1.) Account Setup / Email on file
We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. If you have a domain name registered with Picasso Media Group, it is your responsibility to ensure that the contact information for your domain account and your actual domain name(s) is correct and up-to-date. Picasso Media Group is not responsible for a lapsed registration due to outdated contact information being associated with the domain. If you need to verify or change this information, you should contact our sales team via email. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or high risk transactions, it will be necessary to provide government issued identification and possibly a scan of the credit card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied.
The credit card holder or owner of the PayPal e-mail address which is utilised for payment on the account is designated as the authorised owner of the account.
Our transfers team will make every effort to help you move your site to us. However, transfers are provided as a courtesy service, and we can not make guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult if not impossible to migrate some or all account data. We will try our best, but in some cases we may be unable to assist you in a transfer of data from an old host.
Transfer services are charged at a cost and will be disclosed to you prior to the transfer taking place.
4.) Third Party Providers
All transactions with third party providers are solely between the visitor and the individual provider. Picasso Media Group is not the agent, representative, trustee or fiduciary of you or the third party provider in any transaction. Some products provided by Picasso Media Group are provided under license with vendors, and the use of any such third party products will be governed by the applicable license agreement, if any, with such third party.
All discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third party provider. All transactions with third party providers are subject to the terms and conditions under which the provider agrees with you to provide the goods or services. You should confirm the terms of any purchase and/or use of goods or services with the specific provider with whom you are dealing.
We do not make any representations or warranties regarding, and are not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with these providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers.
All services provided by Picasso Media Group may only be used for lawful purposes.
The customer agrees to indemnify and hold harmless Picasso Media Group from any claims resulting from the use of our services.
Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorised copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of another’s copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. If you believe that your copyright or trademark is being infringed upon, please email firstname.lastname@example.org with the information required.
6.) Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists”, purchased lists, and selling of lists will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.
Picasso Media Group reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.
Picasso Media Group reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee or any charges incurred for blacklist removal. This cost of the clean up fee is entirely at the discretion of Picasso Media Group.
7.) Payment Information
You agree to supply appropriate payment for the services received from Picasso Media Group, in advance of the time period during which such services are provided. Subject to all applicable laws, rules, and regulations, all payments will apply to the oldest invoice(s) in your billing account. You agree that until and unless you notify Picasso Media Group of your desire to cancel any or all services received, those services will be billed on a recurring basis.
Cancellations must be done in writing via the cancellation form provided. Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you in writing (typically email) that your account has been cancelled. An employee will confirm your request (and process your cancellation) shortly thereafter. We require that cancellations of service are done through the online form to (a) confirm your identity, (b) confirm in writing you are prepared for all files/emails to be removed, and (c) document the request. This process reduces the likelihood of mistakes, fraudulent/malicious requests, and ensures you are aware that the files, emails, and account may be removed immediately after a cancellation request is processed.
As a client of Picasso Media Group, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree that until and unless you notify Picasso Media Group of your desire to cancel any or all services received (by the proper means listed in the appropriate section of the Terms of Service), those services will be billed on a recurring basis, unless otherwise stated in writing by Picasso Media Group. Picasso Media Group reserves the right to bill your credit card or billing information on file with us. Picasso Media Group provides a 10 day grace period from the time the invoice is generated and when it must be paid.
Subsequently, domain renewals are billed and renewed 30 days before the renew date. It is the customer’s responsibility to notify our sales team via email at email@example.com for any domain registration cancellation. No refunds can be given, once a domain is renewed. All domain registrations and renewals are final.
8.) Non payments and reactivation fee
That in the event the client defaults in any payment of a tax invoice from Picasso Media rendered to them Picasso Media may without notice to the client suspend or terminate hosting services until such time that the client has paid to Picasso Media in full any outstanding amounts due and owing pursuant to any tax invoice rendered by Picasso Media to the client pursuant to this agreement, including any reactivation fee.
In the event that Picasso Media suspends or terminates an account due to non-payment from the client, meaning that it withdraws its hosting services from the client whereby the client’s web page is no longer hosted on the internet:
- Picasso Media will not be liable for any loss or damage arising from the withdrawal of the hosting services from the client.
- Suspension of a hosting account will occur when the past due date reaches 30 days.
- Should any breach be resolved and the client desirous of reactivation of services, Picasso Media will charge a reactivation fee of no less than $199 to cover Picasso Media’s reasonable costs incurred as a result of the breach, to be paid in full before reactivation.
- In addition to the reactivation fee, the client agrees to pay all outstanding amounts owing to Picasso Media, to be paid in full before reactivation.
- Should a site be deactivated for a period in excess of 6 months for any reason, the account will be terminated. This does mean the loss of all website and email information.
9.) Backups and Data Loss
Your use of this service is at your sole risk. Our backup service runs once a week, overwrites any of our previous backups made, and only one week of backups are kept. This service is provided to you as a courtesy. Picasso Media Group is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Picasso Media Group servers.
10.) Cancellations and Refunds
Picasso Media Group reserves the right to cancel, suspend, or otherwise restrict access to the account at any time with or without notice.
Exchange rate fluctuations for international payments are constant and unavoidable. All refunds are processed in Australian. dollars, and will reflect the exchange rate in effect on the date of the refund. All refunds are subject to this fluctuation and Picasso Media Group is not responsible for any change in exchange rates between time of payment and time of refund.
Customers may cancel at any time via a cancellation form. Picasso Media Group gives you an unconditional 45-day money-back guarantee on managed shared hosting, and reseller solutions for any customer who paid the first invoice with a credit card or with Paypal.
Cancellations requested after the initial 45 days for Shared and Reseller accounts will go into effect on the renewal date for that particular hosting package. Unless specifically requested, the account will remain active until the period expires. If the account is eligible, any request for a refund outside of the initial 45 day period will be given on a prorated basis with any previous extended term discount withheld along with a cancellation fee of $20 per account (should your account be cancelled before the 12 month period). If you account is due to expire no cancellation fee will apply.
Refunds are to be determined once the account has been canceled. Payments older than 60 days may require a refund via PayPal or mailed check due to our merchant account policies and procedures.
There are no refunds on dedicated servers, administrative fees, and install fees for custom software.
Only first-time accounts are eligible for a refund. For example, if you’ve had an account with us before, canceled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.
11.) Bandwidth Usage
You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.
12.) Price Change
The amount you pay for hosting will only ever increase on your renewal date (if applicable). We reserve the right to change prices listed on picassomedia.com.au, and the right to increase the amount of resources given to plans at any time.
Customer agrees that it shall defend, indemnify, save and hold Picasso Media Group harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Picasso Media Group, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Picasso Media Group against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Picasso Media Group; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from Picasso Media Group’s server.
Picasso Media Group shall not be responsible for any damages your business may suffer. Picasso Media Group makes no warranties of any kind, expressed or implied for services we provide. Picasso Media Group disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Picasso Media Group and its employees.
15.) Disclosure to law enforcement
Picasso Media Group may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.
16.) Changes to the TOS
Picasso Media Group reserves the right to revise its policies at any time without notice.