IMPORTANT PRE-LAUNCH (Beta Testing) NOTICE :
Unbranded Space are not officially launching until early 2018. As such we are looking for early subscribers to provide us with some valuable pre-launch feedback. This does mean that some of our advertised features are still in a testing phase. These features relate to our exclusive subscriber dashboard and our custom widgets for the Elementor Site Editor. By agreeing to our Terms & Conditions, you accept that there may be intermittent interruptions to these features.
The Testing (Beta) Phase does not apply to your Hosting, SSL Certificates, Domains Names, Email Hosting, the Core WordPress Engine, third party WordPress plugins we use or the Core Elementor Site Editor Engine. All of these services are provided by third parties and are considered to be in a published/released state and are guaranteed to function as described in the specific Terms & Conditions of the Third Party. Details of these third party providers and where to find their Service Level Agreements and/or Terms & Conditions can be found in our Terms & Conditions below.
To clarify: The ability to edit, publish and host your website is fully functional, but some of the extra features which we consider "Add-On" services are still going through their final tests.
Terms of Service & Service Level Agreement
By subscribing to our service you agree to the following Agreements and policies outlined below. This agreement is between you and Unbranded Space.
TERMS OF SERVICE (TOS)
1. This Service
1.1 The Unbranded Space Subscription Service is provided by Unbranded Space to you. Your use of this Service and any additional services introduced by us and contained within constitutes acceptance by you of these Terms of Service (TOS).
1.2. This TOS, together with your Subscription order, represent the entire agreement relating to the Services and supersedes any agreements previously entered into between you and Unbranded Space. Any other contract provisions presented by you are expressly rejected.
1.3. In addition to this TOS, all domain name registrations are subject to the terms and conditions of any registrar Unbranded Space may use to fulfil the Order and their rules and regulations. You agree to be bound by the rules and regulations and dispute resolution policies applicable to each domain name applied for on your behalf. Details of these terms and conditions are available in Section H of this TOS.
1.4. The current TOS is always available on Unbranded Space’s website. We may alter this TOS at any time with notification by posting the updated agreement on our website and where we deem it significant we will notify you directly via email. If you do not agree to any changes, you must terminate your subscription within ten business days of the date of the change. Only a Unbranded Space administrator may alter this TOS. No agent of, or person employed by, or under contract with, Unbranded Space has any authority to alter or vary this TOS. No oral explanation or oral information given by any party shall alter the interpretation of this TOS.
1.5. In this TOS we mention certain legal rights you have if you are a consumer. This TOS does not affect or change these legal rights.
2.1 You must be a minimum age of 18 to register on and use the Service. By registering and using the Service you warrant that you are 18 or older and understand your obligations under these Terms & Conditions.
2.2 You must also be the legal owner of an Australian business. By registering and using the service you warrant that your business is a legally registered Australian business. We currently only transact with with businesses or individuals (acting on behalf of a business) if that business is located within Australia, and all transactions are to be conducted in Australian Dollar currency.
2.3 We will review all Orders to determine if they meet our financial, security and other reasonable criteria (Fraud Screen). We might ask you for additional information before we can process your Order. You may receive notice that your Order has been rejected because it fails to pass our Fraud Screen. We are unable to provide additional information about the reasons a particular Order fails to pass the Fraud Screen. Orders that fail our Fraud Screen will not be accepted and Service will not be provided. We have no liability for Orders that are not processed because they have failed our Fraud Screen.
3. General Terms & Conditions
3.1. You will conform to the standards and acceptable use policies of Unbranded Space which are set out in our policies.
3.2. You are responsible for obtaining any licenses or permissions from any third party which are required to upload content to the Services.
3.4. You will receive passwords to be used when you log into your User Area, server and/or certain Services. You are solely responsible for all passwords. You must keep all passwords confidential and take security measures to prevent any person from gaining access to them.
3.5. Unbranded Space's Service Level Agreement in Section A (SLA) sets out the performance you can expect from us. The SLA is your sole and exclusive remedy for Service disruptions covered by it, unless you are a consumer in which case you have certain rights under the law if we fail to provide the Services to you.
3.6. Certain aspects of the Services will only be licensed to you. These aspects may only be used by you while using the Services, and may not be transferred. Upon Termination of this TOS, or a particular Service, this license will end.
3.7. The Services are provided to you as configured for our standard customer. We may update or upgrade the Services and/or any software installed on your account at any time without prior notification to you. You bear ultimate responsibility to ensure that the Services are configured to meet your operational, privacy and security needs. Your hardware, software and any other items you deem necessary to use the Services must be compatible with the Services. We are not obligated to modify the Services to accommodate your use.
3.8. To the maximum extent applicable under national law and without affecting your rights as a consumer, the Services are provided on as-is basis. The hardware configurations may vary. Unbranded Space may replace your host server hardware, transfer it from one datacenter to another, transfer your account to another server or modify certain software configurations when deemed necessary by Unbranded Space. These differing configurations may result in slightly different performance from the Services.
3.9. The proprietary and third-party software we offer as part of the Service is provided as-is and is subject to all warranty disclaimers and limitations of liability set out herein. This software may have terms and conditions that are in addition to those set out in this TOS. By agreeing to this TOS you are also agreeing to the TOS of our third party providers. If you fail to do so, your ability to use the Service may be affected. Terms and conditions incorporated by reference are listed in the respective sections of this TOS.
3.10. We will use good faith efforts to backup data stored on the server. We maintain daily and weekly backups. In the event of us having to restore a backup, you accept that it is possible you may loose any data created by you up to the time from when the last backup was made. You also accept that it is ultimately your responsibility to ensure you have a backup of content held on our servers.
Daily backups can only be restored in the event of a critical event such as server failure or a malicious attack causing corruption of the site, where it is deemed by us that a backup restoration is the best solution. We will charge for restoring daily backups at our hourly rate.
We also maintain weekly Backups of your WordPress installation and these can be restored free of charge on your request. These backups are in addition to the daily server backup described above. In the event of restoring a weekly backup, you accept that all data added since the backup will be lost.
We may determine that certain file extensions are not suitable for backup and exclude them from the backup. Examples include, but are not limited to, music, movies and/or archives. It is your obligation to verify whether particular files will be, or have been, backed up.
3.11. We provide certain Services designed to filter unwanted email. Depending on the Services set out in your Order, email filtering may be activated by default; in other cases, it is an additional service which we reserve the right to charge for. Email filtering will likely result in the capture of some legitimate email and the failure to capture some unwanted email that may contain spam, phishing scams and viruses. We recommend that you implement additional levels of protection. Email that is captured by our filtering system is not subject to our SLA.
3.12 By signing up to an Unbranded Space Subscription, you agree to join our Unbranded Space Subscribers Mailing List. This mailing list will be used to send out newsletters about updates, new features and other bits of information which we think our subscribers will benefit from. As per our privacy statement, we will not give or sell your contact details to anyone else unless required to by law. You will have the option to unsubscribe from the mailing list by clicking on the unsubscribe link in your newsletter email.
4. Pricing, Plans and Features
4.1 Each Order for Services by you shall be deemed to be an offer by you to buy the Services from us subject to this TOS. No Order shall be deemed to be accepted by us until we provision your account. The date on which we provide notice to you that the account is provisioned is the Effective Date of this Agreement. The Initial Term of the Services is set out on your Order (Initial Term). Upon the expiration of the Initial Term, we shall renew your services as described in our Renewal Policy.
4.2 For current pricing and plans please see the pricing page located on our website.
4.3 Certain features available to annual subscribers are not available to monthly subscribers. Please refer to the Features table on our pricing page for more information.
4.4 We reserve the right to change pricing, plans and the features offered at any time and without notice to you.
4.5 We are under no obligation to deliver any Services other than those identified in the Order.
4. OWNERSHIP OF YOUR ACCOUNT
4.1. Your contact information is set out in the ‘Profile’ section in the User Dashboard.
4.2. If you, on behalf of another person or entity, create an account, you warrant that you will administer the account in good faith, and will indemnify us against all losses and liabilities sustained by us should you administer the account in ways that are adverse to the End User and result in any claim against us.
4.3. For avoidance of doubt, the individual or entity set out in the Account Owner Information ‘Profile’ section of the User Area is considered by us to be the owner of the account and all associated services (Account Owner). If you are the Account Owner and are administering the account on behalf of a third party, you agree to administer this account in their best interests and indemnify us, pursuant to paragraph 11.2, should an individual or entity claim that they own the account, or its content, or that your administration has not, or is not, in their interest. Domain names are owned as set out in applicable rules. If you purchase a domain name on behalf of a third party, and a dispute arises regarding your administration of that domain name, you agree to pay all registration fees during the time the dispute is pending.
The individual or entity paying for the Services may not be considered to be the owner of the account. It is your obligation to ensure that you correctly indicate ownership of your account. If there is a dispute about ownership, the account may be locked until the parties to the dispute agree on a resolution, or until the matter is resolved judicially.
4.4. You are responsible for providing valid contact information and keeping your contact details up to date. If you fail to do so, Unbranded Space accepts no liability in the event that it grants access to the account or gives ownership of the account to another person. You also accept that by not providing us with current contact information, that your account may be suspended or cancelled in the event that we are unable to send you information about renewal of your subscription.
5. Payment and Credit Control
5.1 All service contracts are for a monthly or annual period, from when the account is created.
5.2 All services are billed monthly or annually (as specified by you) in advance of the service being provided. Each subsequent payment will be billed on a monthly or annual anniversary of your initial billing date as determined by the billing cycle of the plan you have chosen.
5.3 Monthly Subscription Plans are only provided if a valid Credit Card is Given. Annual Subscriptions will be given the option to pay by Direct Bank Transfer.
5.4 Upgrades to higher subscription plans will take effect immediately and a billing adjustment will be made on a pro-rata basis. Ie. if you switch half way through your billing period you will be charged the difference between the 2 plans for the remaining time of your billing period.
5.5 You may downgrade to a lower plan, but this will not take effect until your current billing period has expired.
5.5 It is a condition of use that a valid debit or credit card is provided at all times in order for a monthly subscription to remain active.
5.6 Where a credit or debit card payment request is made by us and is declined by your card company or bank (for whatever reason) access to your account or accounts may be suspended immediately until such time as a valid payment has been processed and a valid credit or debit card is associated with your account or accounts.
5.7 Where required by Australian Law, we will indicate that Goods & Services Tax (GST) is applicable. Upon each successful payment you will receive a Tax Receipt which will include a statement that GST 10% has been charged and will also include our Australian Business Number. By agreeing to our TOS you accept that we have met our legal obligation under Australian Taxation Law for providing Tax Invoices. The provision of any receipt/invoice other than those automatically generated by our software will incur a fee. The amount of this fee is at our discretion.
5.5. If you believe there is an error on your bill, you must contact us in writing. We each agree to work together in good faith to resolve any billing disputes. If you contact your credit card company, prior to notifying us of a dispute, and initiate a "chargeback" based on this dispute, we will charge you for investigation and processing. This compensates us for the investigation your card issuer requires us to conduct in order to demonstrate our right to payment. All of your Services may be suspended during bill disputes. To reactivate your Services, you must first pay all outstanding Fees.
6.1 You can request cancellation of your service at any time and we will automatically cancel your service at the end of your monthly/annual billing cycle. Your website and access to our services will continue through this time.
6.2 If after advising us of your wish to cancel your subscription, you change your mind, and your billing cycle has not expired, then you can advise us through our support pages.
6.3 After cancelling your subscription and your billing cycle expires, then you will no longer be able to access your user dashboard, your website , email or any other services provided by Unbranded Space with the exception of Domain Names as detailed in 6.4 below. We reserve the right to completely remove your website, email accounts and user accounts from our servers upon expiration of your subscription.
6.4 Cancelation of Domain Names. If you have registered a domain with us, then you will continue to own that domain through to the end of it’s registration period after which you may renew your registration with us. You may transfer your domain registration away from us to another registrar at any time during or after your subscription period.
6.5 It is important to understand that certain Services are bundled together. As a result, cancelation of the Services that provide hosting (Hosting Account) may result in immediate termination of multiple aspects of the Services. It is your obligation to ensure that you arrange to transfer anything you need from the Services prior to cancellation. We have no obligation to forward e-mail following cancellation.
6.6 As soon as a subscription becomes overdue, you will no longer be able to login to your user dashboard. In the event that you have not advised us of your desire to cancel your subscription, your website will continue to be visible for 30 days, but certain features may no longer work until such time as overdue payment is made.
6.7 Any subscription which is more than 30 days overdue will automatically be cancelled and all services will be treated as cancelled by you as detailed in 6.3, 6.4 & 6.5above.
8.1 We offer a refund during the initial 30 Days of your subscription. as per Section B of the SLA below
9. Technical Support
9.1 We provide technical support through a ticket system in the support pages of our dashboard. Our technical support is available only to registered users of our services and is provided on an as-is, as available basis. If your request for technical support exceeds that of similarly situated customers or is within the scope of our paid support and development services, we may charge you additional support fees. We will inform you, and receive your consent, prior to charging you for technical support.
9.2 If you request technical support, you agree that we may have full access to all aspects of the Services accessible to us based on your request. You are solely responsible for any changes you make to your account after we complete your request.
9.2 To the maximum extent applicable under national law and without affecting your rights as a consumer, all support is provided as-is and is subject to the disclaimers of warranties and limitation of liability set out in this TOS. While we will use reasonable efforts to provide technical support to you and to perform any work you request in a timely and professional manner, we cannot guarantee the result you expect or that an issue might not occur again. We retain the right to refuse to provide technical support to you if your use of technical support exceeds that of similarly situated customers, or if you are verbally abusive to our employees or contractors. We may refuse to perform any request that requires changes not compatible with the Services or is not related to them or might create a security risk or endanger their performance.
9.3 Technical issues which arise due to misuse of our services due to, but not limited to neglect, lack of knowledge, or malicious intent may incur a charge as per our current hourly rate, which can be found on our pricing page .
10. Intellectual Property Rights and Other Consents
10.1. Unbranded Space retains ownership of all intellectual property rights in the Services it provides. Unbranded Space grants to you a limited license to access and use the Services. All trademarks, product names and company names or logos used by Unbranded Space are Unbranded Space's property or the property of their respective owners. No permission is given by Unbranded Space to you or an affiliate to use any such trademarks, product names, company names, logos or titles, and you acknowledge that such use is an infringement of the owner's rights.
10.2. If we have not provided a license for you to use software as part of the Services, you agree to procure appropriate licenses to use all "Required Licenses." "Required Licenses" means any licenses, consents or approvals required to use software, hardware and other items whose use is facilitated by the Service. You agree to provide us with copies of the Required Licenses promptly following our written request.
10.3. You are solely responsible for obtaining all intellectual property rights in the intellectual property of others, including, but not limited to, clearances and/or other consents and authorisations necessary to use the names, marks or other materials which are used by you in, or transmitted via, our service. On becoming aware of any dispute between you and any other individual or organisation regarding intellectual property, Unbranded Space reserves the right, at its sole discretion and without notice or liability to you, to cease any further use of the intellectual property including, without limitation, deleting or suspending them from its computer systems and/or to make appropriate representations or provide information to any relevant authority or interested party.
10.4. Unless otherwise set out in this TOS, you own all right, title and interest to the information you place on our servers pursuant to the Services. If you submit feedback to us in the form of trouble tickets or in another similar manner, we shall have the right to use that information to improve our business processes. You have no right to any intellectual property that is based on an improvement to our business based on this feedback.
10.5 All Design Work requested by you to be performed by Unbranded Space is subject to the Design Agreement.
10.6 Where a website has been created by Unbranded Space using a template design provided by us, you are granted a non-exclusive license to use the website, however an exclusive license remains where website contains content where you or a third party may own the intellectual property rights.
10.7 We reserve the right to use the website and/or other designs created by Unbranded Space in promoting our services.
11. REPRESENTATIONS AND WARRANTIES
11.1. You promise that (i) you have the experience and knowledge necessary to use the Services; (ii) you and your End Users understand and appreciate the risks inherent to you and your business that come from accessing the Internet; (iii) you have sufficient knowledge about administering, designing and operating the functions facilitated by the Services necessary to take advantage of them; (iv) you will not violate any applicable laws and/or regulations in your use of the Services; (v) you own all intellectual property rights in, or have a license to use, any information you provide to us necessary for us to perform the Services, or to any information transmitted by us through the Services; (vi) you will make backup copies of all information in a location independent of ours, and will not use Backup Services as your sole backup; and (vi) you will pass through the terms of this TOS, and any agreements incorporated by reference, to your End Users.
11.2. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW AND WITHOUT AFFECTING YOUR RIGHTS AS A CONSUMER, WE MAKE NO WARRANTIES, AND ANY IMPLIED WARRANTIES ARE EXPRESSLY DISCLAIMED. THE SERVICE(S) IS PROVIDED AS-IS. YOUR USE OF THE SERVICE(S) IS AT YOUR OWN RISK. WE DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL OTHER EXPRESS AND/OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT WARRANT THAT THE SERVICE(S) WILL MEET ANY OR ALL OF YOUR EXPECTATIONS; WILL OPERATE IN ALL OF THE COMBINATIONS WHICH MAY BE SELECTED FOR USE BY YOU; OR THAT THE OPERATION OF THE SERVICE(S) WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE. NO EMPLOYEE OR AGENT IS AUTHORISED TO MAKE ANY WARRANTY ON OUR BEHALF.
12. LIMITATION OF LIABILITY
YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU WILL NOT UNDER ANY CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, HOLD US OR OUR LICENSORS, AGENTS, EMPLOYEES, OFFICERS AND/OR THIRD PARTY VENDORS LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, COST SAVINGS, REVENUE, BUSINESS, DATA OR USE, OR ANY OTHER PECUNIARY LOSS BY YOU OR ANY OTHER THIRD PARTY. YOU AGREE THAT THE FOREGOING LIMITATIONS APPLY WHETHER IN AN ACTION IN CONTRACT OR TORT OR ANY OTHER LEGAL THEORY AND APPLY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL WE BE LIABLE TO YOU IN THE AGGREGATE WITH RESPECT TO ANY AND ALL BREACHES, DEFAULTS, OR CLAIMS OF LIABILITY UNDER THIS TOS OR UNDER ANY OTHER AGREEMENT OR DOCUMENT FOR AN AMOUNT GREATER THAN THE FEES ACTUALLY PAID BY YOU TO US DURING THE THREE MONTH PERIOD PRECEDING A CLAIM GIVING RISE TO SUCH LIABILITY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. YOU AGREE THAT IN THOSE JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW AND YOUR RIGHTS AS A CONSUMER..
13.1. We shall compensate you fully and not counter-claim against you, and at our own expense agree to defend, or at our option to settle, any claim, suit or proceeding brought or threatened against you so far as it is based on a claim that the Services infringe any issued patent or registered copyright. This provision is expressly limited to aspects of the Services which are fully owned by us. It does not extend to products or services provided by third parties even if incorporated into the Services. This paragraph will be conditioned on your notifying us promptly in writing of the claim and giving us full authority, information, and assistance for the defence and settlement of that claim. You shall have the right to participate in the defence of the claim at your expense. If such claim has occurred, or in our opinion is likely to occur, you agree to permit us, at our option and expense, either to: (i) procure for you the right to continue using the Services; (ii) replace an individual component of the Services with a product or service, regardless of manufacturer, performing the same or similar function as the infringing aspect of the Services, or modify the same so that it becomes non-infringing; or (iii) if neither of the foregoing alternatives is reasonably available, immediately terminate our obligations (and your rights) under this TOS with regard to such Service and refund to you the price originally paid by you to us for the Service, or the Fee actually received by us from you for the three month period immediately preceding the occurrence of the event on which the indemnification claim is based. This shall be your only remedy, and our only obligation to you, should a third party allege that the Services infringe any issued patent or registered copyright.
13.2. You agree to defend, compensate fully and not counter-claim against us, our parent, subsidiary and affiliated companies, third party service providers and each of their respective officers, directors, employees, shareholders and agents (each an "indemnified party" and, collectively, "indemnified parties") from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorneys’ fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of or relating to: (i) your use of the Services; (ii) any violation by you of any of our policies; (iii) any breach of any of your representations, warranties or covenants contained in this TOS; and/or (iv) any acts or omissions by you. The terms of this section shall survive any termination of this TOS. For the purpose of this paragraph only, the term "you" as set out in subparagraphs (i) through (iv) includes you, End Users, visitors to your website, and users of your products or services, the use of which is facilitated by us.
14. CERTAIN INFORMATION
14.1. Both you and Unbranded Space undertake not to disclose to a third party any confidential information which you or Unbranded Space receive relating to the contents or performance of this TOS, unless necessary for a party to perform their obligations under this TOS, the Services or the other party's business in general, and shall procure that each of its directors and employees shall not do so, except with the prior consent in writing of the other party, as required by law, or to the extent to which that information is publicly available or already known to the receiving party at the date of receipt, other than through any unauthorised disclosure by any person.
14.2. Without prejudice to Paragraph 13.1., Unbranded Space shall be entitled to mention your name as a client of Unbranded Space and the name(s) of the Services which Unbranded Space provides to you with your prior consent.
14.3. If a law or regulation compels disclosure of information held by us, we are required to respond. Unless notifying you is prohibited by the law, or a reasonable interpretation of that law, we will use reasonable efforts to contact the Account Owner. We are not required to respond to demands by you that we provide information about your account as part of litigation. However, if we agree to do so, we will charge you administrative hourly fee for each hour we spend responding to your request. You will also be charged the fees we are charged by our attorneys in responding to your request.
15.1. Any notice to be given by either party to the other may be sent by email, support ticket, fax or recorded delivery if (i) to you, the Account Owner; or (ii) to us, as set out in paragraph 14.4. In addition, we may communicate with you using the Support ticketing system facilitated by our User Area. Notices of support tickets opened on your behalf are sent to you by email and shall be deemed received upon sending.
15.2. You are required to provide notices to us about the Services through the User Area. We will provide notices to you using the information you provide to us in the "My Details" section of the User Area. We have no responsibility for misdirected notices based on your failure to provide correct information.
15.3. Termination notices must be provided to us as set out in paragraph 6.
15.4. Legal Notices to us, which are effective only upon acknowledged receipt, shall be provided to us as follows:
PA Kelly & DJ Mulvey Trading as Unbranded Space
C/- 21 Leschenault St
Albany, WA 6330
16. RESOLUTION OF DISPUTES AND CHOICE OF LAW
16.1. Any dispute, controversy or claim arising under this TOS shall be resolved in accordance with the procedures set forth in this Section.
16.2. In the event of a dispute between the parties relating to this TOS, each of the parties shall appoint a designated representative who has authority to settle the dispute. This appointment will take place no later than five business days after the initial request for dispute resolution. The designated representatives shall meet as often as they reasonably deem necessary in order to discuss the dispute and negotiate in good faith in an effort to resolve the dispute. The specific format for such discussions will be left to the discretion of the designated representatives; however, all reasonable requests for relevant information made by one party to the other shall be honoured.
16.3. The parties agree that the courts of Australia shall have non-exclusive jurisdiction over all disputes and other matters relating to the interpretation and enforcement of this TOS or any other document entered into by the parties. All disputes and other matters relating to the interpretation and enforcement of this TOS or any other document entered into by the parties shall be governed by the laws of Australia.
“Consumer” is an individual acting for purposes wholly or mainly outside of his or her trade, business, craft or profession;
"End User" is the individual or entity who uses, or to whom you provide, your services;
"ICANN" means the Internet Corporation for Assigned Names and Numbers;
"Materials" means any information, reports, documents, software or other materials created by Unbranded Space as part of the Services, including all methodologies, know-how and processes used to do so;
"Server" means the computer server equipment operated by Unbranded Space in connection with the provision of the Services;
"Service" or "Services" means any and all services provided by Unbranded Space under this TOS including, without limitation, domain name registration services, domain name portfolio management services, domain name searching, monitoring and recovery services, space hosting, web, email and usenet searching and monitoring services and professional services, and any other services requested by you which may be provided from time to time as set out on the portion of our website describing the individual Service (Product Pages);
"Unbranded Space" means the legal entity delivering the Services to you as set out on the Legal page on this Website and any of its subsidiaries or affiliated entities;
"Space" means the area on the Server allocated to you by Unbranded Space for use by you as a site on the Internet;
"Term" means the prepaid period during which you receive Services from Unbranded Space;
"User Area" means the part of the Unbranded Space website from which you can manage your services and to which you are given login credentials at the start of your Initial Term; and
"You" and "your" mean the person, firm or company who purchases Services from Unbranded Space.
18.1. If any provision of this TOS or part thereof shall be void for whatever reason, the offending words shall be deemed deleted, and the remaining provisions shall continue in full force and effect.
18.2. Your rights and obligations under this TOS are personal to you, and you shall not assign, lease, charge, sub-license, or otherwise transfer such rights and obligations in whole or in part.
18.3. Unbranded Space reserves the right to sub-contract any of the work required to fulfil the Services and to assign this TOS.
18.4. Except for the obligation to pay the Fees, neither party shall be liable for any delay or failure in performance due to events outside the defaulting party's reasonable control, including, without limitation, acts of God, earthquake, labor disputes, shortages of supplies, riots, war, fire, epidemics, failures of telecommunication carriers, delays of common carriers, or other circumstances beyond its reasonable control. The obligations and rights of the excused party shall be extended on a day to day basis for the time period equal to the period of the excusable delay. The party affected by such an occurrence shall notify the other party as soon as possible, but in no event later than ten days from the beginning of the event.
18.5. Any delay or forbearance by either party in enforcing any provisions of this TOS or any of its rights hereunder shall not be construed as a waiver of such provision or right thereafter to enforce the same.
18.6. Paragraph headings have been included in this TOS for convenience only and shall not be considered part of, or be used in interpreting, this TOS.
18.7. This TOS does not create any agency, partnership, joint venture, or franchise relationship. Neither party has the right or authority to, and shall not, assume or create any obligation of any nature whatsoever on behalf of the other party or bind the other party in any respect whatsoever.
18.8 SURVIVAL. Paragraphs 12, 13, 14 (for a period of three years following Termination), 15, 16, 17, 18.1, 18.8, Section A (below) shall survive the termination of this TOS.
Section A - Service Level Agreement (SLA)
Unbranded Space’s will do everything in their power to maintain a service uptime. However in using our service you acknowledge that we are not responsible for server uptime, but is the responsibility of the 3rd party hosting company we purchase our hosting from.
The following events may occur which are due our hosting company :
- Scheduled maintenance;
- Emergency maintenance, hardware and software failure;
- Distributed denial of service (DDOS) attacks, hacker attacks, and other similar events.
The following events may occur and are beyond our control or the control of our hosting company
- Downtime caused by you, your own configuration, or third-party applications you use;
- Downtime caused when you reach the maximum resources allocation for your plan;
- Downtime caused because you have violated this TOS;
- Downtime during work on your technical support request(s); or
- Force majeure.
To the maximum extent applicable under national law and without affecting your rights as a consumer, this SLA is your sole and exclusive remedy for downtime, or any network, software, hardware or Equipment failure.
You are also bound by the TOS & SLA of our wholesale company. These can be found here.
Section B - Refunds
We provide a 30 day money back guarantee on our subscription services. The guarantee does not extend to design services performed by Unbranded Space.
The following conditions apply to our 30 day money back guarantee:
- In the event that we have incurred costs that we are unable to recover as part of providing our service to, we will subtract those costs from the amount we refund to you.
- If we have performed work for you that has not been invoiced at the time of a refund requested, then we reserve the right to invoice for said work, and deduct fully or partially the invoice amount from any refund due to you. Should the amount of invoiced work exceed the refund due to you, then we reserve the right to invoice you for the difference.
- The money back guarantee only applies to the first 30 days of your initial subscription period ie. if you pay a monthly subscription, then the money back guarantee only applies to the first month and no other.
- Where we sell a service to you as a reseller (ie. Domain Names), then you are bound by the wholesale providers refund policy.
We do not offer refunds on our design services as they are based on an hourly labour charge.
Section C - Renewal Policy
You may choose to renew your Service(s) manually at any time. From time-to-time special promotions may be available only for manual renewal of your Services.
All Services are set to renew automatically. Your current payment method is automatically charged the standard Fees for a Renewal Term:
- Monthly subscriptions - On the same day of each month, commencing on the day of the month your trial expires or you manually upgrade to a paid plan.
- Annual Subscriptions – On the same date of each year commencing on the day of the month your trial expires or you manually upgrade to a paid plan.
If we cannot process a renewal charge at the scheduled date, we will make additional attempts to charge your payment method(s) until you renew or terminate the Services. We will always charge for renewal the primary payment method on file first. Should the primary payment method fail, we will retry billing any other payment methods on file in the order listed in your User Area. We are not responsible for your data or domain name if Services are terminated because your payment method(s) have expired or are no longer valid for any reason.
Section D - Fair Use Policy
Our Fair Use Policy sets out certain limitations on the allocation of Server resources, aiming to allocate all our customers fair and adequate use of the Services. Details on the resource allocation are set on the website and additional information can be found in our FAQs in the Support pages of your user admin.
When using the Services, you will ensure that neither you nor any of your End Users make excessive use of the Server resources to Unbranded Space's detriment or that of our other customers. The term "excessive" is defined by our experience with similarly situated customers. Your account includes a control panel that provides statistics setting out your use of the resources associated with the Services. These statistics are the sole and exclusive method to determine whether your account has exceeded its allocated resources.
You agree that we have the sole right to decide what constitutes a violation of the Fair Use Policy and what is the appropriate severity of any corrective action to be applied. Failure on your part to maintain your account in full compliance with the TOS may result in warning, resource usage limitations, suspension or immediate account termination with no refund. You understand and agree that in the event of violation of the Fair Use Policy, we may provide you with a certain period of time to correct the issue. If you take no action during this period, we may apply corrective actions at our sole discretion. You acknowledge that we can immediately suspend and/or terminate each account that violates the Fair Use Policy and will not be responsible for any data loss resulting from such termination of Services.
Section E - Upgrade/Downgrade Policy
You can choose to upgrade or downgrade your subscription at any time. All available upgrade options will be listed in your User Area. You may incur pro-rata charges if upgrading midway through a billing cycle.
We deem moving from a monthly billing cycle to an annual billing cycle as an upgrade to your plan.
We deem moving from an annual billing cycle to a monthly billing cycle as a downgrade to your plan
You can only choose to downgrade your account when your current billing cycle is complete, however you can notify us of your desire to do so at any time.
You can request a downgrade through your User Dashboard support section. We may refuse to process your request if your account does not meet the conditions for a downgrade or if in our reasonable opinion the new plan is not suitable for the account.
Certain services applicable to an annual subscription may not be available on a monthly subscription. These include:
- Email Hosting – although we can arrange email hosting as a separate service from your monthly subscription to ensure continuous email functionality. Email only hosting costs are available through the “Manage Email Accounts” panel in your user dashboard.
- Domain Name Registration/Renewal. The free domain is no longer included, but it is possible that there will still be time left on your registration period, so you are not liable to pay any renewal fees until the Domain Registration period expires. When this expires your will then be billed for the renewal charge. Domain Costs are available through our “Manage Domains” panel in your user dashboard.
- We may introduce features which are exclusive to annual subscribers in the future and these may also become unavailable when downgrading an account.
Section G - Backup Services
We perform daily backups of our entire network. This means than in the event of a critical hardware failure, a malicious attack or some other cause for our services to become lost or corrupted, we are able to restore our system with no more than 24 hours of data lost.
The daily backup service does not include isolated backups of websites. So for example if you accidentally deleted a page from your website, we are not able to retrieve that page for you. However we do maintain 3 rotating weekly backups of your WordPress installation which can be used to restore your website to a previous state.
Section H - Domain names
Unbranded Space resells top-level domains (TLDs) – gTLDs (generic top level domains) and ccTLDs (country-specific top level domains). Your use of a domain name is governed by this TOS, the Registrant Agreement provided by the respective Registry or Registrar, ICANN’s Uniform Domain Name Dispute Resolution Policy (UDRP) (https://www.icann.org/resources/pages/policy-2012-02-25-en) and ICANN Registrant Rights and Responsibilities ( https://www.icann.org/resources/pages/benefits-2013-09-16-en)
- TPP Wholesale Terms & Conditions related to Domain Names - https://www.tppwholesale.com.au/legals/
1. Domain name registration
1.1. Unbranded Space does not warrant or guarantee that the domain name applied for in your Order will be registered in your name or is capable of being registered by you. You should not rely on the fact that you have submitted an Order to register a domain name until you have been notified by us that your requested domain name has been registered.
1.2. The registration of the domain name and its ongoing use are subject to the relevant naming authority’s terms and conditions of use, and you are responsible for ensuring that you are aware of those terms and conditions. You waive any claims you may have against Unbranded Space should a naming authority refuse to register a domain name. Domain registration and renewal fees are non-refundable in any event. Renewal fees for expired domain names may vary depending on the Registrar of record.
1.3. Any dispute between you and any other individual or organisation regarding a domain name must be resolved between the parties concerned. Unbranded Space will take no part in any such dispute. We reserve the right, upon becoming aware of such a dispute, at our sole discretion to either suspend or cancel the domain name, and/or make appropriate representations to the relevant naming authority. You warrant and represent that to the best of your knowledge and belief, neither the registration of the domain name nor the manner in which it is directly or indirectly used by you and/or any affiliate directly or indirectly infringes the legal rights of a third party.
1.4. You are solely responsible for providing us with accurate and up-to-date contact information. We shall not accept any responsibility for any cancellation or refusal to renew a domain name by the relevant naming authority due to any failure to provide such information. Any changes made by you to your details using the Unbranded Space User Area facility are your own responsibility. We are not responsible for the renewals of any domain name registrations, except when stated otherwise as part of a special promotion, and you should make your own arrangements for reminding yourself when any name is due for renewal. As a courtesy to you, to avoid SPAM, the email address in your WHOIS record will be registered to our address. If you would like to modify this address, please contact us.
1.5. Where Unbranded Space is acting as registrar, the ICANN-adopted consensus policies on transfer of sponsorship of registrations between registrars shall apply.
1.6. Free domain name registration
We may offer you a free domain name registration during your Initial Term and any Renewal Term (Free Domain Name) as part of some of our plans. You must satisfy the following criteria in order to take advantage of this offer:
- You must order an annual subscription service, and be actively subscribed to this service for each subsequent renewal to continue to receive the domain free of charge.
- The Free Domain Name must be your first primary domain and must be associated with the initially ordered website.
- The Free Domain Name must be for one of these .com, .com.au.
We have no liability for domain names that are not registered by us and associated with your accounts.
1.7. Information you are required to submit
You agree and acknowledge that when you renew your domain name registration, the type of information you are required to provide may change. If you do not wish to provide the new information, your registration will not be renewed.
The information you provide determines the ownership of the domain as set out in the terms and conditions of the domain name registrar. For non-expired domain names registered through Unbranded Space, this information can be changed at any time through a domain management facility in your User Area.
If you intend to sell use of a domain name to a third party, or to allow a third party to use it, you are still responsible for providing the contact information specified above. You accept liability for such a registration, and remain responsible for payment of the relevant Fees and performance of all other obligations under this TOS.
1.8. Obligations relating to provided data
If you provide information about a third party, you hereby represent that you have (a) provided notice to that third party of the disclosure and use of that party’s information as set forth in this TOS, and (b) that you have obtained that third party’s express consent to the disclosure and use of that party’s information as set forth in this TOS.
You acknowledge that wilfully providing inaccurate information or wilfully failing to update information promptly, or failure to respond for over fifteen days to inquiries by Unbranded Space concerning the accuracy of contact details associated with your registration will constitute a material breach of this TOS and will be sufficient basis for cancellation of your domain name registration.
1.9. Disclosure and use of registration information
You agree and acknowledge that Unbranded Space will make available domain name registration information you provide, or that Unbranded Space otherwise maintains, to ICANN, to the registry administrator(s), and to other third parties as ICANN and applicable laws may require or permit.
ICANN may establish guidelines, limits and/or requirements that relate to the amount and type of information that Unbranded Space may or must make available to the public or to private entities and the manner in which such information is made available. You agree to abide by these policies and may not terminate this TOS based on such a change.
You hereby consent to each of the disclosures set out in this TOS. You further consent to the use of the information you provide to us and guidelines, limits and restrictions on disclosure of, information provided by you in connection with the registration of a domain name (including any updates to such information). This applies whether during or after the term of your registration of the domain name. You hereby irrevocably waive any and all claims and causes of action you may have arising from such disclosure or use of your domain name registration information by Unbranded Space.
1.10. Ownership of data
You agree and acknowledge that Unbranded Space owns all database, compilation, collective and similar rights, title and interests worldwide in Unbranded Space’s domain name database, and all information and derivative works generated from the domain name database. You further agree and acknowledge that Unbranded Space owns the following information for those registrations for which Unbranded Space is the registrar: (a) the original creation date of the registration; (b) the expiration date of the registration; (c) the name, postal address, all email addresses, telephone number, and where available, fax number of the technical contact, administrative contact, zone contact and billing contact for the domain name registration; (d) any remarks concerning the registered domain name that appear or should appear in the WHOIS or similar database; and (e) any other information Unbranded Space generates or obtains in connection with the provision of domain name registration services, other than the domain name being registered, the IP addresses of the primary name server and any secondary name servers for the domain name, and the corresponding names of those name servers.
2. Domain Privacy
If set out in your Order, we will provide private domain name registration services to you (Domain Privacy). If we provide Domain Privacy to you, you agree that:
- This Service is provided on a reasonable efforts basis. We are not responsible if your identity is mistakenly disclosed;
- You warrant that you have purchased this Service for a legitimate use, and not to evade any legal, tld, ICANN or other requirement imposed by law, or an Internet authority;
- You will provide us with accurate information, and that you will ensure that this information is updated immediately when it changes;
- You will indemnify and hold us harmless based on any claims made against us based on providing Domain Privacy to you;
- You will immediately respond to all notices we provide to you that are forwarded to us as a result of providing the Domain Privacy service to you; and
- We may terminate all Services provided to you should we determine, in our reasonable discretion, that you are abusing the Domain Privacy service, or you do not immediately respond to our inquiries or the notices we forward to you.
- Domain Privacy is not available for some domains such as .au domains as it is a legal requirement that the owners of such domains can be publicly identified.
Domain Privacy can not be purchased for .au domains, as it is a requirement by law that the registrant can be publicly identified.
Domain Privacy is not included with the free domain that is included with Annual Subscriptions.
3. Domain Registrar Transfers
You can change your Registrar for an existing domain name only in accordance with the policy of the relevant Registry. Only the “Domain Name Owner” (the individual or entity listed as the registrant in the current domain name registration) of the domain name registration may initiate a request to transfer the domain to Unbranded Space. You hereby represent that you have the full and complete authority as the holder of the domain name registration to initiate such a transfer, or that you have been given full and complete authority by the Domain Name Owner of the domain name registration to initiate such a transfer. We may require you to provide documentation that proves that the Domain Name Owner of the domain name initiated this transfer request. If the Registrar of record is being changed simultaneously with a transfer of a domain name from one party to another, we may also request that you submit appropriate authorisation for the transfer - i.e. a bilateral agreement between the parties, a final determination of a binding dispute resolution body, a court order, or other appropriate authorisation.
The request to transfer a domain name registration from another registrar to Unbranded Space may be denied where applicable for any of the following:
- the time passed after initial registration, after most recent transfer and after renewal of the domain name does not meet Registries' requirements;
- the registration is within the last fifteen days prior to expiration of the domain;
- you have provided an incorrect or no Authorisation (EPP) code or the special TAG attribute is not correctly set;
- you do not have access to the administrative email address for the domain;
- the domain name is in LOCKED status;
- the domain TLD is not with among the TLDs that Unbranded Space can register;
- there is pending bankruptcy of the domain name holder;
- there is a dispute over the identity of the domain name holder;
- at the discretion of the then-current registrar;
- by operation of law; or
- in accordance with circumstances described in the Domain Name Dispute Policy.
Upon successful completion of the registrar transfer request, we shall immediately become the registrar of record. As set out in the terms of the respective Registry, your domain name registration term may be extended with up to two years either from the date your existing registration is set to expire or from the date the transfer is completed, provided that the total unexpired term of a registration does not exceed ten years.
Section J - WordPress
Your website and dashboard are built on the WordPress platform. We use multisite environment to allow us to offer a controlled environment for better security and stability. By using our service you are agreeing to the licensing conditions set out in the WordPress License Agreement.
In addition to the WordPress license we also apply the following conditions:
Only the themes and plugins we allow are available to our subscribers. Even though we do this to limit the possibility of conflicts between plugins, themes and WordPress it is still possible that conflicts may occur when a plugin, theme or the WordPress core engine are upgraded.
You can request a plugin or theme be installed and we will assess it’s compatibility with our system. Should we agree to install the theme or plugin and subsequent issues occur we will deactivate the theme or plugin causing the conflict. If your website uses this theme or plugin then you may find that your site no longer functions as intended. We will endeavour to rectify this issue but we may charge you based on our hourly rate to do so.
Tuition in using WordPress is not provided as part of our service, however we have included instructional videos to assist you learning how to use WordPress.
It is at the discretion of Unbranded Space to decide whether or not requests in relation to support in using WordPress fall under your subscription or will incur an additional fee.
You agree that Unbranded Space is not liable for any damage to your website that may result from your use of the WordPress, it’s themes or plugins..
Section K – WordPress Themes and Plugins
WordPress themes and plugins are created by a number of individuals or organisations acting independent of each other and of the core WordPress team. Although we aim to test themes and plugins for compatibility before making them available to our subscribers, it could still occur that a conflict arises between plugins, themes and other elements of WordPress. By using a theme or plugin you are bound to the terms and conditions of that plugin author - the details of which can be located via the relevant Theme and Plugins section of your client dashboard.
Should an issue occur in relation to a theme or plugin which negatively impacts on our clients across our entire network we will prioritise and rectify the problem as soon as possible. Where we decide to deactivate a theme and plugin and the act of doing so has a negative impact on your websites appearance or performance, then You accept that we have done so for the benefit of our network of users, and can not claim recompense for any negative impact that such an act may have on your website. We will work to resolve the issue as quickly as possible.
Should an issue be isolated to your just your website, and we are able to isolate the issue to a plugin or theme not installed by us or one that we have exclusively installed for you then it is possible we may charge you based on our hourly rate to fix the issue.
Tuition in using themes and plugins is not provided as part of our service however from time to time we may release videos or articles offering tips on how them.
It is at the discretion of Unbranded Space to decide whether or not requests in relation to support in using themes or plugins fall under your subscription or will incur an additional fee.
You agree that Unbranded Space is not liable for any damage to your website that may result from your use of the a theme or plugin.
Section L - Elementor
Our Site-builder is a software that allows you to create and manage your website. The software is supplied by Elementor. Your subscription entitles you to a Pro Elementor subscription for the duration of your subscription. By using our service you are also bound to the Elementor Terms of Service agreement
Tuition in using Elementor is not provided as part of your subscription, however can be provided and will be charged at our current hourly rate. There are also videos available in your dashboard providing instruction on using Elementor.
It is at the discretion of Unbranded Space to decide whether or not requests in relation to support in using Elementor fall under your subscription or will incur an additional fee.
You agree that Unbranded Space is not liable for any damage to your website that may result from your use of the Elementor software installed on your account.
These Terms and Conditions were last updated on 17th November, 2017