Last Revised 05/05/2015
At Sapatana, we thrive to provide the best services and support, but we need to ensure these terms and conditions are met by every client.
These terms and conditions are set for every service and product’s we offer. Throughout this document, Sapatana shall be referred to as Sapatana.
1.0 - References
In this Agreement, references to "this Agreement" are references to this Agreement together with any document referred to or incorporated herein; "Clauses" are references to clauses to this Agreement; "Persons" include a reference to anybody corporate, unincorporated association or partnership; the singular shall include the plural and vice versa; "Third Party" is a person who is not a party to this Agreement; references to a statute, statutory instrument, regulation, order or license is a reference to that statute, statutory instrument, regulation, order or license as substituted, varied or re-enacted from time to time, unless the context otherwise requires.
1.1 (Not Allowed)
We do not allow any of the listed below on any of our hosting/ reseller/ VPS services:
- IRC Bots, Pirated Software / Warez, image, filedump, or banner-ad services (similar to rapidshare, photobucket, or commercial banner ad rotation), topsites, commercial audio streaming (more than one or two streams), Escrow, High-Yield Interest Programs (HYIP) or related sites, Investment sites (FOREX, egold exchange),sale of any controlled substance without prior proof of appropriate permit(s), AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg's, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts. Forums that distribute or link to warez content is prohibited. Any Documents breaking any countries law
They are strictly prohibited, and users may find that their accounts are suspended pending investigation, if it is discovered users are hosting any of the above items, if needed we have full rights to contact the local authorities.
1.2 (Breaking Terms)
If you are found to be breaking any rule on our checks, we reserve the right to suspend or terminate your services, You will be charged a fee of $10 for administration fees. If for any reason we have to terminate your services, we have full rights to charge you $15 administration fees for a backup of the service. If you abuse our terms and conditions twice, you will be removed and banned from using our services in the future.
1.3.1 (Payment Methods)
When you register to Sapatana, you agree you know our payment methods which are:
We are however, looking into new payment methods so we will be offering more as our company grows. All transactions are logged daily and we keep them for our records. If your account has been found as fraud, we will suspend your account or/and services until it has been investigated with the appropriate authorities.
1.3.2 (OneBip (Sms) payments)
We do not allow SMS Payments for Domains, licenses and Servers due to the high fee's we encounter.
1.4 (Late Fee)
We charge a minimum of £1.35 or 10% of the invoice late payment fee, if an invoice is overdue, we do however, offer a three day cooling off period for Paypal or a 5 day cooling off period, for you to pay within before your charged and your services suspended, however if you do go over into this period, it is recorded on your account for our records, If you go over into this period regularly, we will remove this cooling period, from your account.
We offer a 7 day money back guarantee excluding domains to all new customers else it's a 3 day money back guarantee for clients on the first product they purchase with us. If the client has more than one products or services with us and wants a refund, a reason is required and the it will be the staff discretion wherever it's eligible for a refund. We give refunds, but only on the staff discretion, if they think you are eligible for a refund, the staff member, will contact the Sapatana management, who will take this further, they will then refund your account in Sapatana Credit. If you have already requested a refund within 7 days, you cannot request another until 30 days.
2.1 (Account Holder)
As the account holder you are responsible for any action made on your account and/or server, both with regards to your service at Sapatana and at a court of law. You are responsible for what is on your account and server, any bills on your account are your bills and no-one else is liable to pay them. You are also responsible if you break our rules or the Law, and if needed you will be the one responsible to go to court, and Sapatana has full rights to suspend your account or server while investigating with the authorities needed.
2.2 (Downtime policy)
If at any time Sapatana businesses go down, you are entitled to the downtime policy. If you have 30% downtime which has been caused by Sapatana, you are entitled to 25% refund of the bill you have left (eg: You have 1month service and used 25 days, you will be entitled to 25% off 6 days). If you have 90% downtime caused by Sapatana you are entitled to a full refund.
2.3 (False Information)
Using false information to access our services is not permitted, if you are found with incorrect information we reserve the right to terminate your account upon email notification. This includes, Address, telephone, email. Your account will be suspended and you will be banned from using Sapatana. If you have made a error in your information when registering please inform us immediately so you don't get suspended.
2.4 (Age Limit)
We have an age restriction to comply with certain rules and laws. The limit to use our service is a minimum of 15 Years of age, If you are under this age, we will require your parent/s to register the account with Sapatana and create you a Sub-Account, where your parent/s can create you an account and they can restrict what you can do on this account. If your parent/s allows you to register and provide your details to us, they will have to ring up Sapatana. If you are found to be under 15 with no consent or you have given the wrong age we reserve the right to remove you from our database or request parental consent at any time.
The customer is responsible for contacting the company to ensure that their cancellation request has been received.
2.6 (Shoutcast Streaming)
We never monitor your streaming and we will not be held responsible for copyright infringement or non-licensed websites. If you go over your Bit-rate your account will be suspended automatically. To UN-suspend your account we charge a small fee of £2.50
All cancellations must be requested 15 days before the next bill is due, when requested to cancel a service we cancel when the next payment is due unless it is a VPS, which we will cancel as soon as that request is due in. We will however allow 24hours for you before it is fully terminated in case you do change your mind. Failure to cancel within 10 days, you will be charged for the following month. If for any reason a client wishes to terminate their account, a cancellation request must be submitted to Sapatana Cancellation team.
2.8 (Server Abuse)
If you are found to be carrying out activities which can lead to damage to Sapatana's server(s) users involved can expect to be immediately suspended, and in some cases, will be prosecuted for any damage caused. For example, malicious software and script activates, DDoS and DoS attacks. Accounts found to be using over 25-30% of the respective server's CPU for a period of time that is considered to be damaging the Sapatana's Server and may face suspension, or a billable upgrade to the client's VPS. Similarly, accounts using over 25 processes for an excessive amount of time affecting the stability of the Sapatana's server will be suspended. It is the clients responsibility for their account, so therefore if their account is stolen, or lent to another user it remains the clients responsibility to inform us of this breach before such activities take place.
2.9 (Sapatana liability)
Under no circumstances, shall Sapatana or it's business or Third Party be liable for any damages including, but not limited to loss of data. This may arise from the inability to access Sapatana's servers or resources - Even if a Sapatana representative has previously been notified in writing, or orally of the possibility of such damage.
Any customer withdrawing payments via bank or another Payment Gateway (referred to as "chargeback") in a way Sapatana believes is unfair shall incur a punitive fine of £30 and the cost. The same punitive fine will be incurred if payments made are then rejected by our bank.
2.11 (Non Payments)
Customer accounts that are not settled by 25 days after due date maybe passed to a debt recovery agency and will incur an administration fee of £50.00.
3.0 (Registering a Domain Name)
Sapatana does not accept responsibility nor does it make any warranty that the domain names(s) requested by the Customer will be accepted for registration in the register of the Naming Organisation nor will it be liable for any costs of the Customer incurred if the application for Registration is unsuccessful. Sapatana does not accept responsibility for any liability to third parties for breach of their Intellectual Property Rights in relation to the domain name(s) requested by the Customer.
3.1 (Domain Names)
When registering a domain name, you agree that it is the name you want, when you submit the order, it is automatically registered. All Australian domains must be brought by a member of Australia and/or contain a Australian address. Mobi domains can only contain alphabets a to z, numbers 1 to 9 and hyphens, cannot begin or end with a hyphen, cannot have two hyphens in the third place and cannot contain spaces and special characters (such as !, $, &, and so on). All other Domain terms are listed below (3.2 - 3.5) Buying these domains without following the warnings won’t be refunded.
3.2a (Free domains)
If you purchase a package from Sapatana and receive a free domain with the product/service you are subject to a four month contract before the domain is rightfully yours, If you cancel the product/service before the four months is up, we fully have rights to suspend and re-own the domain. If the domain is free due to winning it in a competition then we have a lock on it for 10 months as well till you can move it.
3.2b (Domiain Discounts)
If you get any type of addition discount from the sales department or the management which aren't publicly available we have a 10 month lock on that domain before it can be moved away from our domain registrar.
3.3 (.CA Domains)
Registering a .CA domain name requires the Registrant to contract with the Canadian Internet Registration Authority (CIRA) and agree to the latest version of CIRA's Registrant Agreement. .CA domains do not have Privacy Protection, so your details will be shown on the .ca Whois.
3.4 (.US Domains)
When ordering a .US domain name cannot contain any of these seven words/phrases are not allowed in any .US domain name: shit, piss, fuck, cunt, cocksucker, motherfucker or tit's, they will not register a domain name using any of them words.
3.5 (Domain Terms)
When you register a domain, you automatically agree your details will be on the Whois, the following are on the Whois: Company Name (if given), Full Name, Address, Telephone number, Email address, if you wish to hide your details, you will receive an email from our registrar with link to your domain portal, where you can turn on Privacy Protection but it is only if the domain registrar allows you to do so. Some domains are forbidden to protect your data (eg: .in / .ca )
4.0 (Adult content)
Displaying adult content is permitted, providing it conforms to EU laws and the client's country's own laws, which includes valid record keeping. Access to the site must be protected by a date of birth script to ensure under 18's do not view it. Child Pornography is strictly forbidden, any user/s caught displaying such content will immediately be suspended, and reported to the appropriate authorities.
4.1 (Downtime policy)
If at any time Sapatana businesses goes down, you are entitled to the downtime policy. If you have 30% downtime which has been caused by Sapatana, you are entitled to 25% refund of the bill you have left (eg: You have 1month service and used 25 days, you will be entitled to 25% off 6 days). If you have 90% downtime caused by Sapatana you are entitled to a full refund excluding maintenance.
5.0 (Abuse towards Sapatana Team)
Any abuse towards a member of the Sapatana team will not be tolerated, and users may find action is taken against them.
5.1 (Data Protection)
All information, mail messages and other data stored on the Sapatana's system will be treated as private and solely the property of the Customer at all times and will not be duplicated, copied, reproduced or viewed publicly in any way except with express or implied permission of the Customer and/or for the purpose of the Sapatana's back up services and/or providing the Customer with the Services and/or for the Sapatana's own internal purposes such as market research. Sapatana expressly points out to the Customer that by entering into this Agreement the Customer acknowledges and agrees that once the Customer's unencrypted data passes onto the Internet, it is not secure and is open to unscrupulous use. Sapatana cannot accept responsibility or liability for any data or information that becomes available by such means against the wishes of the Customer and Sapatana recommends the use of encryption for transfer of sensitive data or information.
5.2 (Sapatana Final)
Sapatana reserves all rights to refuse you service, for any reason during your time with us, especially if we have been given false information. Sapatana team members do not have any rights to give out any discounts to any member of the public or friends, so please do not pester them.
Sapatana may revise these Terms and Conditions at any time by amending them and posting an up to date copy on the Sapatana Website. Customer should check the Terms and Conditions regularly as Customer's use of the Sapatana Website and Services will be deemed an acceptance of the Terms and Conditions existing at that time.