Terms of Service

  1. Definitions
    1. Where the term “Us”, “We”, or “Our” appears this refers to the Australian company “Purple Flag Hosting”.
    2. Where the term “Client” is used this refers to the person or organisation purchasing or obtaining the services from Purple Flag Hosting.
    3. The “Client billing area” is the client accessible portion of the billing system.
    4. The term “partners” may refer to payment processors, fraud detection services, and service providers who provide us resources such as servers or connectivity.
  2. Limitation of Liability
    1. While we aim to deploy servers within sixty (60) seconds of order, this timeframe is indicative only and is not guaranteed; deployment may be delayed due to factors including but not limited to payment verification, fraud checks, capacity constraints, or issues with our partners, and the client agrees no compensation, credit, or refund will be provided solely on the basis of a delayed deployment.
    2. The client acknowledges that hosting services rely on hardware, network, and infrastructure provided by us and our partners, and, while we take reasonable steps to maintain uptime, the client agrees we shall not be liable for losses or damages arising from the client’s, or other persons’, inability to access the provided services, including but not limited to downtime caused by hardware failure, network outages, denial-of-service attacks, or scheduled maintenance.
    3. Where reasonably possible, we will provide advance notice of scheduled maintenance via the client billing area or registered contact information.
    4. We shall not be liable for any failure or delay in performing our obligations where such failure or delay results from causes beyond our reasonable control, including but not limited to acts of god, natural disaster, war, power failure, internet backbone failure, or failure of a partner.
  3. Refunds and Disputes
    1. No refund will be given where we determine that the client violated one of our policies, our partners’ policies, the law, or other legal obligations.
    2. The client is entitled to cancel a service and be provided a refund within the first seven (7) days of service if the service doesn’t meet the client’s expectations.
    3. The client is entitled to a refund where required by the Australian consumer guarantees.
    4. Except where otherwise stipulated in this document no refunds will be provided.
  4. Billing
    1. The client agrees that if an invoice is not paid seven (7) days past the due by date the client’s service will be suspended until the balance owing has been paid.
    2. The client agrees that if an invoice remains unpaid fourteen (14) days after the invoice’s due by date the service will be terminated, and all related data may be deleted or otherwise destroyed.
    3. The client agrees that their chosen payment method may be automatically charged when an invoice is issued for the balance of the invoice.
    4. The client acknowledges they may be liable for any fees we incur as a result of failed or reversed payments.
    5. Service upgrades will be billed on a pro-rata rate, based on the difference in price between the current and requested service level.
    6. Upgrades and downgrades are only available within the same product type (eg. You can’t upgrade a Minecraft service into a Counter-Strike: Source service)
    7. Service downgrades are available at our discretion and may not be available in all cases.
    8. No refunds shall be provided for service downgrades.
  5. Fraud Prevention
    1. Where we reasonably believe a client has engaged in fraud, chargebacks, or other misconduct in breach of these terms, we may report the client's details and the nature of the conduct to fraud prevention databases and services, including FraudRecord, to assist other providers in identifying fraudulent conduct.
    2. The client acknowledges that information reported to such databases may be accessible to other subscribing businesses and is not solely within our control once submitted.
  6. Cancellations
    1. Service cancellations must be placed by the client using the “Request Cancellation” button in the client billing area.
    2. The client will be presented with two options when requesting cancellation:
      1. Immediate – The service will be cancelled as soon as possible, usually within 24 hours of the request
      2. End of Billing Period – The service will be cancelled at the end of the billing period
    3. No refund will be provided for cancelled services unless otherwise stated in writing by us.
    4. The client acknowledges that once a service has been cancelled or terminated the server and any related data, including but not limited to, game server files, configuration files, maps, and databases, may be deleted or destroyed.
  7. Data and Backups
    1. The client retains ownership of any data, files, or content they upload to or generate on their service, and grants us a licence to access, store, transfer, and otherwise use that data to the extent reasonably necessary to provide, maintain, and support the services.
    2. The client is solely responsible for maintaining their own backups of any data, files, or configurations stored on their service.
    3. While we may provide backup tools or facilities as a courtesy, we do not guarantee the availability, completeness, or integrity of any backups, and the client agrees we shall not be liable for any loss of data.
    4. The client acknowledges that data may be irretrievably lost as a result of hardware failure, software faults, human error, or other events, and it is the client’s responsibility to maintain independent copies of important data.
  8. Customer contact and information
    1. The client agrees to provide accurate and correct information to us, including but not limited to, full name, address and email address, and to keep that information up to date at all times
    2. The client agrees to receiving invoices, notices and other communications from us via their registered contact information.
    3. The client's personal information will be collected, stored, and used in accordance with our Privacy Policy.
    4. The client warrants that they are at least 18 years of age, or, where the client is an organisation, that the individual accepting these terms is authorised to bind that organisation.
  9. Account security
    1. The client must take all reasonable steps to ensure the security of their account passwords, API keys, and other credentials used to access their data or control their services.
    2. The client agrees to notify us immediately if the security of their accounts or services has been compromised and take any reasonable steps to repair the security, including but not limited to, changing passwords, and revoking API keys.
  10. Acceptable Use
    1. The client agrees not to modify their service in a way to provide a service different than originally supplied.
    2. Our services are not to be used for bulk mailing services unless otherwise agreed in writing.
    3. The client agrees not to use, or permit their service to be used, to store, distribute, or transmit illegal content, or content that infringes the intellectual property rights of a third party.
    4. The client agrees not to use their service to launch, participate in, or facilitate denial-of-service attacks or other malicious network activity against any party.
    5. The client agrees not to use their service in a manner that consumes a disproportionate share of shared server resources (including but not limited to CPU, RAM, disk I/O, or bandwidth) to the detriment of other clients.
    6. We reserve the right to suspend or terminate a service without notice where we reasonably believe it is being used in a manner that violates this Acceptable Use section or poses a security risk to our network or other clients.
    7. The client agrees to comply with the end-user licence agreement and terms of service of any third-party software, including game server software, run on their service, and acknowledges we are not liable for any action taken by a third-party publisher against the client's account or service, including but not limited to bans or blacklisting.
    8. We may remove or disable content, or suspend a service, upon receiving a valid notice that content hosted on that service infringes the intellectual property rights of a third party, without liability to the client.
  11. Governing Law
    1. These terms, and any dispute arising from or relating to them, are governed by the laws of Western Australia.
    2. The parties submit to the exclusive jurisdiction of the courts of Western Australia.
    3. Nothing in this clause limits any rights the client has under the Australian Consumer Law that cannot be excluded by agreement.
  12. General
    1. If any provision of these terms is found to be invalid or unenforceable, that provision will be severed and the remaining provisions will continue in full force and effect.
    2. These terms constitute the entire agreement between the client and us in relation to the services, and supersede any prior agreements or understandings.
  13. Changes to our policies
    1. We may alter this document at any time.
    2. Changes will be made available via our website.
    3. Continued use of our services signifies your agreement to any changes.
    4. Changes made will become effective immediately once published on our website.

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