to complete. The Customer must ensure all contact information is updated with current Domain Registrar and the appropriated transfer codes have been obtained prior to placing a domain transfer order with Rize.

4.3 Domain Renewal – Domains must be renewed prior to their expiration date to avoid the domain becoming inactive. Multiple notifications are sent to The Customer advising them of upcoming domain renewals starting from 60 days prior to the listed expiry date. Rize has no control over keeping the domain active once it has reached its expiry and does not take responsibility for a website becoming inaccessible due to The Customer not renewing their domain.

5. THIRD PARTY TOOLS, APPLICATIONS AND LICENSES
5.1 Third Party Applications and Licenses – Rize may provide access to additional third party software and/or services (“Third Party Products “) through reseller or other
commercial agreements Rize has established with certain vendors (“Third Party Vendors”). Unless otherwise stated, The Customer understands that product support for Third Party Products is provided by Rize and not by the Third Party Vendor. Neither Rize nor any Third Party Vendor makes any representations or warranties, express or implied, regarding any Third Party Products. The Customer expressly acknowledges and agrees that use of Third Party Products is at The Customer’s sole risk and such third party products are provided “as is” and without representation or warranty of any kind from Rize or any Third Party Vendor, including without limitation, any implied warranty of merchantability, fitness for a particular purpose, accuracy or completeness of responses or results, correspondence to description, or non-infringement of third party rights. To the maximum extent permitted by applicable law, neither Rize nor any third party vendor will be legally responsible for any damages, whether direct, indirect, or consequential, arising from the use or inability to use any third party product. The Customer agrees to observe the terms of any license and/or applicable end user subscriber agreement for Third Party Products and The Customer shall be fully liable to Third Party Vendors and/or Rize with respect to any improper use of such Third Party Products or violation of license agreements with them and/or applicable end user subscriber agreements.

5.2 Microsoft Licensing – Where licensing for Microsoft software has been purchased through Rize, the customer agrees to abide by the Microsoft Licensing terms, and were user licenses are being purchased, it is the customer’s responsibility to ensure they accurately report and obtain the appropriate level of user licenses for their uses as outlined in Microsoft’s licensing terms.
5.3 Feature Availability – Rize provides no guarantees that any or all of the features available within a Third Party Product will be supported or made available to The Customer. It is at the sole discretion of Rize to determine which features are enabled and whether Rize will provide support for the use of enabled features.

5.4 © 2018 Apple Inc. All rights reserved. Apple, the Apple logo, Apple TV, Apple Watch, iPad, iPhone, iPod, iPod touch, iTunes, the iTunes logo, Mac, and QuickTime are trademarks of Apple Inc., registered in the U.S. and other countries. Multi-Touch is a trademark of Apple Inc. App Store is a service mark of Apple Inc., registered in the U.S. and other countries. IOS is a trademark or registered trademark of Cisco in the U.S. and other countries and is used under license. Other product and company names mentioned herein may be trademarks of their respective companies.

6. ADDITIONAL LEGAL INFORMATION
6.1 Disclosure to Law Enforcement – Rize’s AUP specifically prohibits the use of our service for illegal activities and The Customer agrees that Rize may disclose any and all customer information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to The Customer. Rize reserves the right to immediately terminate any hosting service found to be hosting content and performing activities of an illegal nature.

6.2 System and Network Security – Users are prohibited from violating or attempting to violate the security of the Rize Network or Services. Violations of system or network security may result in civil or criminal liability. Rize will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include without limitation:
1. Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
2. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
3. Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, “flooding”, “mail bombing” or “crashing”.
4. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
5. Taking any action in order to obtain services to which such User is not entitled.

6.3 Disclaimer – Whilst every effort is made to ensure the information provided on the Rize website and by Rize staff is accurate and free from errors, Rize provides no warranties, either express or implied, including but not limited to the service’s fitness for a particular purpose, except where to not offer any such warranties would be deemed unlawful as defined by the Trade Practices Act 1974(Cth).

6.4 Limitation of Liability – Rize provides no guarantees that any hosting or additional service provided will be free from errors or interruptions. Rize will not accept liability for any costs or losses incurred by The Customer that result from:
1. the use of or inability to use any Rize service;
2. any errors, mistakes, omissions, interruptions, defects, or delays in operation or delivery;
3. unauthorised access to Rize’s data or services,
4. the suspension or termination of services due to breaches of the AUP.
5. the suspension or termination of services due to obligations under law

6.5 Indemnification – The customer agrees to indemnify Rize from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against Rize, that may arise or result from the use of any product or service Rize provides.

6.6 Modification to these Terms – Rize reserves the right, at any time and from time to time, to amend or to modify these Terms of Service without prior notice to you, provided that if any such alterations constitute a material change to these Terms of Service, Rize will notify you by posting an announcement on the Website. Amendments and modifications shall take effect immediately when posted on the Website. By continuing to access or use the Services after any such amendments or modifications, you agree to be bound by such amended or modified Terms of Service. For this reason, we encourage you to review the Terms of Service whenever you use the Services. If you do not agree to any change to these Terms of Services, then you must immediately stop using the Services.

7. MANAGED GOOGLE APPS
Contingent on your acceptance of these Terms of Service and the purchase of a related Rize Managed Google Apps for Work Product, Rize agrees to provide you with the Services and Support described herein.

7.1 Services

7.1.1 Activation – Rize will help you (i) create your customer domain; (ii) verify your ownership of the domain; (iii) provision your end user accounts on your customer domain; and (iv) activate your end user accounts.
7.1.2 Deployment – Rize will help you gather and document your requirements for the migration of your email from your existing platform to Google Apps.

7.1.2.1 Migration – If you require migration assistance, you represent and warrant that you have the right to migrate email in the manner requested and are authorised to allow Rize access to your email as required to perform the requested services. You agree that if we, our affiliates, or any of our or their respective employees, agents, or suppliers is faced with a legal claim by a third party alleging facts that constitute a breach of your representation and warranty in this Subsection, then you will pay the cost of defending the claim (including reasonable attorney fees) and any damages award, fine or other amount imposed on Rize as a result of the claim.

7.1.3 Configuration – Rize will help you set-up your email, calendar, contacts, Google Drive Storage, and Google Vault (if purchased) Rize may provide additional services related to the configuration of these applications as available.

7.1.3.1 Google Drive Storage – You will receive access to the Google Drive Storage after completing the setup, provisioning and activation processes for the Services. Access to additional Google Drive Storage may be subject to additional fees and may require additional time for provisioning. If your account has fewer than five (5) end users, then each end user will only receive one (1) terabyte of storage.

7.1.3.2 Google Vault – If you use Google Apps Vault, you agree that we have no obligation to retain any archived data beyond the retention period specified by you. If you do not renew your Agreement for Google Apps Vault, we have no obligation to retain any archived data following expiration of your Agreement. You represent and warrant that you will not order Google Apps Vault from Rize if (i) you are an existing customer of Google Apps for Work, Google Drive Storage, or Google Apps Vault; (ii) you are an existing customer of Google Apps for Government; or (iii) you are an existing customer of any edition of Google Apps other than Google Apps for Work.

7.2 Support
7.2.1 Rize will provide a dedicated team for You to contact with any support requests related to the Services, and Rize may also escalate support issues to Google on your behalf as needed. You shall submit all Support issues directly to Rize via our available support channels with the contact information provided to you during the online signup process.
7.2.2 Alternatively, you may elect to submit certain support requests directly to Google, and Google will provide technical support services in accordance with the Google TOS; provided, however, that you may only submit Support requests to Google on the topics detailed in their Technical Support Services Guidelines. All other requests shall be directed to Rize. However, we do not make any service level guarantees regarding support requests you submit directly to Google.

7.3 Your Obligations
You must sign-up for the Services on with Rize, and Rize will not provide Services or Support for accounts obtained directly from Google. You must give Rize access to the Google Apps administrative console for your account in order for Rize to provide the Services as well as any increased level of access that may be required on specific Support requests. If you fail to provide Rize access to the Google Apps administrative console or attempt to restrict access we will be unable to provide you with support. You must use reasonable security precautions in connection with your use of the Services, including, but not limited to, encrypting any personally identifiable information transmitted to or from, or stored on the Services or storage devices you use. You must comply with the laws applicable to your use of the Services and with our Terms & Conditions.

7.4 Support for Google Apps for Work

7.4.1 General – You acknowledge that Rize Managed Google Apps for Work includes Google Apps for Work and Rize Services. Following your acceptance of these Terms of Service, you will be presented with the Google Terms of Service separately upon the initial log-in to the Google Apps administrative console (“Google TOS”). You have 21 days to accept Google’s Terms of Service before your account, and all associated data, will be terminated. You may not use the Services if you do not accept the Google TOS and these Terms of Service.

7.4.2 Restrictions – You may not resell, distribute, lease or allow another third party to use the Services. You may not engage in illegal or deceptive trade practices. If you engage in illegal or deceptive trade practices, Rize or Google may directly terminate your Services immediately without notice to you.

7.5 Access to Web Hosting only products /services
7.5.1 You acknowledge that access to any Web Hosting only services to complement your Rize Managed Google Apps for Work is contingent on the following terms.
7.5.1.1 Access to any Web Hosting only products requires you to have an active Managed Google Apps service with us. We will advise you, prior to purchase, should a product fall within these terms.
7.5.1.2 Should you decide to terminate your Managed Google Apps service and still have active, Web Hosting only services with us you authorise us to automatically upgrade your impacted services to our standard Web-Hosting product and associated pricing as disclosed on our website.
7.5.1.3 You will not try to circumvent email restrictions placed on the lower cost services.

7.6 Billing & Payments
Section 2 of our Terms of Service takes precedence however, the following billing and payment terms are applicable to the Rize Managed Google Apps for Work Product.
7.6.1 We only accept credit card or bank transfer as a valid form of payment.
7.6.2 We do not provide pro-rata refunds to for unused service within the month. (e.g. If you utilise the Service for 50% of the month you will be charged a non-refundable amount for the full month).

 

About these Terms

The laws of Canberra, Australian Capital Territory, Australia, will apply to any disputes arising out of or relating to these terms or the Services. All claims arising out of or relating to these terms or the Services will be litigated exclusively in the federal or state courts of Canberra, Australian Capital Territory, Australia, and you and Rize consent to personal jurisdiction in those courts.

For information about how to contact Rize, please visit our contact page.