Terms and Conditions

Last Updated: 12 November 2012

These terms are the contractual obligations between NodeSpot Pty Ltd and their customers. Nobody likes T's & C's however it is important to familiarise yourself with what these mean to both parties before using this service. It is required that you understand and agree to these terms before agreeing to purchase services from NodeSpot Pty Ltd. This agreement is governed by law, in the state of Queensland Australia and in this policy, references to 'our', 'we' or 'us' are classed as 'NodeSpot Pty Ltd'.

General Use and the Service

NodeSpot will provide you an 'as is' service which allows the user to monitor and track website or service uptime and performance. You agree to only monitor URLs that you own, or have been given explicit permission to monitor through our services. These services are to be used for lawful purposes only. It is considered a violation of these terms to monitor sites that serve content or links that include (however are not limited to):

• piracy
• illegal Content
• copyright infringing material
• damage to people or property

NodeSpot will be the sole arbiter as to what constitutes a violation of these services and reserve the right to disable services if necessary.

NodeSpot cannot be held responsible for any damages caused by the use of this service. Any accidental or consequential loss or damages from using this service will be at the expense of the user. This includes excessive hits, visits, site impressions and excess traffic generated to your site or application as a result from using this service. Any breach of terms in which we are liable, any amounts payable cannot exceed the full amount in which that party has provided to us over the course of the account period, including any setup and once off charges.

Refunds, Billing and Termination

NodeSpot bills based on a calendar month. We invoice on the 1st of each month for the previous month. You agree that payments will be automatically debited when chosen to pay via credit card or auto debit. If you decide to change your plan, features will become available instantly and you will be charged a pro-rata amount for the current usage of your existing plan, and a pro-rata for the usage period of your new plan on your next monthly invoice. You can only downgrade your account if you meet the criteria for a lower plan as depicted on the pricing page. NodeSpot uses a third party company (Merchant Warrior) to handle credit card information and is integrated with our system which is handled with the PCI DSS 2.0 certification standards. For more information regarding how this is handled, please see our Privacy Policy. If you are unhappy with the service NodeSpot provides to you or wish to just close your account, you may terminate your service at any time during the given month. Your service will be cancelled immediately, and a final pro-rata invoice will be generated for the used portion of the month. NodeSpot reserve the right to terminate or suspend services if sufficient payment is not made within 30 days of its due date. NodeSpot offer a 30 day money back guarantee, just ask us to refund within 30 days of your sign up date, no questions asked.

All billable amounts are in Australian dollars (AUD) inclusive of GST.

Financial Data

NodeSpot makes use of a third party (Merchant Warrior) to process your financial data and credit card information. This data is posted directly and securely processed in an Australian data centre in Australia, and holds PCI DSS v2.0 Compliance standards. If you are concerned with regards to how this information is stored and processed, please contact us at privacy@nodespot.com.

Billing information including postal address, name, and phone numbers are stored securely.

Phone calls and SMS features

NodeSpot's phone and SMS service are used to provide additional features and support to our users. NodeSpot's grants the user temporary, nonexclusive use to these services on the basis the user will not use these for any miss leading, unintended or illegal purpose. Spoofing of phone services, or using NodeSpot's SMS services for anything other than their intended use, will be subject to consequences. Furthermore, the user agrees to only use legitimate phone numbers of authorized contacts who have explicitly given their consent to have these services enabled.

Changes or Modifications

NodeSpot reserve the right to change, modify, or enhance these terms and conditions at any time at its own discretion. Unless notified, these changes, modifications or enhancements cannot and will not affect your rights, responsibilities documented.

Indemnification

Upon entering an agreement with NodeSpot, you agree to indemnify us against all costs, liability, expenses both directly and indirectly resulting from the use of this service. You agree to hold harmless against all NodeSpot staff, directors, shareholders, affiliates and any other parties that NodeSpot deem worthy of indemnification.

Trademarks

You agree to not use or display NodeSpot information without our prior written consent, including but not limited to:

• logos
• text
• intellectual property gained from the use of this service

For a request to reuse this content, please contact us at info@nodespot.com

Use of information

It is the responsibility of the user to ensure that information provided to NodeSpot is kept up to date and accurate.