By purchasing, signing up and using our services and by browsing through this Website, you acknowledge and accept these terms and conditions. Santu Pty. Ltd. reserves the right to revise these terms and conditions at any time.
In this Agreement (“Agreement”) “you” and “your” refer to each customer, “we”, us” and “our” refer to Santu Pty. Ltd. “Services” refers to the services provided by us to you. By selecting our Services you have agreed to establish an account with us for such Services. By using the Services under this Agreement, you acknowledge that you have read and agree to be bound by all terms and conditions of this Agreement and any pertinent rules or policies that are or may be published by us.
FEES, PAYMENT AND TERM.
As consideration for the services you have selected, you agree to pay us the applicable service(s) fees. All fees payable hereunder are non-refundable. As further consideration for the Services, you agree to: (1) provide certain current, complete and accurate information about you as required by the registration process and (2) maintain and update this information as needed to keep it current, complete and accurate. All such information shall be referred to as account information (“Account Information”). By submitting to this Agreement, you represent that the statements you have made are true and you will not use our Services for any unlawful purpose or for purposes which violate these terms. Santu reserves the right to adjust prices with 30 days notice.
If you have purchased a service that is billed monthly your credit card will be charged every month on the day you first purchased ANY services. If you have purchased a package that is billed 3-monthly, 6-monthly or yearly your credit card will be charged every 3 month, 6 month or year on the day you first purchased ANY services.
If you do not wish to renew your service agreement you must cancel your account from within the Santu account interface. You will be required to pay any outstanding charges owed.
BILLING DISPUTES AND BANK CHARGE BACKS.
All Bank Disputes and Bank Issued Charge Backs result in the complete cancellation of your account. All Bank Disputes and Charge Backs are reported to the issuer’s Credit Agency. Charge Backs result in the forfeiture of all Santu services. You will be charged a $50.00 reactivation fee in order to reactivate your account after a Bank Charge Back.
ILLEGAL AND INAPPROPRIATE USE.
We do not allow the use of Santu services for purposes which negatively affect the rights or the lives of others.
Santu services may be used for lawful purposes only. Transmission, storage, distribution, sale of or acceptance of payment for any information, data, product or material in violation of any applicable law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.
Santu may not be used to infringe on any third party’s copyright, patent, trademark, trade secret or other proprietary rights or right of publicity or privacy; (ii) violate any applicable law, statute, ordinance or regulation; (iii) contain defamatory or libelous material; (iv) contain pornographic material; (v) violate any laws regarding unfair competition, anti-discrimination or false advertising; (vi) promote violence or contain hate speech; or (vii) contain viruses, trojan horses, worms, time bombs, or other similar harmful or deleterious programming routines.
Violations of system or network security are prohibited and may result in criminal and civil liability. Examples include but are not limited to the following: unauthorized access, use, probing, or scanning of systems security or authentication measures, data, or traffic; interference with service to any user, host, or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system, broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
Any attempts to undermine or cause harm to a Santu server or customers are strictly prohibited. This includes the abusive sending of unsolicited email, also known as “Spam.”
You are solely responsible for the services and products you make available by using Santu. Your use of the Santu service(s) is subject to all applicable local, state, national and international laws and regulations. You agree: (1) to comply with US law regarding the transmission of technical data exported from the United States through Santu; (2) not to use Santu for illegal purposes; (3) not to interfere or disrupt networks connected to Santu; and (4) to comply with all regulations, policies and procedures of networks connected to Santu. You agree not to transmit, offer, sell or make available in any form through Santu’s service(s) any unlawful, harassing, libelous, abusive, threatening, harmful, or otherwise legally or morally objectionable material of any kind or nature. You further agree not to transmit or sell any materials that encourage conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. Attempts to gain unauthorized access to other computer systems are prohibited. You shall not interfere with another customer’s use of the Santu service(s) or another entity’s use of similar services. Santu may, at its sole discretion, immediately terminate your service or any agreement with us should your conduct fail to conform to these terms and conditions.
COPYRIGHT VIOLATIONS & INTELLECTUAL PROPERTY VIOLATIONS.
You agree not to engage in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities. Also, you agree to not engage in activity that violates privacy, publicity, or other personal rights of others. Santu is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also Santu’s policy to terminate the privileges of customers who commit repeat violations of copyright laws.
ACTIONS TAKEN BY SANTU.
Your failure to meet or follow any of the Terms and Conditions set forth by Santu is grounds for account deactivation. Santu will be the sole arbiter as to what constitutes a violation of its Terms and Conditions. Santu reserves the right to remove any account without prior notice. When Santu becomes aware of an alleged violation of its Terms and Conditions, Santu will initiate an investigation. During the investigation, Santu may restrict a customer’s access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, Santu may, at its sole discretion, restrict, suspend, or terminate a customer’s account and/or pursue other civil remedies. If such violation is a criminal offense, Santu will notify the appropriate law enforcement authorities of such violation.
MODIFICATIONS TO AGREEMENT.
You agree, during the period of this Agreement, that we may: (1) revise the terms and conditions of this Agreement; and (2) change the services provided under this Agreement. Any such revision or change will be binding and effective immediately on posting of the revised Agreement or change to the service(s) on our web site, or on notification to you by e-mail or regular mail as per the Notices section of this agreement, Section 23. You agree to review our web site, including the Agreement, periodically to be aware of any such revisions. If you do not agree with any revision to the Agreement, you may terminate this Agreement at any time by providing us with notice by e-mail or regular mail as per the Notices section of this agreement, Section 24. Notice of your termination will be effective on receipt and processing by us. You agree that, by continuing to use the Services following notice of any revision to this Agreement or change in service(s), you abide by any such revisions or changes.
MODIFICATIONS TO YOUR ACCOUNT.
In order to change any of your account information with us, you must use your Account Identifier and Password that you selected when you opened your account with us. Please safeguard your Account Identifier and Password from any unauthorized use. In no event will we be liable for the unauthorized use or misuse of your Account Identifier or Password.
We reserve the right to distribute information to you that is pertinent to the quality or operation of our services and those of our service partners. These announcements will be predominately informative in nature and may include notices describing changes, upgrades, new services or products offered by Santu or 3rd Parties or other information.
LIMITATION OF LIABILITY.
You agree that our entire liability, and your exclusive remedy, with respect to any Services(s) provided under this Agreement and any breach of this Agreement is solely limited to the amount you paid for such Service(s) during the affected payment period. We and our contractors shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the Services or for the cost of procurement of substitute services. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, our liability is limited to the extent permitted by law. We disclaim any and all loss or liability resulting from, but not limited to: (1) loss or liability resulting from access delays or access interruptions; (2) loss or liability resulting from data non-delivery or data mis-delivery; (3) loss or liability resulting from acts of God; (4) loss or liability resulting from the unauthorized use or misuse of your Account Identifier or Password; (5) loss or liability resulting from errors, omissions, or misstatements in any and all information or services(s) provided under this Agreement; (6) loss or liability resulting from the development or interruption of your Web site or email service. You agree that we will not be liable for interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages. In no event shall our maximum liability exceed one hundred ($100.00) dollars.
You agree to release, indemnify, and hold us, our contractors, agents, employees, officers, directors and affiliates harmless from all liabilities, claims and expenses, including attorney’s fees, of third parties relating to or arising under this Agreement, the Services provided hereunder or your use of the Services, including without limitation infringement by you, of any intellectual property or other proprietary right of any person or entity, or from the violation of any of our operating rules or policy relating to the service(s) provided. When we are threatened with suit by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a breach of your Agreement and may result in termination of our Services to you.
You agree that failure to abide by any provision of this Agreement, any operating rule or policy provided by us, may be considered by us to be a material breach and that we may provide a written notice, describing the breach, to you. If within thirty (30) calendar days of the date of such notice, you fail to provide evidence, which is reasonably satisfactory to us, that you have not breached your obligations under the Agreement, then we may terminate our Services, including but not limited to our order processing services, without further notice. Any such breach by you shall not be deemed to be excused simply because we did not act earlier in response to that, or any other breach by you.
DISCLAIMER OF WARRANTIES.
You agree and warrant that the information that you provide to us to register for our Services is, to the best of your knowledge and belief, accurate and complete, and that any future changes to this information will be provided to us in a timely manner according to the modification procedures in place at that time. You agree that your use of our Services is solely at your own risk. You agree that such Service(s) is provided on an “as is,” “as available” basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service(s) will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Service(s) or as to the accuracy or reliability of any information obtained through the our e-mail service or that defects in the Services software will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the our e-mail service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the e-mail service or any transactions entered into through the e-mail service. No advice or information, whether oral or written, obtained by you from us or through the e-mail service shall create any warranty not expressly made herein. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
You agree that we may terminate your right to use our Services if the information that you provided to register for our Services, or subsequently to modify it, contains false or misleading information, or conceals or omits any information we would likely consider material.
RIGHT OF REFUSAL
We, in our sole discretion, reserve the right to refuse Services to you, or to terminate the Services we provide to you at any time. In the event we do terminate your account, we agree to refund your applicable fee(s) for the period after the termination. You agree that we shall not be liable to you for loss or damages that may result from our refusal to provided services to you or to register you for other Services.
You agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, that term or provision will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining terms and provisions will remain in full force and effect.
Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties.
Our failure to require performance by you of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by us of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
All plans are priced based on fair usage. If a customer causes significantly higher server loads (multiple times) than the median, Santu may request additional payments and may discontinue the provision of services, if the customer refuses to make the additional payments.
Any notice, direction or other communication given under this Agreement shall be in writing and given by sending it via e-mail or via regular mail. In the case of e-mail, valid notice shall only have been deemed to be given when the sender has obtained an electronic confirmation of delivery. E-mail notice shall be sent to you at the e-mail address you have provided in your registration application or as updated from time to time.
You agree that this Agreement and the rules and policies published by us are the complete and exclusive agreement between you and us regarding our Services. This Agreement supersedes all prior agreements and understandings, whether established by custom, practice, policy or precedent.
This Agreement will be governed by the laws of the State of Victoria, Australia. If any provision of this Agreement shall be held illegal or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that this agreement shall otherwise remain in full force and effect, and enforceable.
You attest that you are of legal age to enter into this Agreement.
We respect your privacy. Information provided to us by you will not be shared with other entities unless this is required to collect your payment or to provide you with a service which can only be provided by passing on your details to the party which supplies the service. We use tracking cookies on our website to track website traffic, however this is done without identifying individual users.
ACCEPTANCE OF AGREEMENT. BY OPENING AN ACCOUNT WITH Santu YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS.