Terms Of Service
Terms Of Service: Hosting, Domain + Related Services
The following Terms of Service (the “Agreement”) are an agreement between True or “us” or our” and your (“User” or “you” or “your).
This agreement sets forth the general terms and conditions of your use with our web hosting, server and e-mail hosting or related “Service(s)” made available to you by True Green®.
By using the Service(s), you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorised to use or access the Service(s).
1. You agree that when True Green® or its third-party service provider(s) supply the Service(s), you comply with these terms and conditions.
1.2 This agreement commences on the date on which you begin your service with True Green® for web hosting, server and email hosting or related Service(s).
1.3 You agree that True Green® supply the Service(s) to you for the specified paid period in written confirmation by True Green® to you of receipt for your payment for the plan applicable to the related Service(s).
1.5 You agree that True Green® has a right to refuse a request or business with reasonable means at the sole discretion and confidentiality of True Green® and or Its Supplier(s).
2. By registering or using our Service(s), you represent and warrant that:
2.1 You are eighteen years of age or older. The Service(s) are intended solely for users who are eighteen years of age or older.
2.2 If you use the Service(s) on behalf of another party, you agree that you are authorised to bind such party to this Agreement and to act on such other party’s behalf.
2.3 It is your responsibility to provide us with accurate, current and full information on registration forms including an email address different from the domain you register with us. If there is an issue, we contact you via this method. It is your responsibility to ensure we hold updated, and correct information for your account(s) and Service(s) with us.
2.4 True Green® is not responsible nor liable for any lapse in the Service(s) including but not limited to any lapsed domain registrations due to outdated or incorrect contact information.
2.5 You agree that providing false and misleading contact or information to us is an offence and may result in the suspension or termination of your Service(s).
2.6 You agree to be fully responsible for all use of your account and for any actions that take place through your account. It is your responsibility to maintain the security and confidentiality of your password and other related information for your Service(s).
2.7 You agree that you are solely responsible for any of your content residing on the server, including without limitation email files, downloads, copyright, images, text and any other associated content relative to your Service(s).
2.8 You agree that if an account is not paid on time with True Green® payment options and terms, or is in arrears True Green® will issue a notice of reminder for payment.
- 2.8.1 In the event payment is not received within 14 days, a reminder notice is sent to you along with the following conditions:
- 2.8.2 Subject to our payment terms and notification process, if payment is not received, a 10% late payment fee will be applied to your invoice. Increments of 10% late payment fees will be added upon no contact and no payment arrangement every 28 days.
- 2.8.3 In the event payment is not made within 30 days of the original invoice date, you agree that True Green® reserves the right to suspend any of your related Service(s). Any suspension of Service(s) does not relieve you of payment for these Service(s) whether suspended or not.
- 2.8.4 You agree that failure to pay over 60 days from the original invoice date, True Green® reserves the right to disclose your debt to the relevant collection agency. You agree that any collection agency fees be charged to you and that no contact may result in a credit default with a relevant creditor or debtor agency.
- 2.8.5 You agree that without any payment arrangement made suited to both parties or in the event of no contact over a disputed invoice greater than 60 days, True Green® reserves the right to terminate your related Service(s). In the event, your Service(s) are terminated you agree to be charged $45.00 for termination and that all content on your related Service(s) be permanently deleted, unrecoverable from any True Green® systems. You agree that True Green® and its Supplier(s) are not liable nor responsible for any loss of content or items on your relevant Service(s) subject to the non-payment or no contact within this period. You agree that failure to pay your invoice within 60 days may also result in you or your business being listed for bad debt with a default listing. This may affect your credit score or rating for up to 5 years by CreditorWatch and relevant third parties.
2.9 You agree that failure to update your contact details with us after 7 days of contact can result in a suspension of your Service(s) until the relevant details are given and complete such as, but not limited to for the World Wide Web, host or contact purposes. Where suspension occurs this does not relieve you of any payment for Service(s) in this period.
2.10 You agree that in the event payment is unsuccessful for an account that True Green® make contact with you in line with clause 2.8.
2.11 You agree that it is your responsibility to notify True Green® of a payment if a reminder is sent or in the event, you paid the invoice.
- 3.1. You agree that any third-party provider, plugin or recommendation from True Green® or its provider(s) is to be deemed as a suggestion only. True Green® cannot be held liable nor responsible for any of the suggestions provided to you or offered for download in your plan or related services.
- 3.2 You agree that any third-party suggestions will require your own investigation and external professional advice, at your own expense.
4. You agree that True Green® may withdraw its Service(s) at any time and that a refund be given, if not outside of the other conditions stipulated in this Agreement.
4.1 You agree that the sole purpose of your web hosting is for small to medium sized business or personal use subject to the below terms:
- 4.1.1 You agree that your bandwidth, disk space and memory are restricted based on the plan you choose. Misuse of memory e.g. email files and content or uploads which exceed the average capacity for a small to medium sized business or based on your plan restrictions, may result in a usage notice. There is a maximum of 300,000 individual files to be stored on each server to prevent issues with backups or the performance of services.
- 4.1.2 Subject to Clause 4.1 if your bandwidth, disk space, file limit or memory exceeds the average capacity for your plan, True Green® will send you a notice to recommend lowering your excess use of server or related Service(s) bandwidth, disk space, file limits or memory. Where the amount exceeds the capacity of True Green® or its Supplier(s) Service(s), True Green® will charge you $2.00 per 1GB over your green web hosting plan disk space. Failure to comply with the reduction of memory or these fees may result in the suspension of your website until an agreement is reached or a limitation in some services. Where your site is suspended, this does not relieve you of payment for your Service(s).
- 4.1.3 You agree that if your site uses a high level of memory such as but not limited to uploads of data greater than 5GB (subject to your plan restrictions), then True Green® may suspend your website to prevent future data management or server issues for your related Service(s). In the event your site is suspended, this does not relieve you of any payment to True Green® for the Service(s).
4.2 You agree that True Green® or its Supplier(s) may be required to perform maintenance to ensure the security and reliability of its server(s). In the event of planned or unplanned maintenance, we agree to provide you notice of the maintenance downtime, except when circumstances arise beyond the control of True Green® or its Supplier(s) that prevent us from being able to do so for your Service(s).
- 4.2.1 You agree that the communication of Service(s) disruption subject to clause 4.3 can be in the form of online communication such as, but not limited to email, and Facebook page messages related to the Service(s) where applicable and possible.
4.3 You agree that any content that is undesirable to those under 18 years of age or whichever legal requirement is stipulated or governed by the given or serving country, is labelled and communicated appropriately. You agree that is your responsibility to abide by other laws including, but not limited to the relevant Privacy Act or Consumer Laws.
4.4 You agree that using True Green® as a web host or its Service(s) is for a legitimate and legal purpose. Any purpose(s) falling outside of this are prohibited from using True Green® Service(s). If your account is found to be against these terms you agree True Green® may suspend or terminate your account without notice, which suspension or termination of your account shall not relieve you of any obligation to pay for any fees or charges of the related Service(s).
4.5 You agree that under the sole discretion of True Green® or its Supplier(s), it may withdraw its Service(s) to you at any time. In this event, True Green® will provide a refund for any Service(s) not already partaken, excluding those already given in that calendar month and prior and with the exception of those Service(s) suspended or terminated subject to but not limited to misuse, excess usage, no contact and non-payment.
4.6 You agree that non-legitimate circumstances include but do not limit to the use of uploading content such as:
4.6.1 Video or audio in excess of 5GB;
4.6.2 Pirate Websites;
4.6.3 IP scanners;
4.6.4 SPAM scripts;
4.6.5 File dumping sites;
4.6.6 Commercial audio streaming with more than one stream;
4.6.7 Bank debentures;
4.6.8 Lottery, fossil fuels and gambling sites;
4.6.9 Hacker or virus-focused sites or forums;
4.6.10 Hateful, harassing, discriminatory and or racist sites;
4.6.11 Sites promoting illegal activities;
4.6.12 Fraudulent sites.
4.8 You agree that you must advise us prior to your renewal date if you wish to cancel any Service(s). If we do not receive notification of the cancellation of Service(s), Service(s) be auto-renewed in order to ensure Service(s) disruption or interruption is avoided. You agree to be responsible for any costs involved as per this Agreement.
4.9 You agree that any cancellation of an agreement outside the terms of clause 4.8 lead to a cancellation fee of $45.00 for administration. You agree that True Green® does not refund you for Service(s) pre-paid to cover set-up costs. You agree that with a cancellation it is your responsibility to save or export any data required. Cancellation of any Service(s) results in the automatic permanent deletion of associated content on the True Green® server. You agree that True Green® and its Supplier(s) is not liable nor responsible for any loss of content, as a result, of cancellation.
4.10 You agree that True Green® or its Supplier(s) shall maintain, change and control ownership of all IP numbers and addresses that may be assigned to you by True Green® or its Supplier(s).
4.11 You agree that True Green® and its Supplier(s) to cache the entirety of your Website, including data and content by you or third parties hosted by True Green® and its Supplier(s) under this agreement. You also agree that any such caching is not an infringement of any of your or a third party’s intellectual property rights.
4.12 You agree to not resell, transfer, export or re-export any equipment or technical data derived from True Green® Service(s) with the exception of clause 4.11 related to your own content.
4.13 You agree that both True Green® and its Supplier(s) shall not be responsible for any changes in the Service(s) equipment to become obsolete, require maintenance or alteration, or otherwise affect the performance of the Service(s).
4.14 You agree that it is your responsibility to conduct tests such as, but not limited to computer virus scanning, necessary for any upload of content using or linking to True Green® Service(s). You agree not to upload content that contains a virus or in any method corrupt the data or systems related to your Service(s).
4.15 You acknowledge and agree that neither True Green® nor its Supplier(s) exercises any control over, and accepts no responsibility for content or information passing through True Green® or the Supplier(s) host computer, networks or areas related to your Service(s).
4.16 You agree that True Green® as permitted by law and its Supplier(s) do not warrant that the Service(s) meet your requirements, be uninterrupted, timely, secure or error free, be free from intruders, worm attacks, viruses or unauthorised access or systems of True Green® and its Supplier(s).
4.17 You understand and agree that neither True Green® nor its Supplier(s) agrees that the use of Service(s) warrants accuracy or reliability. You agree that True Green® and its Supplier(s) work to ensure all information supplied to you is of the correct nature as best as possible and as permitted by applicable laws.
4.18 You agree that neither True Green® nor its Supplier(s) shall be held liable for any content, or loss of content including but not limited to email files or web data, transferred either to, from you, stored or backed-up by you or any of your customers via the Service(s) you use with us.
4.19 You agree that you will indemnify and defend True Green® and its Supplier(s) and all employees or agents of True Green® and its Supplier(s) from and against any claims, damages, losses, liabilities, suits, demands, actions proceedings, whether legal or administrative, expense including, but not limited to legal fees incurred by the indemnified party arising out of or in relation to your Service(s). As such claims as part of this Agreement may include but are not limited to claims around trade mark, service mark, copyright, the trading name, patent infringement, unfair competition, injury or damage to business.
4.20 You agree that neither True Green® nor its Supplier(s) shall be liable for indirect, special, consequential or loss of profit, revenue, data or use suffered by you or any third party, whether in action, contract, tort, the legal specification, even where True Green® or its Supplier(s) were notified of such damages.
4.21 You agree that any liability of True Green® or its Supplier(s) for any breach of the term will if permitted by statute, be limited to the re-supply of Service(s) where possible or payment of the cost having Service(s) restored or created again.
4.22 You agree and acknowledge that all rights and content including but not limited to software, control panels or technology provided as part of your Service(s) is that of any trade mark or intellectual property of True Green® or its Supplier(s) or third-party provider(s), and you shall have no right, claim, title or interest in or towards our intellectual property.
4.23 You agree that True Green® or its Supplier(s) may disclose your account and other information in accordance with relevant but not limited to Web law and Internet governing agencies.
4.24 You agree any failure to comply with any provision in this Agreement including but not limited to payment or provision of updated contact information may result in the suspension or termination of your Service(s).
4.25 You agree that True Green® has a zero policy on SPAM and does not allow the use of unsolicited commercial email or spam over our or the Supplier(s) we use networks for your Service(s).
4.26 You agree that in the event of technical failure, maintenance or alteration involved in your Service(s) provided by True Green® or its Supplier(s), we will with reasonable endeavours work to resume your Service(s) as soon as possible. You agree that any event such as but not limited to those above will not result in a refund or liability towards us or our Supplier(s), as per True Green® not guaranteeing any warranties around this service.
4.27 You agree that under court order, judgement or determination True Green® or its Supplier(s) may be requested to remove illegal, offensive, copyright infringement, defamatory or related case information with or pertaining to your related Service(s).
5. The law in Victoria, Australia governs this Agreement.
- 5.1 You agree that if necessary for True Green® or its Supplier(s) to enforce its rights under this agreement, you agree to pay all fees incurred by True Green® or its Supplier(s) including, but not limited to legal fees and collection agency fees.
- 5.2 If any provision of this agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of this agreement shall remain in full force and effect.
Terms last updated 03/01/2023.
True Green® is a pending trade mark. We are a registered Australian business as LYF Solutions Pty Ltd.
True Green® respects your right to privacy and is committed to safeguarding the privacy of our customers and website visitors.
We adhere to the Australian Privacy Principles contained in the Privacy Act 1988 (Cth). This policy sets out how we collect and treat your personal information.
“Personal Information” is the information we hold which is identifiable as being about you.
Collection of Personal Information
True Green® will, from time to time, receive and store the personal information you enter onto our website, provided to us directly or given to us in other forms.
You may provide basic information such as your name, phone number, address, and email address to enable us to send information, provide updates, and process your product or service order. We may collect additional information at other times, including but not limited to, when you provide feedback, when you provide information about your personal or business affairs, change your content or email preference, respond to surveys and/or promotions, provide financial or credit card information, or communicate with our customer support.
Additionally, we may also collect any other information you provide while interacting with us.
How we collect your Personal Information
Use of your Personal Information
True Green® may use personal information collected from you to provide you with information updates and our services. We may also make you aware of new and additional products, services and opportunities available to you. We may use your personal information to improve our products and services and better understand your needs.
True Green® may contact you by a variety of measures including, but not limited to telephone, email, SMS, live chat, via your GROW dashboard, social media or mail.
If you no longer wish to receive email communications from us, you can select the ‘Unsubscribe’ option on related email marketing. However, important transaction and service-based notice emails are still required to deliver your products and services. We’d recommend you do not unsubscribe from these important types of communication as it may interfere with or impact your service experience.
Disclosure of your Personal Information
We may disclose your personal information to any of our employees, officers, contractors, insurers, professional advisers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes set out in this Policy. Personal information is only supplied to a third party when it is required for the delivery of our services.
We may from time to time need to disclose personal information to comply with a legal requirement, such as law, regulation, court order, subpoena,or warrant, in the course of a legal proceeding or in response to a law enforcement agency request.
We may also use your personal information to protect the copyright, trademarks, legal rights, property or safety of True Green®, https://truegreen.au, https://grow.truegreenhosting.au, its customers or third parties.
Information that we collect may from time to time be stored, processed in or transferred between parties located in countries outside of Australia. These may include, but are not limited to Singapore, Asia Pacific, Ukraine and the United States of America.
If there is a change of control in our business or sale or transfer of business assets, we reserve the right to transfer to the extent permissible at law our user databases, together with any personal information and non-personal information contained in these databases. This information may be disclosed to a potential purchaser under an agreement to maintain confidentiality. We would seek only to disclose information in good faith and where required by any of the above circumstances.
Security of your Personal Information
True Green® is committed to ensuring that the information you provide to us is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure information and to protect it from misuse, interference, loss and unauthorised access, modification and disclosure.
True Green® accepts payments through its third-party and primary website and accounting software. These gateways are supported online and offline for credit card or debit card transactions. Stripe and their respective third parties process online credit card and debit card transactions for thousands of merchants, providing a safe and secure way to collect payments, both recurring and one-off. All transaction data is performed using the Stripe payment gateway and its third-party tools. Your credit card or debit card details cannot be viewed in full by True Green® or any outside party. All transactions are encrypted and performed with an under 128 Bit SSL Certificate. You may remove your encrypted and hidden recurring card details using the GROW dashboard or by contacting us should you wish to alter this in your account dashboard. Stripe is an authorised third-party processor for all major Australian banks. For more information about this visit Stripe and your financial institution’s website.
Access to your personal information
You may request details of personal information that we hold about you in accordance with the provisions of the Privacy Act 1988 (Cth). A small administrative fee may be payable for the provision of information. If you would like a copy of the information, we hold about you or believe that any information we hold on you is inaccurate, out of date, incomplete, irrelevant or misleading, please email us at hello @truegreen.au (no spaces).
We reserve the right to refuse to provide you with information that we hold about you, in certain circumstances set out in the Privacy Act.
Complaints about your Privacy
If you have any complaints about your privacy practices, please feel free to send in details of your complaints to hello @ truegreen.au (no spaces). We take complaints very seriously and will respond shortly after receiving written notice of your complaint.
Website and third-party websites
When you come to our website (https://truegreen.au or https://grow.truegreenhosting.au ), we may collect certain information such as browser type, operation system, website visited immediately before coming to our site, etc. This information is used in an aggregated manner to analyse how people use our site, such that we can improve our service and website experience.
Our site may from time to time, have links to other websites not owned, affiliated or controlled by us. These links are meant for your convenience only. Links to third-party websites do not constitute sponsorship or endorsement or approval of these websites. Please be aware that True Green® is not responsible for the privacy practices or operations of other such websites. We encourage our users to be aware, when they leave our website, to read the privacy statements and terms of each and every website that collects personal identifiable information.
Last Updated 4/2/23
Here at True Green® we aim to protect your information, like the adorable Australian-guinea underground bandicoots.
Our bandicoot policy is simple:
- We’ll contact you if there’s a need, and we’ll do our best to avoid contacting you more than 2 times a month for non-transactional information.
- Our business will never spam you.
- We never sell your information to third parties.
- You can tell us to jump any time, by unsubscribing from updates.
Last updated: 4/2/23