In this document, unless the context requires otherwise:
- Quantum Core We, our or us means Quantum Core VPS (ACN 136 903 172), and any agents contractors or employees of Quantum Core VPS.
- The Customer, You or your means the customer who receives the Quantum Core Services and/or products your employees agents or any other person who uses your account, login or password, with or without your authorisation or the person applying for, or the holder of, a Domain Name Licence.
- The Commencement Date of this agreement is the earlier of:
- the date that your application to Quantum Core for access to the Quantum Core Network is accepted; or
- the date that you first access the Quantum Core Network
- The Quantum Core Network means the any electronic device owned and operated by Quantum Core used in the provision of hosting services or connection to the Internet and World Wide Web, including any associated setup or configuration procedures taken by The Customer to gain said access.
- The Fees means the fees and charges payable for the service as determined by Quantum Core
- Domain Name means the domain name which is the subject of your application, and if successful, the Domain Name Licence.
- Registry Operator means the operator of the domain names registry for the Domain Name.
2. Quantum Core Services
- Quantum Core will endeavor to provide service to The Customer as soon as possible after The Customer completes the relevant sign up forms and make payment for the service.
- If Quantum Core is unable to provide the service The Customer has requested, The Customer will be informed within 5 working days and The Customer will receive a full refund for any charges paid for that service.
- Quantum Core will provide The Customer with Quantum Core Services in such a manner as Quantum Core deems fit.
- The Customer agrees to provide all the hardware required to properly use the Quantum Core Network unless otherwise agreed with Quantum Core.
- Quantum Core reserves the right to alter the nature of the Quantum Core Network at any time.
3. The Customer Agrees to Pay
- The Customer agrees to pay to Quantum Core The Fees in respect of the Quantum Core services provided. The fees are required to be paid by The Customer to Quantum Core within 14 days of the dispatch of the invoice. Invoices will be sent electronically by E-Mail.
- Quantum Core reserves the right to alter the amount and nature of The Fees. Quantum Core will give The Customer notice of any changes to The Fees electronically. The Customer will have fourteen (14) days’ notice of the changes to the Fees. If The Customer do not wish to continue to use the Quantum Core Network The Customer are required to notify us within that fourteen (14) days period of the same and Quantum Core will disconnect The Customer’s account. If The Customer does not respond we will assume that The Customer has accepted the revised Fees.
- If The Customer does not pay The Fees within the specified period we reserve the right to charge The Customer interest at the rate of 15% per year accruable daily from the due date for payment until the date that the payment is received by Quantum Core. Quantum Core also reserves the right to require The Customer to pay an administrative charge for late payments.
- The Customer acknowledges that The Customer is responsible for all Fees incurred by anyone using The Customer’s account login or password regardless of whether or not The Customer has authorized them to do so. Accordingly we strongly advise that The Customer takes all appropriate action to ensure the absolute security of The Customer’s account login and password details
- If The Customer provides a credit card or direct debit authority, it will be debited upon renewal unless The Customer instructs otherwise. 14 days’ notice is required if The Customer does not want a payment to be charged against an existing credit card or direct debit authority.
- Fees are payable in advance.
- The Customer will be notified prior to the commencement of any billing period of the Fees payable for that period.
5. Content of Information
- The Customer agrees to use the Quantum Core Network only in accordance with the Acceptable Usage Policy.
- The Customer agrees to comply with all the reasonable directions and instructions of Quantum Core in relation to use of the Quantum Core Network.
- The Customer agrees to observe all relevant laws in the State or Territory in which The Customer resides relating to the use of the Internet.
- Subject to this agreement, Quantum Core recognizes the customer’s wishes for privacy and does not purport to exercise control or supervision over the content of information accessed or provided via the Quantum Core Network. However, if Quantum Core for whatever reason becomes aware of a breach of the Acceptable Usage Policy then it reserves the right to immediately;
- Without notice remove any web pages provided by or to The Customer
- Terminate or suspend the provision of the Quantum Core Services to The Customer
- Provide a copy of the infringing material to any authority empowered by law to request the same
- The Customer acknowledges that Quantum Core will have access to The Customers data, and whist generally Quantum Core will respect The Customers privacy, in very limited cases such as resource allocation or system checks Quantum Core will examine data content. The Customer agrees in those cases that Quantum Core will not be held liable by The Customer for any alleged breach of confidentiality or privacy.
6. Acceptable Usage
- These Terms and Conditions include and incorporate the Quantum Core AUP available HERE
- Quantum Core will endeavor to provide the Quantum Core Service to The Customer to the best of its ability.
- However from time to time there will need to be proper maintenance of the Quantum Core Network and at some times Quantum Core may not be able to provide The Customer with the service. Quantum Core will endeavor to minimize down time and where possible schedule such down time at a time least likely to inconvenience The Customer.
- Due to these factors Quantum Core can give The Customer no warranty or guarantee in relation to the availability of the Quantum Core Services at all times. Similarly it gives no warranty or guarantee in relation to the performance features or compatibility of any co-operating electronic mail network or connected Internet service.
- If Quantum Core suspects The Customer is in breach of these Terms and Conditions Quantum Core reserves the right to access the customer's data for the purposes of investigating breach of terms.
- The Customers indemnifies Quantum Core and holds Quantum Core harmless against any damages arising from any claims brought by The Customer or any other person against Quantum Core from The Customers use of the Quantum Core Service, The Customers negligence or The Customers breach of this agreement.
- Except as provided by the contrary by Legislation The Customer acknowledges that Quantum Core is not under any liability to The Customer in respect of any loss or damage which The Customer may suffer from the provision of the Quantum Core Network or its inability to do so. In particular Quantum Core accepts no liability for any loss of business, personal discomfort or any other damages arising from or alleged to have arisen from the loss of or non-provision of services to The Customer or any third party.
- We specifically exclude any implied warranties from this Agreement. If by Legislation we are required to give a warranty as to services then The Customer agrees that our liability for any breach of such warranty is limited to
- the supply of the Quantum Core Service again; or
- the payment of cost of having the Quantum Core Service supplied again.
9. Protection of Data and the Need for Backing Up
- Quantum Core advises that whilst it will use its best endeavors to preserve the integrity of The Customers data, it is NOT liable for any damage or loss caused by loss or damage to The Customers data. Quantum Core strongly advises The Customer that they should prepare and maintain independent backup files of all data provided or accessed under the Quantum Core Network.
10. Our Right of Termination
- Quantum Core is entitled to immediately terminate this agreement without any requirement to notify The Customer in the event that;
- We discover that The Customer has breached this agreement
- The Customer becomes bankrupt or goes into liquidation or has a receiver appointed to The Customer or assets The Customer owns
- any account payable by The Customer remains unpaid for a period in excess of fourteen (14) days
- for any other reasonable matter that Quantum Core in its complete discretion decides.
- In addition to our right of termination we can also without notice suspend The Customer’s account if The Customer’s account is overdue. If we then chose to reconnect the account – which we are not obliged to do – The Customer will be required to pay the necessary reconnection fee.
- All products are due in advance of provisioning of the service. Quantum Core does not provide refunds unless Quantum Core is unable to provision the required service.
- Where possible, refunds will be paid using the same method as the initial payment.
- All credit redeemed from the FREE CREDIT promotion is non-refundable.
13. Credit Card Information
- Quantum Core uses PayPal for all credit card processing.
- All transmission of credit card information takes place within an 256 bit encrypted SSL tunnel
- If any goods and services tax or value added tax or any similar tax is imposed or arises as a result of this agreement then that is a cost that The Customer must pay in addition to The Fees.
- The Customer acknowledges that this agreement cannot be assigned by The Customer to anyone else without consent from Quantum Core. However Quantum Core can assign its rights under this agreement without The Customers prior written consent. Any assignee to whom Quantum Core sells its rights will be required to notify The Customer if the same occurs.
- Unless otherwise agreed the relevant law to apply to any dispute that arises between Quantum Core and The Customer is the Law of the Australian Capital Territory
- The Customer is deemed each time that they access the Quantum Core Network to have checked these conditions for any changes and Quantum Core strongly encourages The Customer to do so.
- If you have a complaint or issue with the service we are providing we urge you to contact us.
- We will acknowledge your correspondence within 3 working days of its receipt, and will make all reasonable efforts to provide you with a response to your concerns within 7 working days. We will endeavour to resolve your complaint as soon as possible. In the event that you remain unsatisfied with our proposed resolution, please let us know. We can discuss the matter further if necessary and/or advise you of third party resolution options that may be available to you depending on the circumstances. https://quantumcore.com.au/contact
16. Cancellation Policy
- All cancellation requests will be in writing by post or email, 7 days prior to the due date of the service renewal.
- Where possible, refunds will be paid using the same method as the initial payment.
- Quantum Core offers a 100% uptime guarantee via this Service Level Agreement based on the node availability.
- This uptime guarantee ONLY applies to the node availability. This SLA does not cover any outage due to server software, operating system, improper configuration, Denial of Service Attacks or the pause/suspension of your Virtual Server.
- Any outage caused by third party, including network, is not covered.
- When applicable for credit, you will receive the agreed amount in credit to your Quantum Core account. This is non-refundable.
- Outage time frame:
- 3.5 Hours+ per calendar month: 50% of your full monthly service cost.
- 7 Hours+ per calendar month:100% of your monthly service cost.
- If you believe you are eligible, please open a support ticket.
18. Free Credit
- The remaining credit expires in 365 days from the day of redemption.
- The credit is non-refundable.
- Can only be redeemed once per person.
Our terms of service are subject to change. Any changes will be available on this page.