Terms of Service
Terms and Conditions
These terms and conditions define the rules and regulations for using the Onidel Cloud platform, located at
https://onidel.com and https://cloud.onidel.com. Please note that these terms and conditions may be updated at any time.
By accessing this website, you acknowledge and accept these terms and conditions. If you do not agree with any part of
these terms and conditions, please refrain from using Onidel Cloud.
The following terminology applies to these Terms and Conditions, our Privacy Statement, the Disclaimer Notice, and all
related agreements:
- "Customer" refers to the individual or entity that has ordered services provided by Onidel.
- "Customer Service" describes the relationship between Onidel staff and the Customer, aimed at assisting the Customer
with any inquiries they may have.
- "Service", "Service(s)", or "Services" encompasses any product(s) or service(s) that the Customer has signed up for.
This may include, but is not limited to, the provision of server space, internet connectivity for web, email
hosting, FTP services, domain name registration, transfer or renewal, SSL, and VPS. These product(s) and service(s)
are detailed in the "sign up" and "service provision" emails sent by Onidel following the Customer's service
request. Specific details of the Services can be found by logging into Onidel control panel or on our website.
- "Onidel", "Onidel Cloud", "Company", or "Business" refers to Onidel Pty Ltd.
- "We", "Our", or "Us" refers to Onidel Pty Ltd (ABN 67 662 357 397).
- "You" or "Your" refers to the Customer.
Onidel Services
- Onidel will make every effort to provide service to the Customer as quickly as possible after the Customer completes
the necessary sign-up forms and makes payment for the service. If Onidel is unable to deliver the requested service,
the Customer will be notified within 5 working days and will receive a full refund for any charges paid for that
service.
- Onidel will deliver its services to the Customer in a manner Onidel deems appropriate.
The Customer Agrees To Pay
- The Customer agrees to pay Onidel the fees associated with the services provided. These fees must be paid within 7
days of the invoice being sent. Invoices will be sent electronically via email.
- Onidel reserves the right to adjust the amount and structure of the fees. The Customer will receive electronic
notice of any fee changes, with a 14-day notice period before the changes take effect. If the Customer does not wish
to continue using Onidel's services after the fee adjustment, they must notify us within that 14-day period, and we
will disconnect their account. If no response is received, we will assume the Customer accepts the revised fees.
- If the Customer fails to pay the fees within the specified timeframe, Onidel reserves the right to charge interest
at a rate of 15% per year, accruing daily from the due date until payment is received. Onidel may also impose an
administrative charge for late payments.
- The Customer acknowledges that they are responsible for all fees incurred by anyone using their account login or
password, regardless of whether they authorised the use. We strongly advise taking all necessary precautions to
ensure the security of account login and password details.
- If the Customer provides a credit card or direct debit authorisation, it will be charged upon renewal unless the
Customer instructs otherwise. A 14-day notice period is required if the Customer does not wish to have a payment
charged against an existing credit card or direct debit authorisation.
Account Credit
Account Credit means prepaid monetary value that a user adds to their account using an available and approved payment
method. Account Credit represents stored value intended solely for the purchase of services offered through the Onidel
platform.
Each top-up of Account Credit is valid for a period of 3 years from the date on which the respective credit amount is
added to the account. After this period, any unused portion of that specific top-up will automatically expire and be
permanently forfeited without compensation. When multiple top-ups are made, expiration is calculated separately for each
individual top-up based on its original funding date.
Onidel reserves the right to correct errors, reverse improperly granted credits, or deduct credits in cases of fraud,
chargebacks, payment disputes, or violation of these Terms.
Refund
Onidel provides a 7-day money-back guarantee, during which customers may request a full refund. After this period,
refunds are not available unless Onidel is unable to provision the requested service.
Whenever possible, refunds will be issued using the same payment method as the original transaction. Any applicable
transaction fees may be deducted from the refunded amount. For services purchased under a Promotional Plan (plan
purchased during limited sale or with a promo code), any eligible refund will be issued as Account Credit.
All account recharges (top-ups) are final and non-refundable.
Billing
- Invoices for Customer's service(s) are typically generated at least one week in advance. If payment is not received,
Onidel usually suspend Customer's service(s) after the due date, following repeated email reminders. Customer's
service(s) may be terminated after one week, although Onidel may extend this period depending on the specific
product.
- All services are set to auto-renew by default. Onidel will first attempt to use the Customer's account credit to
process the renewal on the renewal date. Account credit will only be applied if it is sufficient to cover the full
payment. If account credit cannot be used, any saved payment methods will be charged instead. If no payment is
successful within 24 hours after the renewal date, the Customer will be responsible for making a manual payment to
keep the service(s) active.
- If the product page indicates that Customer's service is in a "Suspended" state, there is a high likelihood that
Customer's data is still intact. However, if Customer's service(s) is marked as "Terminated" or disappeared,
Customer's data and service(s) are likely no longer available.
- It is Customer's responsibility to cancel the service(s) through the control panel before the service due date.
Failure to do so may result in the payment method on file being charged or the invoice not being properly canceled.
Network Restrictions
We do not guarantee that any IP address provided with the Service will function with, or be accepted by, third-party
services, platforms, or networks that impose access restrictions, filtering, blocking, geolocation limitations,
reputation-based controls, or other technical or policy-based limitations. Such restrictions are outside the control of
Onidel.
Additionally, Onidel does not guarantee that the Services will be reachable or fully functional from networks that
implement significant censorship, filtering, firewalling, or other access controls imposed by governments, internet
service providers, or organizational network administrators. Connectivity limitations originating from the Customer's
local network environment or jurisdiction are not the responsibility of the Service Provider.
The Customer is responsible for verifying that our Services can be accessed and used within the network environments in
which they intend to operate. Inability to access or use Onidel Services due to network restrictions, censorship,
filtering, or other limitations imposed by third parties or the Customer's network environment do not constitute a
service defect and are not a valid reason for a refund.
Content of Information
The Customer agrees to use the Onidel services and products in accordance with the Acceptable Usage Policy and to comply
with all reasonable directions and instructions provided by Onidel regarding service use. The Customer also agrees to
abide by all relevant laws in their state or territory related to internet use.
Onidel respects the Customer's privacy and does not generally monitor or control the content accessed or provided via
the Onidel services. However, if Onidel becomes aware of a breach of the Acceptable Usage Policy, it reserves the right
to take immediate action, including:
- Removing any web pages provided by or to the Customer without notice.
- Terminating or suspending the provision of Onidel services to the Customer.
- Providing a copy of the infringing material to any legally empowered authority.
The Customer acknowledges that Onidel may access the Customer's data, and while Onidel typically respects privacy, in
certain cases - such as resource allocation or system checks - Onidel may examine data content. The Customer agrees that
in these cases, Onidel will not be held liable for any alleged breach of confidentiality or privacy.
Acceptable Usage
These Terms and Conditions include and incorporate the Onidel AUP available HERE.
Multiple Accounts
Multiple accounts are permitted, provided they are not used for the following purposes:
- Reusing a one-per-account promotion code
- Engaging in fraudulent activities
- Evading account closure or bans
If you are found to be in violation of this policy, we reserve the right to close any duplicate accounts without issuing
a refund.
Additionally, the information on all your accounts must be consistent (e.g., full name, address, phone number). If
inconsistencies are found, we will contact you to request that the information be updated.
IP Change
You may request to change the IP address associated with your service. There is a one time $3 USD fee associated with
it.
Service Transfers
A $10 USD transfer fee applies if you wish to move your service to another client account. This fee covers the
administrative work involved in the transfer process.
Any other methods of service or account ownership transfers are strictly prohibited and will result in immediate
termination without refunds of existing services. We require Customer to notify us via Ticket in advance before any
ownership of account or service takes place.
Location Transfers
Transfer of services between different Onidel locations is generally not supported. However, the service may be refunded
as account credits if the Customer opened a support ticket shortly after the service was created. Then the Customer may
decide to repurchase the service in a different location.
Sending Emails
By default, we block port 25 and disable email sending across our infrastructure.
Customer may request for their port to be unblocked after opening a Ticket and explaining the intended purpose. Once the
port is unblocked on the VM, the Customer is entirely responsible for ensuring no spam emails are being sent from
Onidel's network and they must adhere to all relevant policies of this Terms of Service document.
If we determine you are intentionally sending spam, we reserve the right to charge a $25 USD fee for IP cleaning.
Abuse
If we receive an abuse complaint regarding your service, you are required to respond within 24 hours. Failure to do so
may result in your service being suspended, and if unaddressed for 7 days, it may be terminated. In cases of repeated
abuse or intentional acts that could harm our infrastructure, we may take immediate action. For instances of email
spamming or other malicious activities, we may impose a fee, such as a $25 USD IP cleaning fee, to cover the
administrative work required to remove your IP address from spam databases.
Engaging in any illegal activity, or any activity that could negatively impact our infrastructure or damage the
reputation of our services and IP ranges, is strictly prohibited.
Prohibited activities include, but are not limited to:
- Unauthorized Port Scanning, Brute Forcing or Vulnerability Scanning
- Malware Distribution or Control Servers
- DDoS or DoS Attacks
- Phishing Attacks
- IP Spoofing
- Sending Email Spam
- Distributing Copyrighted Content
- Distributing or Using Pirated Software
- Hosting any content deemed "offensive" in our Acceptable Use Policy
- Hosting Public VPNs, Proxies or Exit Relays - unless Onidel's AUP is enforced onto end users
Our fair use conditions for resources within our services are detailed in the Acceptable Use Policy.
We adhere to the laws of Australia and the laws applicable in the country where your server is located. For example, if
your server is based in Singapore, you must comply with both Singapore and Australia laws. It is your responsibility to
ensure that all activities on your services are fully legal.
Copyrighted content is strictly prohibited on our services. We will take action if we receive repeated copyright
complaints, and we do not ignore DMCA requests, which are typically treated as copyright infringement notifications.
Disclaimer
Onidel will strive to provide the best possible service to the Customer. However, periodic maintenance of the Onidel
services is necessary, and during these times, service may be temporarily unavailable. Onidel will make every effort to
minimise downtime and, whenever possible, schedule maintenance at times that are least likely to inconvenience the
Customer.
Given these factors, Onidel cannot guarantee or warrant the availability of its services at all times, nor can it
guarantee performance features or compatibility with any cooperating email networks or connected internet services.
If Onidel suspects that the Customer is in breach of these Terms and Conditions, it reserves the right to access the
Customer's data to investigate the potential breach.
Indemnity
The Customer indemnifies and holds Onidel harmless against any damages arising from claims brought by the Customer or
any other person against Onidel due to the Customer's use of Onidel services, the Customer's negligence, or the
Customer's breach of this agreement.
Except as otherwise provided by legislation, the Customer acknowledges that Onidel is not liable for any loss or damage
the Customer may suffer as a result of using Onidel services or from Onidel's inability to provide those services.
Specifically, Onidel accepts no liability for any loss of business, personal inconvenience, or any other damages arising
from or alleged to have arisen from the loss or non-provision of services to the Customer or any third party.
We expressly exclude any implied warranties from this agreement. If legislation requires us to provide a warranty for
our services, the Customer agrees that our liability for any breach of such warranty is limited to:
- Resupplying the Onidel service, or
- Covering the cost of having the Onidel service resupplied.
Protection of Data and the Need for Backing Up
Onidel advises that while we will make every effort to preserve the integrity of your data, we are NOT liable for any
loss or damage to your data. We strongly recommend that you create and maintain independent backup copies of all data
stored or accessed through the Onidel services.
Our Right of Termination
Onidel reserves the right to immediately terminate this agreement without prior notice to the Customer if:
- It is discovered that the Customer has breached this agreement.
- The Customer becomes bankrupt, enters liquidation, or has a receiver appointed over their assets.
- Any account payable by the Customer remains unpaid for more than seven (7) days.
- Any other reasonable cause, as determined at Onidel's sole discretion.
In addition to our right to terminate, we may suspend the Customer’s account without notice if it becomes overdue.
Should we choose to reconnect the account - which we are not obligated to do - the Customer will be required to pay the
applicable reconnection fee.
Privacy
These Terms and Conditions include and incorporate the Onidel privacy policy available HERE.
Complaints
If you have a complaint or issue with our service, we encourage you to contact us. We will acknowledge your message
within 3 working days of receipt and will make every reasonable effort to respond to your concerns within 7 working
days. Our goal is to resolve your complaint as quickly as possible. If you are not satisfied with our proposed
resolution, please let us know. We are open to further discussion and can advise you on third-party resolution options
that may be available to you, depending on the situation.
You can reach out to us via support ticket or via [email protected].
