Terms of Service
These terms and conditions shall govern the relationship between us and you and shall prevail despite the existence of any printed or other conditions even if such conditions purport to take precedence.
Please read them carefully.
Resource Usage Policy
Resources are defined as bandwidth and/or processor utilisation. GIGEBOX Limited may implement the following policy at its sole discretion: When a website is found to be monopolising the resources available, GIGEBOX Limited reserves the right to suspend that site immediately. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers. Customers may be offered an option whereby GIGEBOX Limited continues hosting the website for an additional fee.
GIGEBOX Limited reserves the right to cancel any service provided at any time. In this event customers will be entitled to a prorated refund based upon the remaining period of membership. If a customer contravenes GIGEBOX Limited Terms of Service, a refund will not be issued in the event of a cancellation by GIGEBOX Limited or the customer. Any incentives offered to customers when opening the account will also be cancelled. Customers may be given the option to purchase services which were offered as start-up incentives in the result of a cancellation. Fees charged on a prepay basis are non-refundable.
Products purchased from GIGEBOX Limited may be refunded only if cancelled within the following timeframe:
Annual Plans - Within 30 days of the date of the transaction
Monthly Plans* - Within 48 hours of the date of the transaction.
*Monthly Plans include all plans with less than a 1-year term (e.g., 6 mos., 9 mos., etc.)
“Date of the transaction,” for the purpose of this Refund Policy, means the date of purchase of any product or service, which includes the date any renewal is processed by GIGEBOX Limited in accordance with the terms and conditions of the applicable product or service agreement.
You may cancel a product at any time, but a refund will only be issued if cancellation is requested within the refund timeframe specified for the applicable product, if available at all.
Note: Some products have different policies or requirements for a refund associated with them, including some products that are not eligible for a refund under any circumstance. Please see below for refund terms applicable to such products.
PRODUCTS WITH SPECIAL REFUND TERMS
Refundable after the initial three months.
Professional Web Design Services
Web Services: 30% cancelation fee when in progress, 70% cancelation fee when site design is delivered for review, non-refundable once complete.
Logo Design: 40% cancelation fee when in progress, non-refundable once Artwork Delivered.
Website Makeover Services: 30% cancelation fee when in progress, 70% cancelation fee when site design is delivered for review, non-refundable once complete.
Purchased Product w/ Free Domain
In the event any purchased product includes a free domain name, if you cancel the purchased product, the list price for the domain name will be deducted from the refund amount (the list price is the price of the domain name listed on GIGEBOX Limited's website and is not subject to any promotion, discount, or other reduction in price).
If a Hosting Service has already been performed, then it is non-refundable (if not yet performed, eligible for a refund within 30 days of the date of the transaction).
PRODUCTS NOT ELIGIBLE FOR REFUNDS
- VPS / Cloud Servers
- Configuration Add-Ons
- Hosting paid Apps (not refundable once set up)
Service Cancellation Policy
If at any point of time you plan to cancel your service, you should inform GIGEBOX Limited seven (7) days before the date that you wish to cancel it, you can inform us by submitting a ticket to the billing department. If you don't inform us about it you will be liable to pay for the next billing cycle. If dues are not paid we reserve the right to suspend or terminate your account and also reserve the right to even suspend/freeze/takeover your domain to recover the funds.
Illegal Usage Policy
GIGEBOX Limited servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, 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 authorisation; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of unacceptable content or links include: pirated software, hacker programs or archives, pyramid/ponzi sites, Warez sites, MP3, Scam networks, sharing credit card information, bank information, PayPal or other similar financial account information. If any of these activities are ever found in your account it will be terminated without any refunds and you might be liable to civil or criminal penalties.
Adult Content Policy
Adult-oriented sites, pornography and sex-related merchandising are allowed on our web hosting servers. This does not include sites that may infer sexual content or provide links to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet, or provide links to such sites. Child Pornography is strictly prohibited. The proper authorities would be notified in this case.
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: unauthorised 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.
Server Resources Policy
Any website or process that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given the option to either pay additional fees (which will depend on the resources required), reduce the resources used to an acceptable level, or upgrade its service to a more expensive package. GIGEBOX Limited shall not be the sole arbiter of what is considered to be a high server usage level. Any web hosting account deemed to be adversely affecting server performance or network integrity will be shut down without prior notice.
UCE (Unsolicited Commerce Email) – SPAM Policy
Spamming, the sending of unsolicited mass email from or through a GIGEBOX Limited server or using an email address that is maintained on a GIGEBOX Limited machine is STRICTLY prohibited. GIGEBOX Limited will be the sole arbiter as to what constitutes a violation of this provision. Customers are also in violation of this provision if they engage in spamming using the service of another ISP or IPP, but channel activities through a GIGEBOX Limited server as a mail drop for responses. Violators will be assessed a minimum fine of $500 and will face immediate suspension or account termination Even mass mailing is strictly prohibited.
Server Abuse Policy
Any attempts to undermine or cause harm to a GIGEBOX Limited server or customer are strictly prohibited. Inviting/Spamming on IRC is also not tolerated, if found your account shall be terminated with no refunds. Going against the AUP of any IRC server/network using our server is also considered as abuse and if ever found your account shall be terminated with no refunds.
We try maintain a 99.9% uptime, but GIGEBOX Limited offers no guarantee for uptime due to the nature of the business.
We shall have the right to suspend the Services at any time and for any reason without notice, but if such suspension lasts or is to last for more than 30 days you will be notified of the reason.
The Services provided to you here under and your account with us cannot be transferred or used by anyone other than you.
No more than one login session under any one account may be used at any time by you.
User programs may be run only during login sessions. If your account is found to have been transferred to another party, or shows other activity in breach of this sub clause, we shall have the right to cancel the account and terminate the Services and/or this Agreement immediately.
GIGEBOX Limited reserves the right to change/modify their services at any time without notice.
Limitation Of Liability
GIGEBOX Limited customers agree to indemnify and hold harmless GIGEBOX Limited from any claims resulting from the use of our services that damages them or any other party. GIGEBOX Limited services are provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. GIGEBOX Limited expressly disclaims any representation or warranty that the GIGEBOX Limited service will be error-free, secure or uninterrupted. No oral advice or written information given by GIGEBOX Limited, its employees, licensor's or the like, will create a warranty; nor may you rely on any such information or advice. GIGEBOX Limited and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.