Terms Of Service
Last Updated: October 10, 2023
1. Definitions
1.1. Customer: The person or entity who ordered services provided by Fidelis Group.
1.2. Customer Service: The relationship between Fidelis Group staff and the Customer, aimed at assisting with questions or issues.
1.3. Ticket: A secure electronic message sent by the Customer to Fidelis Group via the portal for assistance or with questions about any Service(s).
1.4. Registry: The entity responsible for registry services for domain names, including DNS operation, policy determination, and administration of customer databases.
1.5. Service(s): Any product(s) or service(s) the Customer has signed up to use, including but not limited to server space, internet connection, domain registration, SSL certificates, and VPS services. Details of the Services are outlined in the “sign-up” and “service provision” emails and on the Fidelis Group website.
1.6. Fidelis Group: The company providing these services, including its parent and any related entities.
1.7. Portal: Fidelis Group’s customer account, billing, and management portal, available online at fidelisgroup.au.
1.8. We/Our/Us: Refers to Fidelis Group.
1.9. You/Your: Refers to the Customer.
2. Acceptance
2.1. The Customer signifies acceptance of these Terms of Service, as well as the Privacy Policy, Acceptable Use Policy, Customer Service Policy, and any applicable Registrant Agreement, when they submit their order for Services, and Fidelis Group accepts it.
2.2. The Customer is solely responsible for ensuring compliance with these terms, and for any content, files, or applications uploaded or executed.
3. Communication
3.1. The Customer agrees to receive email and SMS messages related to the Services and promotional communications from Fidelis Group. Customers can unsubscribe from marketing messages.
3.2. Customers may opt-in for Service Status notifications via email and SMS through the portal.
3.3. For Service-specific notifications (e.g., suspension notices), SMS may be used if a mobile number is registered.
3.4. To avoid service-specific communications, Customers must cancel all Services and close their account in accordance with Section 11.
4. Availability of Services
4.1. Fidelis Group strives to provide continuous availability of Services but is not liable for interruptions or downtime outside a Service Level Agreement.
4.2. Scheduled maintenance will be announced at least two days in advance if it requires more than 30 minutes of downtime.
4.3. Unscheduled maintenance will be conducted as needed, with updates provided for downtime exceeding 30 minutes.
5. Customer General Warranties and Undertakings
5.1. The Customer warrants that all information provided is accurate and will be kept up-to-date.
5.2. The Customer agrees to secure all passwords and sensitive information.
5.3. The Customer agrees not to rely on any representations not explicitly stated in this agreement.
5.4. Unauthorized access to accounts or Services is the Customer’s responsibility to report to authorities.
6. Fidelis Group General Warranties and Undertakings
6.1. Fidelis Group is not liable for harm or inability to use Services unless due to gross negligence or misconduct.
6.2. Fidelis Group is not liable for indirect, special, incidental, or punitive damages.
6.3. Maximum liability is limited to six months of Service fees prior to the event causing a claim.
6.4. Fidelis Group does not guarantee:
- Uninterrupted or error-free Services;
- Services meeting all Customer requirements beyond what is specified;
- Protection from hacking, viruses, or unauthorized access.
7. Accounts and Billing
7.1. Services are billed monthly by default unless otherwise specified or agreed upon.
7.2. Fees begin on the initial order date and recur monthly unless canceled.
7.3. Payment terms include:
- Invoices issued 10 days before the due date;
- Credit card charges 3 days before the due date for stored cards;
- Domain renewal charges are immediate for automatic renewals.
7.4. Upgrades and downgrades are subject to prorated fees or credits, with additional fees for manual adjustments.
7.5. All published prices include applicable taxes unless noted otherwise.
7.6. Unpaid invoices may result in suspension, referral to a collection agency, and additional fees.
7.7. Service(s) unpaid for more than 14 days may be terminated, with reactivation subject to Terms of Service.
7.8. A $20 daily late payment fee applies for overdue accounts, continuing until paid or terminated.
7.9. A $75 hourly rate applies for work outside free support services.
7.10. Unpaid invoices prevent access to Services and associated data.
8. Payments by Credit Card
8.1. Credit card details for payment may be stored for future use, including automatic payments.
8.2. Stored cards may be charged for invoices 3 days prior to the due date.
9. Refunds
9.1. Non-refundable items include domain names, SSL certificates, Google Workspace, and software licenses.
9.2. Refunds are discretionary and not guaranteed.
9.3. Terminated accounts due to policy breaches are ineligible for refunds.
10. Cancellation
10.1. Customers may cancel Services through the portal. Security verification is required for cancellations.
10.2. Prepaid fees may be refunded upon cancellation, subject to the Refund Policy.
10.3. Outstanding invoices must be settled upon cancellation.
10.4. Refunds for renewals are subject to the Refund Policy.
11. Suspension and Termination of Services
11.1. Fidelis Group may suspend or terminate Services for:
- Breaching policies;
- Insolvency;
- Unpaid invoices.
11.2. Fourteen days’ notice may be provided for discretionary termination.
11.3. Outstanding invoices must be paid for terminated accounts.
11.4. Access to terminated data is not guaranteed.
12. Data Management
12.1. Customers must maintain offsite backups of data. Fidelis Group is not liable for incomplete or corrupt data.
12.2. Fidelis Group may back up data on shared servers but does not guarantee backup integrity.
12.3. Restoration from backup is a Customer responsibility if Fidelis Group backups are corrupt or unavailable.
13. Use of Identity
13.1. Customers may use Fidelis Group logos per marketing guidelines.
13.2. Fidelis Group agrees not to use Customer information without written consent.
14. Governing Law
14.1. These Terms are governed by the laws of Victoria, Australia, with exclusive jurisdiction in Victoria courts.
15. Changes
15.1. Fidelis Group may amend these Terms at any time, effective upon publication.
15.2. Continued use of Services signifies acceptance of amended terms.
16. Portfolio Rights
16.1. Fidelis Group may display work created for clients in portfolios for promotional purposes, respecting confidentiality.
17. Mutual Respect and Right to Terminate
17.1. Fidelis Group expects professionalism in all interactions. Disrespectful or abusive behavior may result in immediate termination, with fees owed for completed services.
18. Agreement to Terms
By signing a contract with Fidelis Group, the Customer agrees to these Terms as part of the service agreement and accepts any subsequent updates to these Terms.
