LAST MODIFIED: DEC 1 2015 MELBOURNE, AUS

 

Definitions

Next Level SMF refers to the company owned by Jade Trainor with the ABN: 64 414 362 201.

Simple Machines refers to the Simple Machines NPO.

Simple Machines Forum (SMF, Forum) refers to the forum software released by Simple Machines NPO.

Update refers to patch releases that can be installed through the package manager. These are not new versions of SMF.

Upgrade refers to new versions of SMF that must be uploaded over the existing install and installed via browser to work.

Plan refers to the services offered to a client for a fee and the resulting accounts and website.

Set Up Period refers to a period of up to 30 days after purchasing a plan with us.

On The Day refers to a period of up to 48 hours after which an update for SMF is released by Simple Machines.

Automatic Updates are updates which are applied and installed automatically for admins. The correct amount of access is required for this (FTP, Forum Admin).

Check Up / Maintenance Check Up refers to a series of checks to ensure your forum is running smoothly.

Error Log refers to the forum error log unless otherwise states as the Server Error log, which can be found in cPanel.

Forum Admin Account (Admin Account) refers to an account on the forum with admin status.

Control Panel refers to cPanel.

Default Theme is the “Curve” theme that comes with SMF unless otherwise stated as the Forum Default Theme which is the theme the forum uses by default.

Mod is a zip file which contains code that modifies SMF, that can be installed via the package manager.

Theme is a zip file that contains new templates, graphics, and styling, that can be installed via the themes interface.

Manual Install occurs when errors happen when installing a mod which require the code to be applied manually. One manual install is equal to having a mod installed on the default theme and one other custom theme.

Unincluded Features are features that are not included in a plan and must be purchased separately.

Unincluded Extras are features that are included in a plan but have been used up, and to get “extra” you must purchase them separately.

BYO Domain is a domain name that is your responsibility to register, renew, and otherwise manage and maintain.

Domain Name that’s purchased here will be registered, renewed, managed and maintained by Next Level SMF. Domain name registration requires personal details such as a name and address to point it towards the right owner.

Website refers to one domain name and the content attached to it. Each website is intended to hold one SMF forum.

Level / Forum Level refers to reward levels which are only available for new forums, or forums who have been on a plan for 6 months. See Level Up section for details.

Level Up! Refers to both the level up rewards, and to striving to reach the next forum level and reap the rewards.

My Account / Helpdesk / Ticket refer to the support help desk in the my account area (https://MyAccount.NextLevelSMF.com) where support tickets can be created.

AUD is the legal currency used in Australia.

USD is the legal currency used in America and is subject to the exchange rate.

 

Agreement

  1. By purchasing one or more of our services you agree to this Terms of Service in all of its entirety.
  2. Next Level SMF reserves the right to modify this agreement at any time without notice or warning, but will make reasonable attempts to warn existing clients of extensive changes.

 

Pricing and Payments

  1. All prices are in AUD and then converted to USD. If a coupon is used it will be applied to the AUD price and then converted to USD, it will not be applied to the USD price.
  2. USD prices will change and fluctuate based on the exchange rate, therefore all USD prices are estimates.
  3. All payments are made via Paypal.com using subscriptions.
  4. No refunds will be given after mods and themes have been installed as part of the Set Up Period.
  5. Chargebacks will result in early and immediate termination.

 

Access

  1. Next Level SMF will have its own private forum admin account, control panel account, and FTP account to ensure the correct level of access to each forum for support, maintenance, and automatic updates.
  2. Next Level SMF will never access your data without a request via ticket from yourself, or without opening a ticket afterwards to notify the client of changes such as error log fixes, automatic updates, and other maintenance or security concerns, unless the client specifies otherwise (see Privacy).
  3. Next Level SMF will generate its own high security password which is unique for each client and not stored or saved online unless asked to use a specific password (not recommended).
  4. You are responsible for your personal usernames and passwords which grant you access to the My Account area and your Control Panel, FTP, Forum Admin Account, and Database.

 

Privacy

  1. Next Level SMF will never give out personal, account, or other details without your consent or in the event they are necessary to share with a third party for legal reasons.
  2. As with all websites we record details such as IP, user agents, and so forth in our logs and databases. None of this information is personally identifiable and is used for statistics and security purposes.
  3. Next Level SMF has the right to access and modify your data for service, support, and security purposes. Please refer to the Access portion of this Terms of Service.

 

Hosting and Management Plans

  1. Next Level SMF hosting plans are intended to host one forum per plan. To host more than one forum please open a support ticket with sales for details and deals, such as getting the second forum at no additional cost until it reaches level 1.
  2. Next Level SMF management plans are intended to cover one forum per plan. To cover more than one forum please open a support ticket with sales for details and deals.
  3. Unincluded features in the Hard Way Plan must be purchased separately.
  4. Unincluded Extras for The Easy Way and The Easier Way Plans must be purchased separately.
  5. You are responsible for your own personal usernames and passwords regarding your account.
  6. Next Level SMF is not responsible for any loss, damage, or unauthorised access of data, and although backups are made (hosting plans only) it is advisable that you make your own backups.

 

Upgrades, Downgrades, Cancellations, Suspensions and Termination

  1. Plans can be upgraded or downgraded or otherwise customised/changed via opening a Sales/Billing ticket in the My Account area.
  2. Chargebacks, hard adult content, pirated content and breaches of these terms in general can result in suspension or eventual termination of your plan at the discretion of Next Level SMF.
  3. Suspensions and terminations are at the loss of the client and no refunds will be given.
  4. Next Level SMF reserves the right to suspend or terminate an account if necessary to preserve the safety, reputation, or service of itself, its clients, and visitors to the client’s websites.
  5. Cancellations occur at the end of the billing cycle unless otherwise directed by the client, and no refunds will be given in the case of early cancellations.

 

Communication

  1. Next Level SMF reserves the right to open a ticket on your behalf (resulting in an email notification) and to email you regarding deals, updates, issues, etc. This is not spam or unsolicited email.
  2. Support should be requested and responded to via the My Account area.
  3. All communication should be friendly and never aggressive, hostile, or otherwise unfriendly.

 

Support

  1. Next Level SMF generally responds to support requests within the hour, or by the next business day according to the time in Melbourne, Australia.
  2. Support is ONLY guaranteed when it is lodged via ticket in the My Account area.
  3. All clients are equal and support will be answered in the order it was lodged or last responded to (by queue) except in the case of emergencies which will be dealt with first.
  4. Emergency/Critical support is guaranteed within the hour 24/7.
  5. General support is guaranteed between the hours of 9am and 5pm on Monday through Friday, except on Public Holidays, as based on the time in Melbourne, Australia. Weekend support times vary.

 

Disclaimers

  1. Next Level SMF has the right to refuse a support request at its discretion. This includes manual installs, small tweaks, error log fixes, and other features included in plans. Requests may be refused due to many reasons, not limited to causing stress on the server, security reasons, impossibility to fix without extensive work, the size or scope being outside a reasonable request, etc.
  2. Under no circumstances, including negligence, shall Next Level SMF, its officers, agents or anyone else be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use our service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to our records, programs or services. This applies to all services and content on the servers.
  3. You agree that you shall defend, indemnify, save and hold Next Level SMF and its owners/employees harmless from any demands, liabilities, losses, costs and claims, including reasonable attorney’s fees, (“Liabilities”) asserted against the company, its agents, its clients, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by the client, its agents, employees or assigns.
  4. You agree to defend, indemnify and hold harmless Next Level SMF against Liabilities due to:
    1. Injuries to person or property caused by any products sold or otherwise distributed in connection with our servers.
    2. Any material supplied by the client infringing or allegedly infringing on the proprietary rights of a third party (copyright infringement).
    3. Any defective product or service which client sold through our services.