Effective 1 May 2009 QldHosting (ABN 99 467 869 840) 1. Terms and Amendment Procedure Any specific Product Terms for products or services you acquire; 1.2 The agreement made between us on these terms commences on the date listed in the ISP Config or Cpanel Web Hosting Program when your order for Services was accepted by QldHosting and will continue until terminated in accordance with these terms or non payment for services. 1.3 If you have chosen a fixed contract period (a contract period other than a month to month contract) for your Service, your account will be automatically rolled over for a further fixed contract period at the end of the term. You must give us notice before the end of the term if you wish to cancel or alter your Service. 1.4 You must ensure that your contact details in ISP Config or Cpanel Web Hosting Program and Domain Management are current at all times. We will use those contact details to notify you of anything which affects the Services and do not take any responsibility for any loss, damages or expenses you incur if we have been unable to contact you because you have not kept your contact details up-to-date. 1.5 We may vary these terms, the price we charge for any Service (excluding Services supplied under a fixed contract period), or the terms of the operation of the Service, at any time by notice via the ISP Config or Cpanel Web Hosting Program panel, by email or in writing. The changes will become effective upon publication of the notice. Where we vary the prices for Services, we will give at least 14 days notice of the change by the same means, and the new prices will apply at the end of that period. If you use the Service after that publication, your use will constitute an acceptance of the amended terms. 1.6 These terms constitute the agreement in its entirety and supersede prior agreements. 1.7 We may from time to time run promotions and make special offers of limited time duration ("Promotions"). All Promotions are offered subject to their terms and may be withdrawn or altered at QldHosting's discretion. The terms of a promotion will override these terms to the extent of any inconsistency. 2. Service 2.2 We must perform scheduled maintenance to servers from time to time. We will attempt to perform all scheduled maintenance at times which will affect the fewest customers. If scheduled maintenance requires the service to be offline for more than 30 minutes we will post details of the scheduled maintenance to the Web Host System News at least 48 hours in advance of the maintenance. 2.3 We may need to perform unscheduled maintenance. If unscheduled maintenance requires the Service to be offline for more than 30 minutes, we will post details of the event to the Web Host System News after the maintenance has been completed. 2.4 We do not archive your data onto backup mechanisms on a regular basis for the purposes of disaster recovery we rely on raid 5 disc management and keep spare drives and power supplies for our servers close by. In the event of equipment failure or data corruption, we can restore from the last known good archive. In the event of corruption of all of our archives, or in the event that an old archive is used to restore data, you should be prepared to upload your data to your web site. You must maintain a recent copy of your data at your premises at all times. We will not be liable for incomplete, out-of-date, corrupt or otherwise deficient Customer data recovered from our backups. For additional costs we can provide data security and offsite data packages. 2.5 You agree to QldHosting's use of spam and virus filters which may require us to use third party equipment or services to monitor and filter email traffic between our equipment and the Internet. You agree that we will not be liable for any loss or damage resulting from the use of spam or virus filters. 2.6 The Service is provided by QldHosting from its data centres in Australia. QldHosting will determine in its absolute discretion from time to time the data centre location from which your Service is provided. QldHosting reserves the right to migrate your web site to a new operating system platform if our operating system supplier ceases to provide support for the legacy operating system, or if the server from which the service is provided fails or, in QldHosting's opinion becomes unreliable. QldHosting does not take any responsibility for web site failure if you have not checked the operation of your web site post-migration and notified us of any required changes to the web site configuration. 2.7 In contracting with QldHosting for Services, the Customer obtains no rights to the hardware and other infrastructure and facilities used by QldHosting to deliver the Service. 3. Payment 3.2 You must pay all Service charges, traffic and/or storage charges and other amounts incurred by you or any designated users or incurred as a result of any use of your password (whether authorised or not) in accordance with the billing option selected and in advance. Where a billing option does not specify otherwise, all Service charges are payable within 7 days of the date of invoice (whether online or paper invoice). 3.3 Prices published on our web site are inclusive of any government taxes or charges unless otherwise noted, and exclusive of any registration or delegation charges imposed by domain name authorities. 3.4 In addition you must provide and pay for: the installation and use of telephone lines and all other equipment needed to access the Service; and 3.5 You must pay all amounts billed in accordance with your billing option. No credit terms are given to credit card accounts. 3.6 You consent to us obtaining a credit reporting agency report containing personal information about you (as well as information concerning commercial creditworthiness and activities) for the purpose of assessment by us of an application for credit (whether commercial or personal) or for the purpose of the collection of payments which are overdue. 3.7 You agree that you will be charged an account keeping fee of AU$3.50 per month. The account keeping fee will not be charged if you elect to make payment by auto debit credit card. The account keeping fee will be charged per customer account identified with a unique domain name setting. If a customer has multiple accounts with QldHosting, the account keeping fee will be charged on each account for which monthly invoices are issued. 3.8 No refunds will be given for unused portions of payments in advance (excluding rolling fixed period contracts for Services other than domain name registrations) unless the account has been terminated due to QldHosting's breach of these terms and conditions. If you terminate a rolling fixed period contract before the end of its term, you will be charged at the monthly rate for your Service for the period that it is supplied to you. 4. Customer Warranties and Indemnities if you are not the Customer, you have the power and authority to enter into this agreement on behalf of the Customer and will indemnify QldHosting for any breach of this agreement by the Customer; at the time of entering into this agreement you are not relying on any representation made by us which has not been stated expressly in this agreement, or on any descriptions or specifications contained in any other document, including any catalogues or publicity material which we have produced; 4.2 You are solely responsible for dealing with persons who access the Customer Data, and must not refer complaints or inquiries in relation to such data to us. 4.3 You indemnify us against all costs, expenses, loss or liability that we may suffer (directly or indirectly) resulting from: your breach of these terms; 4.4 If your use of our Services involves storage, processing or transmission of or access to any credit cardholder data, you warrant that the tools, programmes, processes and technologies you use to do so comply with the Payment Card Industry Data Security Standard ("PCI Standard") which is available at https://www.pcisecuritystandards.org. If you breach this warranty, QldHosting may terminate this agreement immediately upon written notice to you (which may be delivered by email to the person identified in ISP Config or Cpanel Web Hosting Programas your authorised contact, or by logged job), and without prejudice to any other rights it may have under this agreement or at law. 5. QldHosting's Warranties and Liabilities 5.2 We do not warrant that: the services provided under this agreement will be uninterrupted or error free; In addition to the above, we will endeavour to minimise the risk of such attacks by making available, at an addtional cost, better security software, content filtering, antivirus management and firewalls. Queensland Hosting does not offer any more claims to security than that of the 3rd party provider of those security services. Services can be offered by such companies as Symantec, 5.3 Where the Customer is a Consumer (as that word is defined by the Trade Practices Act), we accept liability where: the Service is not supplied with due care and skill; any material supplied in connection with the Service is not reasonably fit for the purpose for which it was supplied; and we are otherwise required to do so by the Trade Practices Act. 5.4 To the extent that the Service is not of a kind ordinarily acquired for personal, domestic or household use, our liability is limited to, at our option, to the resupply of the services again; or payment of the cost of having the services supplied again. 5.5 Except as expressly provided to the contrary in this agreement, we exclude all liability for indirect and consequential loss or damage of any kind, loss or corruption of data, loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind, in contract, tort (including negligence), under any statute or otherwise arising from or relating in any way to this agreement and/or its subject matter. 5.6 Other than liability accepted by us in clause 5.3, our total liability for loss or damage of any kind not excluded by clause 5.5, however caused, in contract, tort (including negligence), under any statute or otherwise arising from or relating in any way to this agreement is limited in aggregate for any and all claims to $10. 6. Suspension and Termination of Service during any technical failure, modification or maintenance involved in the Service provided that we will use reasonable endeavours to procure the resumption of the Services as soon as reasonably practicable; or 6.2 If your account has been suspended or terminated due to your breach, reactivation of your account will be completely at our discretion. If we agree to reactivate your account, we will require: payment in full of all outstanding amounts; and 6.3 QldHosting reserves the right to refuse to supply services to a potential customer who has previously had its account with QldHosting terminated for breach. In this clause, "potential customer" includes: (if the potential customer is a corporation) its Related Entity or Related Party (as those phrases are defined in the Corporations Law); and any claim or allegation; or 6.5 We may end our agreement with you and cease providing Services (other than Services for a fixed contract period) for any reason, on 30 days written notice to you; with respect to Services for a fixed contract period, the notice will not expire before the end of the fixed contract period. 6.6 You may close your account with QldHosting by providing notice to QldHosting in accordance with the methods set out below. by logged job in ISP Config or Cpanel Web Hosting Program; The closure notice will take effect on the next billing date following the date of your notice. You will be required to pay charges for Services supplied up to the date on which the closure notice takes effect. 6.6 If your account is closed you must pay all outstanding charges immediately and we may delete all Customer Data from any storage media. 6.7 We are under no obligation to provide you with a copy of the Customer Data if we have suspended or terminated your access to the Service for your breach. If we provide you with a copy of Customer Data, we are entitled to charge a fee for service. 7. Domain Names 7.2 You agree that in the event of a dispute about a TLD, you will submit to and are bound by the Uniform Domain Name Dispute Resolution Policy (UDNDRP) and the Rules for UDNDRP. 7.3 If you have requested that QldHosting register, renew or redelegate a .com.au, .id.au, .net.au or .org.au domain name (2LDs or Second Level Domains) on your behalf, you agree that you have read and accept the published policies applicable to 2LDs issued by the registrar, MelbourneIT. 7.4 You agree that in the event of a dispute in registering a 2LD or about a 2LD after registration, you will submit to and are bound by the .au Dispute Resolution Policy (auDRP) and any variations to it from time to time bind QldHosting. 7.5 In registering, renewing or redelegating a domain on your behalf, QldHosting is acting as a reseller of the registrars, Planet Domain. 7.6 You agree that by maintaining the registration of a domain name after changes or modifications to the applicable policies become effective, you are confirming your continued acceptance of these changes and modifications. 7.7 QldHosting makes no representation and gives no warranty about your chosen domain name being available for registration, renewal, redelegation or use by you. 7.8 In respect of 2LDs, you acknowledge that QldHosting is not able to renew your domain name and is not liable for any loss or damage resulting from non-renewal of your domain name if you do not provide any warranty required and confirm to us that the domain name should be renewed. 7.9 QldHosting may NOT renew your domain name where you have unpaid invoices or if you are in breach of any terms of your use of QldHosting's services. 7.10 You expressly authorise and direct QldHosting, if QldHosting is able to do so, to: (a) be nominated as authorised billing contact for your domain name with the domain name registrar; and (b) subject to receipt of your confirmation in respect of 2LDs, renew your domain name registration upon receipt of renewal notification from the domain name registrar and invoice you for the relevant charge in accordance with QldHosting's list price from time to time. 7.11 If you close your account with QldHosting but do not remove QldHosting as the reseller of your domain name with the domain name registrar, you agree that we may contact you after account closure to remind you of domain name renewals and to provide marketing material in respect of our services. 7.12 You indemnify QldHosting against all claims arising out of your registration and use and renewal of registration of your chosen domain name, unless and to the extent that the claim arises out of QldHosting's breach of this contract, or its negligent act or omission. 8. Miscellaneous 8.1 The Customer grants to QldHosting a license to use and reproduce all Customer Data in order to fulfil its obligations under this agreement. In this agreement "Customer Data" means all information, data, text, logos, images, audio, movie clips and/or content in any form that forms part of the Customer's web sites or emails. 8.2 A provision of, or a right created under this agreement, may not be waived except in writing signed by the party granting the waiver, or varied except in writing signed by the parties. 8.3 The law in force in Queensland governs this agreement and the transactions contemplated by this agreement. 8.4 You may not resell Services or assign your rights and obligations under this agreement without our prior written consent. © QldHosting |
|---|