Terms And Conditions Policy

Terms and Conditions Policy

1. General

These Terms and Conditions (“Agreement”) governs the use of the services (“Service”) that are made available by 152HQ Pty Ltd. (“152HQ “, “we” or “us”). These Terms and Conditions represent the whole agreement and understanding between 152HQ and the individual or entity who subscribes to our service (“Subscriber” , “you” or the “users” under your account).
PLEASE READ THIS AGREEMENT CAREFULLY. By submitting your purchase application and or by your use of the Service, you agree to comply with all of the terms and conditions set out in this Agreement. 152HQ may terminate your account at any time, with or without notice, for conduct that is in breach of this Agreement, for conduct that 152HQ believes is harmful to its business, or for conduct where the use of the Service is harmful to any other party.

152HQ may, in its sole discretion, change or modify this Agreement at any time, with or without notice. Such changes or modifications shall be made effective for all Subscribers upon posting of the modified Agreement to this web address  at the URL: https://www.152hq.com/wp/terms/. You are responsible to read this document from time to time to ensure that your use of the Service remains in compliance with this Agreement.

2. Services

152HQ offers Subscribers the use of our products for the duration of the subscription service period purchased from 152HQ.

Current public subscription products include the following (non-exclusive list): –

Custom software products also have a subscription Service period for ongoing server and maintenance costs.

Services are provided on the basis of facility and equipment availability. 152HQ reserves the right to modify, change, or discontinue any aspect of the Services at any time.

Access to the products is terminated upon expiry of the Service.

Any data relating to your terminated Service will be deleted from our servers 14 days after your termination date.

Details regarding your account can be found in your account control panel, at this URL: https://www.152hq.com/crm/clients/login

3. Product Purchasing Policy

Products sold on our website shop are covered under our Product Purchasing Policy. Details can be found at this URL: https://www.152hq.com/wp/product-purchasing-policy/

4. Server (The Hub)

At its sole discretion, 152HQ may place advertisements or other commercial content on websites, emails or anywhere it deems fit, that are operated or owned by 152HQ, but are accessible by your subscription.

All 152HQ web product services, including service trials and promotional offers, and their billing terms may be prorated and adjusted to expire on the last day of a month.

All service trials and promotion offers are considered to be delivered in full upon the completion of the service term stated on the trial or offer invoice found in your account control panel. 152HQ is not obligated to provide reimbursement for any proration or service term adjustment on service trials or promotional offers.

Promotional offers, including special introductory rates, promotional rates, or any non-regular pricing, are only available to new customers and are only valid for the initial term. All hosting services will renew at the current renewal rate.

In the absence of a cancellation request from you, your product service will be renewed for a successive term, at the current renewal rate on the anniversary date.

5. GPS Tracking Services

If you are a business owner considering the use of GPS tracking devices to help you manage remote employees, it’s important that you understand your rights and the rights of your workers before you get started. Laws regarding an employer’s rights to monitor his or her employees vary from state to state and country to country, so you’ll want to know exactly what the laws say in the state where your business operates. Consulting with a local lawyer is often helpful as they can provide more information about laws in your area and insight into the kinds of actions that may lead to lawsuits from employees.

152HQ does not condone illicit tracking.

Read more about GPS tracking laws in Australia at this URL: https://www.152hq.com/wp/2017/09/11/gps-use-in-australia/

5.1 GPS Use Disclaimer

The use of GPS devices, tablets and smartphones tracking.

Smartphones in fact use more than GPS to locate you. They employ a hybrid locational system combining three separate technologies:

  • Assisted GPS (A-GPS)
  • WiFi positioning
  • Cellular network positioning.

These three technologies are used in combination as/when they are available. A-GPS is the most accurate of the three, and cellular positioning the least accurate.

Many things can degrade GPS positioning accuracy. Common causes include:

  • GPS or background services turned off.
  • GPS permission not accepted when loading the application.
  • Mobile data turned off.
  • Phone in Flight Mode.
  • Device has been left still for more than 5 minutes.
  • The location of your device. Your device should be out in the open rather than in a briefcase, under the seat or contained within compartments within your vehicle.
  • Satellite signal blockage due to buildings, bridges, trees, etc.
  • Indoor or underground use
  • Signals reflected off buildings or walls (“multipath”)

Far less common causes may include:

  • Radio interference or jamming
  • Major solar storms
  • Satellite maintenance/maneuvers creating temporary gaps in coverage
  • Improperly designed or low quality mobile devices

Furthermore, the accuracy of the maps used in our websites are not guaranteed 100% of the time as they are maintained by a third party.

GPS tracking requires online data transfers for some features, such as sending location data. Accessing these features over data network services may incur costs from your provider. If you use the app and data services on your tablet, you are responsible for any fees that your service provider charges. Your service provider is not a provider of 152HQ Pty Ltd.

152HQ makes no representations, expressed or implied, as to data accuracy, completeness, validity or suitability. The end user assumes the entire risk as to the quality of the data. 152HQ shall not be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of data; or for any delay or interruption in the transmission of data to the user; or for any losses, injuries or damages arising from its display or use

6. Mobile Application Battery Use

GPS tracking uses hybrid locational functions for location tracking, this function requires power, GPS tracking as well as any other mobile services will drain your battery faster than normal. Please be aware of this fact.

7.  Mobile Application Data Usage

We send data from your mobile device back to the central hub on regular basis to monitor movement and other details in real time.  This action will normally increase data usage. You are responsible for the cost of your own data usage costs from your service provider.  Data services are not provided by 152HQ. Please be aware of this fact.

8. Email & SMS

152HQ’s email and SMS service provides customers with the capability to send and receive email via the Internet. 152HQ retains the right, at our sole discretion, to restrict the volume of messages transmitted or received by you in order to maintain the quality of our email services to other Subscribers and to protect our computer systems.

As an owner and operator of the equipment and as other resources are utilised to provide these services, 152HQ has the legal right to block electronic communications from other entities on the Internet.

152HQ relies on the support of its sponsors and advertisers to help offset the cost of the Services offered to its Subscribers. You acknowledge that as part of your 152HQ Service, advertisement sponsored email newsletters may be sent to Subscribers and 152HQ email service email accounts.

9. Definition of Unlimited Usage

What “Unlimited” means: 152HQ does not set an arbitrary limit on the amount of resources an account can use.

What “Unlimited” DOES NOT mean: The accounts are not intended to support the greater product needs of large enterprises or to be used as an online storage warehouse to store backups, archiving of electronic files or emails, documents, log files, etc. or to be used as a media file streaming/sharing hub.

Reselling any of the Service’s resources is strictly prohibited. Any accounts found to be reselling resources will immediately be suspended, with or without notice. Reselling of account resources is only permitted if you are using a Reseller Product Plan through our affiliates program. ( https://www.152hq.com/wp/affiliate-area/ )

152HQ’s “Unlimited” services are provisioned in a shared server environment. Any account found to be adversely affecting the performance of other Subscriber accounts by excessively using network bandwidth, server storage, memory or CPU resources, will be flagged by 152HQ administrators and anti-abuse controls. These Subscribers will then be asked to consider an upgraded Server services. Serious offenses will result in the account service suspension or termination, with or without notice.

10. Domain Name Registration & SSL Certificates

152HQ offers domain name registration and renewal services in partnership with ICANN accredited registrars Enom LLC, Tucows. 152HQ processes registration and renewal services through these respective registrars at its discretion.

You acknowledge and agree that you may not transfer the domain name registration to another domain name registrar during the first 60 days of the initial registration, or within 60 days of any successful transfer or renewal of the registration. 152HQ is authorised to deny any such transfer requests.

You acknowledge and agree that 152HQ may, but is not obligated to, place your domain name in a Domain Lock status to prevent unauthorised transfers of your domain name.

Domain names which have opted in to the Automatic Domain Renewal service, and any optional features associated with them, will be automatically renewed for the minimum term available for that domain type at the current renewal rate 6 days prior to expiry. You will be solely responsible for all renewal costs and for any other costs in doing so. Subscribers may choose to opt in or out of the Automatic Domain Renewal service via your account control panel.

Promotional offers, including special introductory rates, promotional rates, or any non-regular pricing, are only available to new customers and are only valid for the initial term. All domain names registrations will renew at the current renewal rate.

Subscribers who have purchased their domain name registration at a promotional price are subject to a Domain Transfer Fee when they transfer their registration to another domain name registrar during the purchased registration term.

Subscribers who wish to transfer their domain name registration to another domain name registrar while the registration is expired are also subject to a Domain Transfer Fee.

The Domain Transfer Fee is based on the domain type and is subject to any applicable taxes.

General Domain Transfer Fee (.com, .net, .org, .biz, .info, .mobi, .us, .eu, .me) AUD$30.00
Special Domain Transfer Fee (.co.nz, .uk, .tv, .site, .live, others) AUD$55.00

In addition to this Agreement, new domain registration accounts are also subject to the Domain Registration Agreements of the respective governing registries.

If a new SSL certificate was purchased for your custom service using 152HQ, 152HQ will automatically renew and bill you yearly. 152HQ will renew the SSL certificate prior to each annual anniversary. Failure to pay for the renewal Fee by the due date may risk the non-renewal of your SSL certificate.

11. Service Fees / Payments / Invoices

All 152HQ fees and charges are quoted and billed in Australian Dollars unless otherwise noted.

152HQ uses an automated payment processing system, which only accepts credit card or PayPal payments at this time. All Subscribers are required to maintain valid payment information on file for the processing of any applicable service fees. At its sole discretion, 152HQ may use credit card issuer-approved services, such as VISA Account Updater and MasterCard Automatic Billing Updater, to acquire updated payment information for the purpose of processing outstanding payments that are on your account.

152HQ also allow paying via direct deposit and our bank details are provided on your invoice. If you do not use an automated payment processing system, you are responsible for making the deposit on or before time.

152HQ may take any reasonable action to validate your payment and registration information, and collect all payments due. You agree to pay all attorney and collection fees arising from any efforts to collect any past due amounts from you, to the extent allowed by law.

Service fees are due at the time of order or on the day of renewal. All fees must be paid in full.

Invoices for all 152HQ services can be found by logging into your account control panel at this URL: https://www.152hq.com/crm/clients/login

152HQ does offer trial licenses. After signing up, you will receive a new, fully functional license. The free trial is valid for 14 to 30 days (depending on the service) because we want you to test our products in your own business environment, to get to know our product before you make your decision about a subscription. During your trial period, the credit card is not charged.

Billing inquiries and disputes should be brought to 152HQ’s attention within 30 days of the invoice date. Failure to do so will be deemed to be an admission that the invoice and charges are accurate.

If any chargeback or charge dispute notices are received for your account, services provided to you may be immediately suspended pending investigation, and you will be subject to chargeback service charges. Where applicable, 152HQ reserves the right to put your Service on “Hold” status until the chargeback or dispute issue has been resolved.

Accounts will be suspended if its service renewal fees are not paid within 72 hours of the due date. Accounts suspended in this manner can be re-activated upon payment of the Account Reactivation Fee (see below).

Any applications or requests for services will be declined if payment cannot be successfully processed within 72 hours of the order.

152HQ reserves the right to modify service fees and rates, effective upon posting on the 152HQ website or on this Agreement. Current service charges include the following (non-exclusive list):

Account Reactivation Fee AUD$25.00
Chargeback Service Charge AUD$45.00
Reactivation Fee (TOC Violation) AUD$45.00
Refund Processing Fee AUD$25.00

12. Definition of “Transaction Fees”

152HQ charges you transaction fees from PayPal or SecurePay relating to the processing of transactions under your account (“Card Fees”). You will be solely responsible for any such Transaction Fees.

13. Termination / Plan Change / Refund Policy

152HQ may terminate your Service under the following circumstances (non-exclusive list):

  1. Non-payment of fees
  2. You are in breach of any term or condition of this Agreement
  3. Your use of the Service disrupts 152HQ business operations or affects any other party

All Subscriber data is removed from 152HQ servers for such terminations.

You may request account termination or hosting plan changes at any time by contacting our Customer Service team via a case ticket located in your client area at this URL: https://www.152hq.com/crm/clients/login

When submitting your cancellation request, you must provide the correct username and password for your account for verification. Incomplete cancellation requests will be deemed invalid and will not be processed. You will be responsible for any service fees that arise from your failure to cancel your account. After canceling, your service will stop working immediately. Credit from previous payments will be lost and is not refundable.

Refunds
If you cancel your account, regardless of the billing cycle, we provide no refunds or credits for unused time of the service or subscription downgrades, if you decide to close your account before the end of your subscription period. There will be no exceptions in order to treat all users equally and to keep our administrative costs low for the ultimate benefit of our customers.

Refund Notes:

  • Refunds will not be given for custom products or one-time service fees, such as web design fees, file recovery fees, domain redemption fees, etc.
  • Domain name registrations, regardless if it is an initial registration or a renewal of an existing registration, cannot be cancelled and will remain in effect until the end of the registration term.

14. Account Owner and Subscriber Responsibility

When you apply to use 152HQ services, you will be issued with a Username and Password. The Username and Password are the means through which you access certain services. You acknowledge and agree that it is your responsibility to safeguard the Username and Password you select from any unauthorised use. IN NO EVENT WILL 152HQ BE LIABLE FOR THE UNAUTHORISED USE OR MISUSE OF YOUR USERNAME OR PASSWORD.

As an Account Owner of a service(s) you are responsible for all the Users under your Account. It is your responsibility to put processes and procedures in place so your Users know and understand these Terms and Conditions of service. This includes Users who only use the mobile applications.

Subscribers and Users are responsible for maintaining accurate account information at all times, including credit card and contact information. This information can be updated in your account control panel.

15. Prohibited Conduct

152HQ does not allow the use of unsolicited commercial email (“Spam”) to promote products or services. Any Subscriber engaging in the sending of Spam through the 152HQ network will be considered in breach of this Agreement and will be suspended from the Service immediately.

Your use of the Service must be in compliance with Australian laws, and the laws of your country at all times.

You are responsible for ensuring that your use of the Service does not consume excessive system or network resources that disrupts the normal use of the Service through, but not limited to, spawning multiple processes, or consuming excessive amounts of memory, CPU or bandwidth capacity.

The following is a non-exclusive list of content, and behaviour prohibited by the Service:

  1. Content that contains or contains links to: nudity, pornography, adult content, materials with sex or foul language.
  2. Content that condones, promotes, contains, or links to warez, cracks, hacks, their associated utilities, or other piracy related information, whether for educational purposes or not.
  3. Content that has been promoted through the sending of Spam or mail fraud schemes, or pages that promote or condone the sending of Spam. The sending of bulk email originating from our servers mass distributed to unknown recipients soliciting products or services, or of bulk email NOT originating from our servers mass distributed to unknown recipients soliciting products or services relating to a 152HQ account will result in immediate account suspension.
  4. Content that is grossly offensive to the community, including blatant expressions for bigotry, prejudice, racism, hatred or excessive profanity, or to post any obscene, filthy, excessively violent, harassing, or otherwise objectable material.
  5. Content or otherwise that exploits children under 18 years of age.
  6. Content that sells or promotes any products or services that are unlawful in the location at which the content is posted or received.
  7. Content that infringes or violates any copyright, patent, trademark, service mark, trade name, trade secret, or other intellectual property right of any third party.
  8. Content that promotes mail fraud, multi-level marketing (pyramid) schemes or other illegal or fraudulent activities.
  9. Content that posts or discloses any personally identifying information or private information about any third parties without their express consent.
  10. Reverse engineering, reverse compiling or otherwise deriving the underlying source code or structure or sequence of any 152HQ service, solution or technology.

16. Notices

You agree that, unless other instructions are posted on 152HQ’s website, any notices required to be given under this Agreement will be deemed to have been given if delivered by email or sent by registered mail or by courier to each of the parties in accordance with the most current contact information you have provided to us, and the contact information for 152HQ is posted on the 152HQ website. All notices shall be effective upon receipt, except that email notices shall be effective upon transmission.

17. Privacy

The 152HQ Privacy Policy sets out our obligations with respect to the safeguarding, collection and use of Subscribers’ personal information. The 152HQ Privacy Policy is subject to modification from time to time, and such changes are effective upon posting of the modified policy to this URL: https://www.152hq.com/wp/privacy/.

18. Reservation of Rights

152HQ reserves the right and sole discretion to:

  1. Censor any content hosted on its servers that is deemed inappropriate.
  2. Review any account for excessive space or bandwidth utilization and to suspend service to those accounts that have exceeded allowed levels.
  3. Terminate any account for non-payment of fees, for providing fraudulent account information or fraudulent payment information.
  4. Terminate any account if the contents of its services resulting in, or are the subject of, legal action or threatened legal action against 152HQ or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit.
  5. Terminate any account for unsolicited, commercial e-mailing (i.e., Spam), illegal access to other computers or networks (i.e., hacking), distribution of Internet viruses or similar destructive activities, activities whether lawful or unlawful that 152HQ determines to be harmful to its other customers, operations or reputation, or for any breach of this agreement.
  6. Suspend the Service at any time for any duration of time when necessary, without penalty or liability to ourselves.
  7. Use any material produced by our software products, for the purpose of product and/or service promotions as we deem fit.

You agree that it may be necessary for us to temporarily suspend the Service for technical reasons or to maintain network equipment or facilities.

19. Limitation of Liability

The Service is provided on an “as is” and “as available” basis and the use of the Service is at your own risk. 152HQ makes no representations or warranties, either expressed or implied, with respect to the Service, or any service or information provided through the Service. 152HQ is not responsible for any damages, injury or economic loss arising from the use of the content or Service provided by 152HQ.

In no event will 152HQ be liable to you for any direct, indirect, incidental or consequential damages or economic loss arising out of the Service or in connection with your website or any other services or products provided to you.

152HQ, its officers, directors, owners, agents and employees shall in no way be liable to you or anyone else for any loss or injury resulting from the use of the Service or of your website.

In no event shall 152HQ be held liable for any damages or economic loss, whatsoever, as a result of notifying any official of potentially illegal content on your website, or for providing copies of your data files to the appropriate authorities or cooperating with law enforcement efforts to locate persons who have posted content that is illegal or promotes illegal conduct.

20. Indemnification

You agree to indemnify and hold 152HQ , its affiliates, sponsors, partners, directors, officers and employees harmless from and against, and to reimburse 152HQ with respect to, any and all losses, damages, liabilities, claims, judgments, settlements, fines, costs and expenses (including reasonable related expenses, legal fees, costs of investigation) arising out of or relating to your breach of this Agreement or use by you or any third party of the Services.

21. Force Majeure

152HQ will not be liable for any delay, interruption or failure in the provisioning of services if caused by acts of God, declared or undeclared war, fire, flood, storm, slide, earthquake, power failure, the inability to obtain equipment, supplies or other facilities that are not caused by a failure to pay, labour disputes, or other similar events beyond our control that may prevent or delay service provisioning.

22. Unenforceable Provisions

If any part of this Agreement is found to be invalid or unenforceable under applicable law, such part will be ineffective to the extent of such invalid or unenforceable part only, without affecting the remaining parts of this Agreement in any way.

23. Governing Law

The rights and obligations of the parties pursuant to this Agreement are governed by, and shall be construed in accordance with the laws of NSW, Australia.

You may be subject to other local, provincial or state and national laws. You hereby irrevocably submit to the exclusive jurisdiction of the Courts of Australia for any dispute arising under or relating to this Agreement and waive your right to institute legal proceedings in any other jurisdiction. We shall be entitled to institute legal proceedings in connection with any matter arising under this Agreement in any jurisdiction where you reside, do business or have assets.

24. Age of Majority

152HQ does not accept agreements and payments from persons under the legal age of 18 years. By submitting your account application, you confirm that you are over 18 years of age or your parent or legal guardian has agreed to accept this Agreement on your behalf.

25. Waiver

No waiver of any of the provisions of this Agreement will be deemed to constitute a waiver of any other provision nor shall such a waiver constitute a continuing waiver unless otherwise expressly provided in writing duly executed by the party to be bound thereby.

26. Entire Agreement

This Agreement, as may be updated from time to time and posted at the URL:  https://www.152hq.com/wp/terms/ , represents the complete agreement and understanding between us with respect to the Service and supersedes any other written or oral agreement.

27. Problems or questions

If we become aware of any ongoing concerns or problems with our Websites or Applications, we will take these issues seriously and work to address these concerns in a timely manner. If you have any further queries relating to our Terms and Conditions Policy, or you have a problem or complaint, please contact us at info@ 152hq.com.

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