Terms of Service

1. Introduction

BAMLABS PTY LTD, [also referred to as 'BAMLABS' & 'The Brand' in the proceeding text) agrees to furnish services to the Customer, subject to the following TOS (Terms of Service). Use of BAMLABS Service constitutes acceptance and agreement to BAMLABS PTY LTD AUP as well as BAMLABS Pty Ltd TOS policy (Terms of Service).

2. Disclosure

Our Appropriate Use Policy, which is hereby incorporated by reference, specifically prohibits the use of our service(s) for illegal activities. Customer agrees that BAMLABS may disclose any and all customer information including assigned IP numbers, account history, account use, correspondence between BAMLABS and the customer, and any other information related to the customer, the account, or any past or current services. to any law enforcement agency who makes a written request without further consent or notification to the customer. In addition BAMLABS shall have the right to terminate all service set forth in this Agreement if, in the sole discretion of BAMLABS, the account and/or services were used in any manner which is illegal or otherwise violates these Terms of Service, our AUP, or any other company policy. If an account is terminated in accordance with this section, no refunds shall be issued and all amounts prepaid forfeited.

3. Limitation of Liability

IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF FEES PAID TO US FOR THE PARTICULAR SERVICES DURING THE IMMEDIATELY PREVIOUS ONE MONTH PERIOD, EVEN IF BAMLABS HAD BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY THEREOF. CUSTOMER ACKNOWLEDGES THAT THE FEES PAID BY HIM OR HER REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT BAMLABS WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS. CUSTOMER HEREBY WAIVES ANY AND ALL CLAIMS AGAINST BAMLABS ARISING OUT OF CUSTOMER'S PURCHASE OR USE OF THE SERVICES, OR ANY CONDUCT OF BAMLABS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICES OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO OR USE OF THE SERVICES.

4. Warranty

You release us from all liability for you having acquired or not acquired Content through the Services. We make no representations concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Services.

THE SERVICES AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.

5. Service Rates

Customer acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Customer. Customer is aware that BAMLABS may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.

5a. Bandwidth Overages

Bandwidth Overages: All BAMLABS bandwidth overages are billed at $0.20 per GB for metered transfer customers. Customers on 95th percentile billing will be billed an overage rate agreed to upon sign-up, or their current Per Mbps 95th percentile rate, whichever is higher.

6. Payment

Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month.s service. Customer agrees that The Company automatically charges Customer's credit card every month. BAMLABS reserves the right to process client credit cards from 1 to 5 days before the actual due date to ensure that the funds are received by the due date.

7. Payments & Fees

Credit cards that are declined for any reason are subject to a $1.00 declination fee. Service will be interrupted on accounts that reach 4 days past due. Service interrupted for nonpayment is subject to a $50 reconnect charge.Accounts that are not collectible by BAMLABS may be turned over to an outside collection 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 $50 nor more than $150. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this Terms of Service.

8. Refund & Disputes

All payments to BAMLABS, are nonrefundable. This includes the one time setup fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 30 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in BAMLABS. sole discretion is a valid charge under the provisions of the TOS and /or AUP, you agree to pay BAMLABS an .Administrative Fee. of not less than $50 and not more than $150.

9. Suspension for Nonpayment

If a Customer is past due on their balance, BAMLABS may send up to three (3) email notifications within a fifteen (14) day period before suspending the Customer's account. Servers will be temporarily powered off during the suspension period. BAMLABS reserves the right to delete the Customer's suspended machines after the final termination notice.

10. Account Cancellation

All requests for canceling accounts must be made via the customer portal or via e-mail at accounts@bamlabs.com.au with at least 48 hours before the next invoice due date. You must have all account information to cancel and accounts must be paid in full before the cancellation will be considered complete.

11. Billing and Term

The term of this Agreement shall be monthly, to commence on the date that the Customer signs up electronically for the Services by creating an Account with an email address. All invoices are denominated, and Customer must pay, in Australian Dollars. Customers are typically billed monthly (7) days prior to end of each month, with payment due no later than (7) days past the invoice date. On rare occasions, a Customer may be billed an amount up to the Customer's current balance in an effort to verify the authenticity of the Customer's account information. This process ensures that Customers without a payment history are not subjected to additional scrutiny. Customers are entirely responsible for the payment of all taxes.

Some of the paid Services may consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you. By choosing a recurring payment plan, you acknowledge that such Services have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORISATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORISATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORISATION OR CHANGE YOUR PAYMENT METHOD, GO TO https://nova.bamlabs.com.au

YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSORS IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT https://nova.bamlabs.com.au IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID SERVICES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR PAID SERVICES AS SET FORTH ABOVE.

12. Support Boundaries

BAMLABS, provides 24/7 technical support to our customers. BAMLABS only ensures that the server is online and is remotely accessible. BAMLABS, does not offer tech support for application specific issues such as cgi programming, html or any other such issue. BAMLABS does not provide technical support for YOUR customers. If you can email, we encourage you to email support@bamlabs.com.au for assistance.

13. SPAM and Unsolicited Commercial Email (UCE)

BAMLABS takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM (of any kind) over our network. Very simply this means that customers of BAMLABS may not use or permit others to use our network to transact in UCE. Customers of BAMLABS may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.

Violation of BAMLABS's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, BAMLABS will initiate an immediate investigation (within 48 hours of notification). During the investigation, BAMLABS may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, BAMLABS may, at its sole discretion, restrict, suspend or terminate customer.s account. Further, BAMLABS reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. BAMLABS will notify law enforcement officials if the violation is believed to be a criminal offense.

First violations of this policy will result in an .Administrative Fee. of $150 and your account will be reviewed for possible immediate termination. A second violation will result in an .Administrative Fee. of $250 and immediate termination of your account. Users who violate this policy agree that in addition to these .Administrative. penalties, they will pay .Research Fees. not to exceed $175 per hour that BAMLABS personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.

As our Customers are ultimately responsible for the actions of their clients over the BAMLABS network, it is advisable that Customers develop a similar, or stricter, policy for their clients.

We permit the sending legal, CAN-SPAM act compliant e-mail from one IP address per server or VLAN without additional charge. Additional charges apply whenever mail will be sent from multiple IP addresses or if any of the IPs are being used in connection with bulk e-mail, such as hosting sites which are referenced (via hyperlink or otherwise) in bulk messages. All IP addresses that will be used on a server or VLAN that is used for or in connection with the sending of e-mail are billed at a rate of $2.00 per IP address per month. This rate applies to all IP addresses associated with the server or VLAN from which the e-mail is being sent, including those addresses which aren.t being used for or in connection with the sending of e-mail. Any customer found to have used multiple IP addresses on one server or VLAN for the sending of e-mail will, at the sole discretion of BAMLABS, be charged $2.00 per IP address retroactively from when the IP assignment was made. BAMLABS requires that all clients maintain opt-in information for all customers including the date, time, and source that each e-mail was added to the mailing database. This information must be retained for not less than 90 days and must be supplied to BAMLABS upon request. The opt-in information may be forwarded to any complainant alleging that they have received SPAM e-mail messages.

Important Notice

Anyone hosting websites or services on their server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their server immediately removed from our network. The server will not be reconnected until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the server from our network without notice to the customer. Any server guilty of a second violation WILL be immediately and permanently removed from our network without notice without refund.

14. Network:

14a. IP Address Ownership

IP Address Ownership: If BAMLABS assigns Customer an Internet Protocol address for Customer.s use, the right to use that Internet Protocol address shall belong only to BAMLABS, and Customer shall have no right to use that Internet Protocol address except as permitted by BAMLABS in its sole discretion in connection with the Services, during the term of this Agreement. BAMLABS shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by BAMLABS, and BAMLABS reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion, at any time and without any advanced notice. Our allocation of IP addresses is limited by APNICs new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorisation to use those IP addresses that could be used with name-based hosting. All IPs that are allocated to client must be utilized within 48 hours. If allocated IPs are not utilized within this time frame The Company reserves the right to retract IPs that are not being utilised without notifying the client.

14b. Bandwidth Usage

BAMLABS will monitor Customer.s bandwidth. BAMLABS shall have the right to take corrective action if Customer.s usage negatively impacts other clients.

14c. System and Network Security

Users are prohibited from violating or attempting to violate the security of the BAMLABS Network. Violations of system or network security may result in civil or criminal liability. BAMLABS 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.

Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation.
Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, .flooding., .mail bombing. or .crashing..
Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
Taking any action in order to obtain services or access to which such User is not entitled.
Using any method to change, mask, hide, or otherwise obscure the source of any IP packet, including but not limited to the use of .spoofing. techniques, open relays or proxies, or the use of any inaccurate or unauthorized information or domain name, including TLD, in a PTR or other reverse DNS record that provides for IP to name resolution, including records hosted on BAMLABS, DNS servers or any other server to which IP to name resolution authority is delegated or otherwise assigned.

Notification of Violation

BAMLABS is under no duty to look at each customer.s or user.s activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities.

First violation: Any User, which BAMLABS determines to have violated any element of this Acceptable Use Policy, shall receive an email, warning them of the violation. The service may be subject at BAMLABS.s discretion to a temporary suspension pending a User.s agreement in writing, to refrain from any further violations.

Second Violation: Users that BAMLABS determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.

We reserve the right, to drop the section of IP space involved in Spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer.s network, or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.

15. Suspension of Service or Cancellation

BAMLABS reserves the right to suspend network access to any customer if in the judgment of the BAMLABS network administrators the customer.s server is the source or target of the violation of any of the other terms of the AUP or for any other reason which BAMLABS chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer.s machines were suspended.

16. Changes in Policy

BAMLABS reserves the right to amend its policies at any time. All Sub-Networks, resellers and unmanaged servers of BAMLABS must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation. You will be held responsible for the actions of your clients in the matter described on these Terms and conditions. Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of use policy.

17. Indemnification

You shall defend, indemnify, and hold harmless us, our affiliates, parents, subsidiaries, any related companies, licensors and partners, and each of our and their respective employees, officers, directors, agents, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable solicitors’ fees, that arise from or relate to your (or any third party using your Account or identity in the Services) use or misuse of, or access to, the Services, Content, or otherwise from your User Content, violation of these Terms of Service or of any law, or infringement of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.

18. Backups

Customer is solely responsible for the preservation of Customer's data which Customer saves onto its Cloud Server (the “Data”). Even with respect to Data as to which Customer contracts for backup services provided by BAMLABS, BAMLABS shall have no responsibility to preserve Data. BAMLABS shall have no liability for any Data that may be lost, or unrecoverable, by reason of Customer’s failure to backup its Data. All Backups performed by BAMLABS on the customers behalf are provided as a 'Best Effort Service'.

18. Miscellaneous Provisions

You must provide us with, and keep current, good contact information for you. E-mail and telephone contacts are used, in that order of preference. The typical time for the provisioning of new cloud server orders is 120 seconds after you have been verified and we receive payment for the order. A waiver by the Company of any breach of any provision of this Agreement by Customer shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.

Customer shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Customer. Company reserves right to cancel customers rights under this contract at anytime without further obligation.

BAMLABS takes no responsibility for any material input by others and not posted to the BAMLABS Network by BAMLABS. BAMLABS is not responsible for the content of any other websites linked to the BAMLABS Network; links are provided as Internet navigation tools only. BAMLABS disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party.s violation of this policy.

BAMLABS is not responsible for any damages your business may suffer. BAMLABS does not make implied or written warranties for any of our services. BAMLABS denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by BAMLABS.

19. Responsibility for Content

You, as BAMLABS PTY LTD. customer, are solely responsible for the content stored on and served by your BAMLABS server.

20. Refunds

All payments made to BAMLABS PTY LTD, for services provided by the BAMLABS brand are Non-Refundable