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):
- 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
All billable amounts are in Australian dollars (AUD) inclusive of GST.
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 firstname.lastname@example.org.
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.
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.
You agree to not use or display NodeSpot information without our prior written consent, including but not limited to:
- intellectual property gained from the use of this service
For a request to reuse this content, please contact us at email@example.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.