Trust & Integrity

Information about your rights and responsibilities in relation to our services.

Sumer Digital is a registered trademark. Any other product names, marks, symbols, trade names, company names and/or logos which appear within the Site are the property of their respective owners and appear through the courtesy of, and/or a license from, such owners. Such marks, in addition to the Sumer Digital trademark, are protected by Australian law, including its laws on trademark and unfair competition, and may also be protected by the laws in other countries.

Terms of Use

  1. The information provided on this web site has been compiled for your convenience. Sumer Digital makes no warranties about the accuracy or completeness of any information contained on this web site.
  2. Sumer Digital, including its partners, directors, affiliates, officers, employees, agents, contractors, successors and assigns, will not accept any liability for any loss, damage or other injury resulting from its use.
  3. Links to other web sites are provided for your convenience and Sumer Digital is not responsible for the information contained on those web sites. The provision of a link to another web site does not constitute an endorsement or approval of that web site, or any products or services offered on that web site, by Sumer Digital. Sumer Digital will not accept any liability for the use of those links to connect to web sites that are not under our control.
  4. Sumer Digital, including its partners, directors, affiliates, officers, employees, agents, contractors, successors and assigns do not accept any liability:
      • for any investment decisions made on the basis of this information. This web site does not constitute financial advice and should not be taken as such. Sumer Digital urges you to obtain professional advice before proceeding with any investment.
      • for any damages or losses whatsoever, arising out of, or in any way related to, the use of this site and any other site linked to this site.
  5. The limitation on liability contained in paragraph 4 applies to direct, indirect, consequential, special, punitive or other damages that you or others may suffer, as well as damages for loss of profit, business interruption or the loss of data or information.
  6. Nothing in this web site constitutes or is intended to constitute an offer of, or an invitation to purchase or subscribe for, securities.
  7. Sumer Digital holds the copyright to this web site. Sumer Digital grants you a limited licence to download this web site for personal use only. You are not permitted to reproduce or alter this web site, or any copy of it, for any other purpose without the prior express written consent of Sumer Digital.
  8. Content, graphics, format, design, the user interface and other copyrighted material on the Site (collectively, “materials”) are protected by copyright law and other intellectual property laws, and are owned by Sumer Digital and/or its licensors (as the case may be). The materials from the Site are only available for informational and non-commercial offline use, provided that: the materials are not modified in any way; all copyright and other proprietary notices and markings are retained and reproduced in their entirety on any copy made from any material on the Site; and Sumer Digital has, in its sole discretion, given its prior written approval to such use of the Site’s materials.
  9. Any requests to re-use the Site’s materials should be sent to: Click to reveal email address
  10. Sumer Digital regards your privacy as important and will take all reasonable steps to ensure that if you have subscribed to receive notification of web site updates; your e-mail address will remain confidential.
  11. Sumer Digital reserves the right to make changes, modifications, additions, deletions and corrections to the web site, at any time and without notice.

FINANCIAL DISCLAIMER

Sumer Digital does not accept any liability for any investment decisions made on the basis of this information. This web site does not constitute financial advice and should not be taken as such.

EXTERNAL LINK DISCLAIMER

Any links have been provided for your convenience. Web sites which you are transferred to are not controlled by Sumer Digital and Sumer Digital is not responsible, and does not accept any liability, for the information contained on those web sites. The provision of a link does not constitute an endorsement or approval of that web site or any products or services on that web site.

Privacy Statement

INTRODUCTION

This Privacy Policy is Sumer Digital’s official online privacy policy and it applies to all personal information collected by Sumer Digital. In this policy we explain how and why we collect your personal information, how we use it, and what controls you have over our use of it.

Sumer Digital is committed to complying with Commonwealth legislation governing privacy of personal information by businesses and to protecting and safeguarding your privacy when you deal with us.

COLLECTION OF INFORMATION

Some information provided to us by clients, customers, contractors and other third parties might be considered private or personal. Without these details we would not be able to carry on our business and provide our services to you. We will only collect such personal information if it is necessary for one of our functions or activities. In particular, personal information is collected from people in the following situations by Sumer Digital:

  • If you contact Sumer Digital, we may keep a record of that correspondence.
  • When you submit your e-mail address to our web site mailing list.

At or before the time the personal information is collected by us we will take reasonable steps to ensure that you are made aware of who we are, the fact that you are able to gain access to the information held about you, the purpose of the collection, the type(s) of organisations to which we usually disclose the information collected about you, any laws requiring the collection of the information and the main consequences for you if all or part of the information is not collected.

USE OF INFORMATION COLLECTED AND DISCLOSURE OF PERSONAL INFORMATION TO OTHERS

We may use or disclose personal information held about an individual for the primary purpose for which it is collected (eg. provision of our services, including administration of our services, notification to you about changes to our services, record-keeping following termination of our services to you and technical maintenance). We may also use such information for a purpose related to the primary purpose of collection and where it would reasonably be expected by you that we would use the information in such a way. This information is only disclosed to persons outside our business in the circumstances set out in this policy or as otherwise notified to you at the time of collection of the information.

In addition we are permitted to use or disclose personal information held about you:

  • Where you have consented to the disclosure;
  • Where we reasonably believe that the use or disclosure is necessary to lessen or prevent a serious, immediate threat to someone’s health or safety or the public’s health or safety;
  • Where we reasonably suspect that unlawful activity has been, is being or may be engaged in and the use or disclosure is a necessary part of our investigation or in reporting the matter to the relevant authorities;
  • Where such use or disclosure is required under or authorised by law (for example, to comply with a subpoena, a warrant or other order of a court or legal process);
  • Where we reasonably believe that the use or disclosure is reasonably necessary for prevention, investigation, prosecution and punishment of crimes or wrongdoings or the preparation for, conduct of, proceedings before any court or tribunal or the implementation of the orders of a court or tribunal by or on behalf of an enforcement body.

LINKS

Our web site may contain links to other web sites and those third party web sites may collect personal information about you. We are not responsible for the privacy practices of other businesses or the content of web sites that are linked to our web site. Sumer Digital encourages users to be aware when they leave the site and to read the privacy statements of each and every web site that collects personally identifiable information.

SECURITY AND STORAGE

Sumer Digital places a great importance on the security of all information associated with our customers, clients and contractors. We have security measures in place to attempt to protect against the loss, misuse and alteration of personal information under our control.

Personal information is de-identified or destroyed securely when no longer required by us.

Sumer Digital retains the information you provide to us including possibly your contact and credit card details to enable us to verify transactions and customer details and to retain adequate records for legal and accounting purposes. This information is held on secure servers in controlled facilities.

Information stored within our computer systems can only be accessed by those entrusted with authority and computer network password sanctions.

No data transmission over the Internet can be guaranteed to be 100 per cent secure. As a result, while we strive to protect user’s personal information, Sumer Digital cannot ensure or warrant the security of any information transmitted to it or from its online products or services, and users do so at their own risk. Once Sumer Digital receives your transmission, it makes every effort to ensure its security on its systems.

Ultimately, you are solely responsible for keeping your passwords and/or account information secret. You should be careful and responsible whenever you are online.

ACCESS TO AND CORRECTION OF PERSONAL INFORMATION

Sumer Digital is committed to maintaining accurate, timely, relevant and appropriate information about our customers, clients and web-site users.

So long as your request for your personal information is in accordance with the National Privacy Principles, then we will give you access to that information.

Inaccurate information will be corrected upon receiving advice to this effect from you. To ensure confidentiality, details of your personal information will be passed on to you only if we are satisfied that the information relates to you.

If we refuse to provide you with access or correct the personal information held about you by us, then we will provide reasons for such refusal.

COMPLAINTS

If you have a complaint about our Privacy Statement or the collection, use or safe disposal or destruction of your personal information, your complaint should be directed in the first instance to us.

We will investigate your complaint and attempt to resolve any breach that might have occurred in relation to the collection, use or destruction of personal information held by us about you in accordance with the Commonwealth Privacy legislation. If you are not satisfied with the outcome of this procedure then you may request that an independent person (usually the Commonwealth Privacy Officer) investigate your complaint.

TRANSFER OF INFORMATION OVERSEAS

Pursuant to the National Privacy Principles we may transfer personal information we have collected about you to someone other than you in a foreign country only if such transfer is permitted by the National Privacy Principles.

COOKIES

Sumer Digital collects information from the site using “IP files”.

When you visit the Sumer Digital site to read, browse or download information, our system will record/log your IP address (the address which identifies your computer on the internet and which is automatically recognised by our web server), date and time of your visit to our site, the pages viewed and any information downloaded. This information will only be used for the purpose of site analysis and to help us offer you improved online service. We may automatically collect non-personal information about you such as the type of Internet browsers you use or the site from which you linked to our Web Sites. You cannot be identified from this information and it is only used to assist us in providing an effective service on our Web Sites.

CHANGES TO PRIVACY POLICY

If Sumer Digital decides to change its Privacy Policy, it will post changes on this Privacy Policy page so that users are always aware of what information is collected, how it is used and the way in which information may be disclosed. As a result, please remember to refer back to this Privacy Policy regularly to review any amendments.

CONTACTING US

If you require further information regarding our Privacy Policy, please contact us.

Should you wish to read more information on privacy legislation or the National Privacy Principles we recommend that you visit  The Office of the Australian Information Commissioner (OAIC).

ACCEPTANCE

You accept that your use of this site includes your acceptance of this Privacy Policy and the Terms of Use.

By using our web hosting services, you agree to comply with this Policy. You are expected to use the Internet with respect, courtesy, and responsibility, giving due regard to the rights of other Internet users. We expect you to have a basic knowledge of how the Internet functions, the types of uses, which are generally acceptable, and the types of uses, which are to be avoided. Common sense is the best guide as to what is considered acceptable use. The following are unacceptable uses:

Illegality in any form, including but not limited to activities such as unauthorized distribution or copying of copyrighted software, violation of Australia’s export restrictions, harassment, fraud, trafficking in obscene material, drug dealing, and other illegal activities.

Interpretation

The provisions of this Policy are intended as guidelines and are not meant to be exhaustive. Generally, conduct that violates law, regulation, or the accepted norms of the Internet community, whether or not expressly mentioned in this Policy, is prohibited. Sumer Digital reserves the right at all times to prohibit activities that damage its commercial reputation and goodwill.

Compliance with Law

Customer shall not post, transmit, re-transmit or store material on or through any of Services or Products which, in the sole judgment of the Sumer Digital:

  1. is in violation of any local, state, federal or international law or regulation,
  2. threatening, obscene, indecent, defamatory or that otherwise could adversely affect any individual, group or entity (collectively, “Persons”),or
  3. violates the rights of any person, including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations including, but not limited to, the installation or distribution of “pirated” or other software products that are not appropriately licensed for use by Customer.

Customer shall be responsible for determining what laws or regulations are applicable to its use of the Services and Products. Sumer Digital will be the sole arbiters as to what constitutes a violation of this provision, provided that all such determinations shall be made reasonably in good faith based on applicable law, regulation and the accepted norms of the Internet community.

Customer Security Obligation

Each Customer must use reasonable care in keeping each script, application, server or network devices attached to or hosted by Sumer Digital’s infrastructure up-to-date and patched with the latest security updates. Failure to use reasonable care to protect your applications and/or server may result in a security compromise by outside sources. Sumer Digital is not responsible for Customer application/server level security unless a security administration package, firewall security administration package or fully managed operating system package is contracted for. A compromised application or server creating network interference will result in immediate Customer notification and will be suspended/disconnected from the network immediately so as to not directly affect other Customers. No service credits will be issued for outages resulting from disconnection due directly to breached security. The Customer is solely responsible for any breaches of security affecting the applications or servers under Customer control. If a Customer intentionally creates a security breach, the cost to resolve any damage to Customer’s application or server or other servers will be charged directly to the Customer. The labor used to resolve such damage is categorized as emergency security breach recovery and is currently charged at $900 per hour.

System and Network Security

Violations of system or network security are strictly prohibited, and may result in criminal and civil liability. Sumer Digital investigates all incidents involving such violations and will cooperate with law enforcement if a criminal violation is suspected.

Examples of system or network security violations include, without limitation, the following:

  1. Introduction of malicious programs into the network or server (example: viruses, worms, Trojan Horses and other executables intended to inflict harm).
  2. Effecting security breaches or disruptions of Internet communication and/or connectivity. Security breaches include, but are not limited to, accessing data of which the Customer is not an intended recipient or logging into a server or account that the Customer is not expressly authorized to access. For purposes of this section, “disruption” includes, but is not limited to port scans, flood pings, email-bombing, packet spoofing, IP spoofing and forged routing information.
  3. Executing any form of network activity that will intercept data not intended for the Customer.
  4. Circumventing user authentication or security of any host, network or account.
  5. Interfering with or denying service to any user other than the Customer’s host (example: denial of service attack or distributed denial of service attack).
  6. Using any program script/command, or sending messages of any kind, designed to interfere with or to disable, a user’s terminal session, via any means, locally or via the Internet.
  7. Network interference by any Customers that may cause or is currently causing network interference with another Customer will be suspended/disconnected immediately. No service credits will be issued to Customers suspended/disconnected for network violations.
Misuse of System Resources

It is a violation for anyone to post information or to include programs on the the web hosting service which consume excessive bandwidth or CPU time. Background processes, including, but not limited to: ircbot, bnc, proxy, email sender, daemons, are strictly prohibited.

Internet Etiquette

Each Customer is expected execute reasonable Internet etiquette (Netiquette). The Customer will comply with the rules appropriate to any network to which Sumer Digital may provide access. The Customer should not post, transmit, or permit Internet access to information the Customer desires to keep confidential. The Customer is not permitted to post any material that is illegal, libelous, and tortuous, indecently depicts children or is likely to result in retaliation against Sumer Digital by offended users. Sumer Digital reserves the right to refuse or terminate service at any time for violation of this section. This includes advertising services or sites via IRC or USENET in clear violation of the policies of the IRC channel or USENET group.

Email Policy

Mass Mailings

Sumer Digital has a zero stance policy on SPAM, Junk E-mail or UCE. Spam, Junk-mail and UCE are defined as: the sending of the same, or substantially similar, unsolicited electronic mail messages, whether commercial or not, to more than one recipient. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. UCE also includes e-mail with forged headers, compromised mail server relays, and false contact information. This prohibition extends to the sending of unsolicited mass mailings from another service, which in any way implicates the use of Sumer Digital’s services whether or not the message actually originated from our network.

Mailing Lists

Sumer Digital’s mass mailing rules also apply to mailing lists, list servs, or mailing services you may contract with. The policy is stated as follows: An acceptable mailing list will be focused at a targeted audience that has voluntarily signed up for your e-mail information or that has made their e-mail address available for distribution of information from you. The list must also allow for automatic removal by all end Customers with non-distribution in the future.

If your actions have caused Sumer Digital’s mail servers or Sumer Digital’s IP address ranges to be placed on blackhole lists and other mail filtering software systems used by companies on the internet, you will be assessed a $1500 charge to your account and $900per hour for administrative charges incurred to remove and protect mail servers and IP ranges.

Use of Email Accounts

Sumer Digital provides a certain number of email accounts to web hosting customers. This facility should only be used for customer’s direct staff and/or families. Sumer Digital specifically prohibits the use of our web hosting’s email facility to provide email service, whether it is free or fee based to the general public. For example, you cannot provide free email service such as hotmail based on our web hosting email facility.

Child Pornography

Sumer Digital will cooperate fully with any criminal investigation into a Customer’s violation of the USA’s Child Protection Act of 1984 or the Australian equivalent concerning child pornography. Customers are ultimately responsible for the actions of their clients over Sumer Digital’s servers, and will be liable for illegal material posted by their clients.

According to the US Child Protection Act, child pornography includes photographs, films, video or any other type of visual presentation that shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years or any written material or visual representation that advocates or counsels sexual activity with a person under the age of eighteen years.

Copyright Infringement

Sumer Digital’s infrastructure including network, leased hardware, co-location services, and other hardware located in the facility may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of Australian, United States, International or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights.

Creative, utilizing, or distributing unauthorized copies of software are a violation of federal and state law. If you copy, distribute or install the software in ways that the license does not allow, you are violating federal copyright law. Sumer Digital will cooperate with all law enforcement agencies in relation to alleged copyright infringement housed in our datacenters / servers.

Consequences of Violation

When Sumer Digital becomes aware of an alleged violation of its Acceptable Use Policy, Sumer Digital will initiate an investigation. During the investigation Sumer Digital may restrict Customer’s access in order to prevent further possible unauthorized activity. Depending on the severity of the violation, Sumer Digital may, at its sole discretion, restrict, suspend, or terminate Customer’s account and/or pursue other civil remedies. If such violation is a criminal offense, Sumer Digital will notify the appropriate law enforcement department of such violation.

Sumer Digital does not issue service credits for any outages incurred through service disablement resulting from Policy violations.

Reporting Abuse

Any party seeking to report any violations of Sumer Digital’s policy may contact us.

Acceptable Use Policy (AUP) effective 10 December 2005.

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

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

Term

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

Service Cancellation

  1. Service may be cancelled at any time by contacting us. Sumer Digital offers refund on the annual hosting fees to the customer upon cancellation made prior to the first 30 days of the first payment for the Service, unless otherwise specified on the individual service. This refund does not include any incurred setup costs or domain name registrations.
  2. All annual plans can be cancelled at any time. Should the subscription be cancelled before the subscription due date, the Subscriber will be provided with a refund. The refund amount will be calculated based on monthly subscription term.

Fees

  1. Sumer Digital does not extend credit to Subscribers. All services must be paid for in advance of service delivery.
  2. Customers paying by bank transfer or cheque must have all dues submitted prior to account due dates. Annual Payment is required in order to pay by cheque. Returned cheques will result in suspension of service and will incur a $50.00 returned cheque charge, in addition to any service reestablishment fees applicable in order to reconnect suspended service.
  3. All invoices are due upon receipt and will be considered overdue 7 days past the date received. A late fee of 1% per month will be charged on any overdue invoice.
  4. All fees described above must be paid in addition to the cost of services ordered to establish or maintain a customer account. Sumer Digital does not issue refunds or credits except as explicitly specified within this Terms of Service.
  5. If the Subscriber has not fulfilled its dues to Sumer Digital, the Service will be terminated after 30 days of the initial suspension date.

Adherence to Acceptable Use Policy (AUP)

  1. Subscriber agrees not to allow Sumer Digital equipment and services to be used for activities specifically prohibited by the Sumer Digital Acceptable Use Policy (AUP). It is the Subscriber’s responsibility to review this agreement prior to executing this contract. The AUP may be updated from time to time and it is the Subscriber’s responsibility to regularly check for updates.
  2. Subscribers must not allow Sumer Digital resources to be used for SPAM or Unsolicited Commercial Email (UCE), hosting of content advertised by UCE, perpetration of security breaches or hacking, network attacks, illegal activities, child pornography, fraudulent activity, Trademark or Copyright infringement, virus distribution, and like activities.
  3. Subscriber agrees to compensate Sumer Digital for any expenses Sumer Digital may incur resulting from Subscriber’s violation of the posted AUP, including any fines, fees, legal expenses, and labor for investigation and resolution. The cost of any investigations will be charged to the Customer at AU$200 per hour during normal business hours. Emergency investigations are charged double-time at AU$400 / hour with a one hour minimum.
  4. Subscriber is responsible for any activity conducted on their account, including unauthorized activity by hackers. This includes any AUP violations or bandwidth or transfer usage caused by hackers. Sumer Digital will endeavor to assist Subscriber but Sumer Digital is not responsible for protecting Subscribers from hackers and their actions and use of Subscriber’s account.
  5. Sumer Digital does not monitor Subscriber content and activities but reserves the right to disable service or remove content pending investigation of possible AUP violations without first giving notice.
  6. Sumer Digital does not issue refunds for terminating service due to suspected AUP violations.

Ownership of Data, Software, Hardware and IP addresses

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

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

Service Levels

  1. Sumer Digital may interrupt service to perform maintenance. Sumer Digital will use its best efforts to inform Subscriber before interrupting service to insure that access loss is minimized. In the event of software or equipment malfunction or failure, Sumer Digital will provide its best efforts to repair the system as quickly as possible.
  2. In the event that Sumer Digital suspects that server security has been breached, Sumer Digital reserves the right to disable the server and/or the account in order to facilitate investigation and recovery in coordination with Subscriber.
  3. Subscriber agrees that Sumer Digital shall not be responsible for any service interruptions.

Limitation of Liability, Indemnification

  1. Upon the discovery of facts which reasonably indicate that Sumer Digital has breached the terms of this agreement or otherwise failed to perform its obligations under this Agreement, been negligent, or otherwise breached legal duty, Subscriber shall promptly notify Sumer Digital of such facts and follow up any such verbal notification with a written notice within 30 days of such discovery. The failure to give the foregoing notices shall constitute an irrevocable waiver of all claims and causes of action. Subscriber must commence any legal action against Sumer Digital with respect to this Agreement within 12 months after the incident giving rise to the claim or cause of action, regardless of when the incident is discovered. If proper notification is given to Sumer Digital as requested by Subscriber anytime during the twelve (12) month period following such notification, Sumer Digital shall at its sole discretion and option (i) revise or repeat free of charge the service affected by the failure of performance, negligence or breach, or, (ii) terminate this Agreement and pay Subscriber for all incidents, problems, and/or failures up to a maximum of all sums paid to Sumer Digital for service fees. Payment will be made via Sumer Digital cheque from Sumer Digital. The remedies set forth in this paragraph are Subscriber’s sole and exclusive remedies should Sumer Digital breach the above express warranty or otherwise fail to perform its obligation under this Agreement, be negligent or in breach of legal duty.
  2. The parties acknowledge and agree that Sumer Digital shall not be held liable for any consequential damages, including without limitation loss of use or loss of profits, incurred by Subscriber, Subscriber’s Subscriber or customer or its subsidiaries or successors, regardless of whether such damages are sustained based upon as alleged breach of contract, negligent act, or omission.
  3. Sumer Digital is not responsible for data or content maintained and distributed by Sumer Digital facilities.
  4. THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS AND CUSTOMER’S USE OF THE SERVICES IS AT ITS OWN RISK. Sumer Digital DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL OTHER EXPRESS AND/OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. Sumer Digital DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

Miscellaneous

  1. The agreement contains the sole and entire agreement of the parties with respect to the services to be provided by Sumer Digital, and any and all prior or contemporaneous communications, negotiations, commitments, and understandings related thereto are hereby merged herein.
  2. Sumer Digital reserves the right to amend or otherwise change this agreement by publishing the updated service agreement on this page. Subscriber may reject the revised agreement and cancel service with 30 days written notice if the amended terms are not acceptable to the Subscriber.
  3. This Agreement shall be construed and enforced in accordance with the laws of the Commonwealth of Australia, with respect to transactions entered into and to be performed entirely within Australia.
  4. All written communications shall be directed to the Subscriber using the contact information provided to Sumer Digital at the time of order unless otherwise instructed in writing by Subscriber. All fees due Sumer Digital should be mailed to PO Box 98, Northbridge, Western Australia 6865 .

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

Terms of Service (TOS) effective 10 December 2005.

Coverage and Terminology

This Service Level Agreement (SLA) applies to you (“customer”) if you currently hold a Managed Web Hosting account from Sumer Digital (the “Services”) and your account is current (i.e., not past due) with Sumer Digital.

As used herein, the term “Web Site Availability” means the percentage of a particular month (based on 24-hour days for the number of days in the subject month) that the content of customer’s Web site is available for access by third parties via HTTP and/or HTTPS, as measured by Sumer Digital.

Service Level

Objective: Sumer Digital aims to achieve 99.9% Web Site Availability for all customers.

Remedy: Except under the conditions mentioned in the next section below, if the Web Site Availability of customer’s Web site is less than 99.9%, Sumer Digital will issue a credit to customer according to the following table:

Web Site Availability Total Downtime in a 30 day calendar month Credit Percentage
1 99 to 99.9% 0 to 43.2 minutes 0%
2 98 to 99.8% 43.2 minutes to 14 hours 24 minutes 10%
3 95 to 97.9% 14 hours 24 minutes to 36 hours 25%
4 90 to 94.9% 36 hours to 72 hours 50%
5 89.9% or below more than 72 hours 99%

The credit will be calculated based on the monthly service charge for the affected Services.

Maintenance Procedure

  1. Sumer Digital will do its best to announce any scheduled maintenance at least 24 hours ahead of time to the customer.
  2. Sumer Digital reserves the right to perform emergency maintenance without any prior notification, should it be deemed necessary to protect and maintain the security and integrity of the Service.

Conditions

Customers shall not receive any credits under this SLA in connection with any failure or deficiency of Web Site Availability caused by or associated with:

  1. circumstances beyond Sumer Digital’s reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, armed conflict, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, virus attacks or hackers, failure of third party software (including, without limitation, ecommerce software, payment gateways, chat, statistics or free scripts) or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of this SLA;
  2. failure of access circuits to the Sumer Digital’s Network or it’s upstream providers, unless such failure is caused solely by Sumer Digital;
  3. scheduled maintenance and emergency maintenance and upgrades;
  4. DNS issues outside the direct control of Sumer Digital;
  5. issues with FTP, POP, IMAP, or SMTP customer access;
  6. false SLA breaches reported as a result of outages or errors of any Sumer Digital’s measurement system;
  7. customer’s acts or omissions (or acts or omissions of others engaged or authorized by customer), including, without limitation, custom scripting or coding (e.g., CGI, Perl, HTML, ASP, etc), any negligence, willful misconduct, or use of the Services in breach of Sumer Digital’s Terms of Service and Acceptable Use Policy;
  8. e-mail or webmail delivery and transmission;
  9. DNS (Domain Name Server) Propagation.
  10. Outages elsewhere on the Internet that hinder access to your account. Sumer Digital is not responsible for browser or DNS caching that may make your site appear inaccessible when others can still access it. Sumer Digital will guarantee only those areas considered under the control of Sumer Digital: Sumer Digital server links to the Internet, and Sumer Digital’s servers.

Credit Request and Payment Procedures

In order to receive a credit, customers must make a request by emailing us.

Each request in connection with this SLA must include customer’s account name and the dates and times of the unavailability of customer’s Web site and must be received by Sumer Digital within ten (10) business days after customer’s Web Site was not available. If the unavailability is confirmed by Sumer Digital, credits will be applied within three months after Sumer Digital’s receipt of customer’s credit request. Credits are not refundable and can be used only towards future billing charges.

Notwithstanding anything to the contrary herein, the total amount credited to customer in a particular month under this SLA shall not exceed the total hosting fee paid by customer for such month for the affected Services. Credits are inclusive of any applicable taxes charged to customer or collected by Sumer Digital and are customer’s sole and exclusive remedy with respect to any failure or deficiency in the Web Site Availability of customer’s Web site.

Credits are not refundable and can be used only towards future billing charges.

Service Level Agreement (SLA) effective 10 December 2005.