Terms of Service

Sumer Digital agrees to furnish services to the "Subscriber," subject to the following TOS (Terms of Service).

Use of Sumer Digital Services constitutes acceptance and agreement to both Sumer Digital's TOS (Terms of Service) and Sumer Digital's AUP (Acceptable Use Policy). The TOS and AUP may be changed from time to time at the discretion of Sumer Digital. Subscriber understands that changes to the TOS and / or the AUP by Sumer Digital shall not be grounds for early contract termination or non-payment by the Subscriber.

Ongoing until 7 days written notice is given by either of the parties.

A. Service may be cancelled at any time by contacting us at: servicecancellation@sumerdigital.com

B. Sumer Digital offers refund on the annual hosting fees to the customer upon cancellation made prior to the first 30 days of the first payment for the Service, unless otherwise specified on the individual service. This refund does not include any incurred setup costs or domain name registrations.

C. All annual plans can be cancelled at any time. Should the subscription be cancelled before the subscription due date, the Subscriber will be provided with a refund. The refund amount will be calculated based on monthly subscription term.

A. Sumer Digital does not extend credit to Subscribers. All services must be paid for in advance of service delivery.

B. Customers paying by bank transfer or cheque must have all dues submitted prior to account due dates. Annual Payment is required in order to pay by cheque. Returned cheques will result in suspension of service and will incur a $50.00 returned cheque charge, in addition to any service reestablishment fees applicable in order to reconnect suspended service.

C. All invoices are due upon receipt and will be considered overdue 7 days past the date received. A late fee of 1% per month will be charged on any overdue invoices.

D. All fees described above must be paid in addition to the cost of services ordered to establish or maintain a customer account. Sumer Digital does not issue refunds or credits except as explicitly specified within this Terms of Service.

E. If the Subscriber has not fulfilled its dues to Sumer Digital, the Service will be terminated after 30 days of the initial suspension date.

A. Subscriber agrees not to allow Sumer Digital equipment and services to be used for activities specifically prohibited by the Sumer Digital Acceptable Use Policy (AUP). It is the Subscriber's responsibility to review this agreement prior to executing this contract. The AUP may be updated from time to time and it is the Subscriber's responsibility to regularly check for updates.

B. Subscribers must not allow Sumer Digital resources to be used for SPAM or Unsolicited Commercial Email (UCE), hosting of content advertised by UCE, perpetration of security breaches or hacking, network attacks, illegal activities, child pornography, fraudulent activity, Trademark or Copyright infringement, virus distribution, and like activities.

C. Subscriber agrees to compensate Sumer Digital for any expenses Sumer Digital may incur resulting from Subscriber's violation of the posted AUP, including any fines, fees, legal expenses, and labor for investigation and resolution. The cost of any investigations will be charged to the Customer at AU$200 per hour during normal business hours. Emergency investigations are charged double-time at AU$400 / hour with a one hour minimum.

D. Subscriber is responsible for any activity conducted on their account, including unauthorized activity by hackers. This includes any AUP violations or bandwidth or transfer usage caused by hackers. Sumer Digital will endeavor to assist Subscriber but Sumer Digital is not responsible for protecting Subscribers from hackers and their actions and use of Subscriber's account.

E. Sumer Digital does not monitor Subscriber content and activities but reserves the right to disable service or remove content pending investigation of possible AUP violations without first giving notice.

F. Sumer Digital does not issue refunds for terminating service due to suspected AUP violations.

All software, hardware and IP addresses provided by Sumer Digital are leased to the Subscriber and remain the property of Sumer Digital and/or its suppliers. Sumer Digital reserves the right to change any network infrastructure, software, hardware and IP addresses at its sole discretion.

Subscriber will provide and transmit to the system software, data and content to be uploaded to the servers and accessed by the general public via the Internet. Upon termination of this agreement, Subscriber agrees to remove all uploaded software, data and content prior to the termination date of the contract. Sumer Digital will not be responsible for providing access or copies of the software, data or content stored on the system after the final termination date.

A. Sumer Digital may interrupt service to perform maintenance. Sumer Digital will use its best efforts to inform Subscriber before interrupting service to insure that access loss is minimized. In the event of software or equipment malfunction or failure, Sumer Digital will provide its best efforts to repair the system as quickly as possible.

B. In the event that Sumer Digital suspects that server security has been breached, Sumer Digital reserves the right to disable the server and/or the account in order to facilitate investigation and recovery in coordination with Subscriber.

C. Subscriber agrees that Sumer Digital shall not be responsible for any service interruptions.

For more information on Sumer Digital's Service Level Agreement, please see http://www.sumerdigital.com/sla.php

A. Upon the discovery of facts which reasonably indicate that Sumer Digital has breached the terms of this agreement or otherwise failed to perform its obligations under this Agreement, been negligent, or otherwise breached legal duty, Subscriber shall promptly notify Sumer Digital of such facts and follow up any such verbal notification with a written notice within 30 days of such discovery. The failure to give the foregoing notices shall constitute an irrevocable waiver of all claims and causes of action. Subscriber must commence any legal action against Sumer Digital with respect to this Agreement within 12 months after the incident giving rise to the claim or cause of action, regardless of when the incident is discovered. If proper notification is given to Sumer Digital as requested by Subscriber anytime during the twelve (12) month period following such notification, Sumer Digital shall at its sole discretion and option (i) revise or repeat free of charge the service affected by the failure of performance, negligence or breach, or, (ii) terminate this Agreement and pay Subscriber for all incidents, problems, and/or failures up to a maximum of all sums paid to Sumer Digital for service fees. Payment will be made via Sumer Digital cheque from Sumer Digital. The remedies set forth in this paragraph are Subscriber's sole and exclusive remedies should Sumer Digital breach the above express warranty or otherwise fail to perform its obligation under this Agreement, be negligent or in breach of legal duty.

B. The parties acknowledge and agree that Sumer Digital shall not be held liable for any consequential damages, including without limitation loss of use or loss of profits, incurred by Subscriber, Subscriber's Subscriber or customer or its subsidiaries or successors, regardless of whether such damages are sustained based upon as alleged breach of contract, negligent act, or omission.

C. Sumer Digital is not responsible for data or content maintained and distributed by Sumer Digital facilities. THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS AND CUSTOMER'S USE OF THE SERVICES IS AT ITS OWN RISK. Sumer Digital DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL OTHER EXPRESS AND/OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. Sumer Digital DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

A. The agreement contains the sole and entire agreement of the parties with respect to the services to be provided by Sumer Digital, and any and all prior or contemporaneous communications, negotiations, commitments, and understandings related thereto are hereby merged herein.

B. Sumer Digital reserves the right to amend or otherwise change this agreement by publishing the updated service agreement on the Sumer Digital Web site at http://www.sumerdigital.com/tos.php. Subscriber may reject the revised agreement and cancel service with 30 days written notice if the amended terms are not acceptable to the Subscriber.

C. This Agreement shall be construed and enforced in accordance with the laws of the Commonwealth of Australia, with respect to transactions entered into and to be performed entirely within Australia.

D. All written communications shall be directed to the Subscriber using the contact information provided to Sumer Digital at the time of order unless otherwise instructed in writing by Subscriber. All fees due Sumer Digital should be mailed to PO Box 98, Northbridge, Western Australia 6865 .

Subscriber has reviewed the current Acceptable Use Policy and this Terms of Service and Subscriber and Sumer Digital hereby agree by making use of the Sumer Digital service.

Terms of Service (TOS) effective 10 December 2005.