Products and Services Terms and Conditions
The
following terms of business apply to any, or all, of the domain name
registration, Website hosting, email, spam and virus protection,
Search Engine Optimisation and Secure Webpage services to be provided
by Integrated Web Solutions Australia, in partnership with NetRegistry, to you from time to time, as well as
any services provided by us under any reseller or ISP agreement
(Services and individually Service). Server means the computer server
equipment operated by us in connection with the provision of the
Services. Website means the area on the Server allocated by NetRegistry to you for use by you as a site on the Internet. Secure
Web Page means the Webpage operated and located on the Server which
allows you to collect credit card details in a means that is difficult
for other people to view the page when it is loaded, because the page
is encrypted, Search Engine Optimisation means any service which is
designed to assist your Web Site gain a higher listing in the Search
Engine results. For the purpose of this document, 'we' and/or
'us' herein refers to the partnership of NetRegistry and Integrated
Web Solutions Australia for the purpose of providing Website hosting,
email, spam and virus protection, Search Engine Optimisation and
Secure Webpage services.
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We
specifically exclude any warranty as to the accuracy or quality of
information received by any person via the Server and in no event
will we be liable for any loss or damage to any data stored on the
Server. You are responsible for maintaining insurance cover in
respect of any loss or damage to data stored on the Server. You
warrant to us that you will only use your assigned Web Site for
lawful purposes. In particular, you further warrant and undertake to
us that: a. you will not, nor will you authorise or permit any other
person to, use the Server in violation of any law or regulation; b.
you will not knowingly or recklessly post, link to or transmit any
material: i. that is unlawful, threatening, abusive, harmful,
malicious, defamatory, violent or teaching violence, obscene,
pornographic, profane or otherwise objectionable in any way; or ii.
containing a virus or other hostile computer program; iii. that
shall constitute or encourage a criminal offence, give rise to civil
liability or that violates or infringes any trade mark, copyright,
other intellectual property rights or similar rights of any person
under the laws of any jurisdiction; and c. you will conform to the
standards made available by us from time to time and will not
yourself, and will ensure that none of your end users, make
excessive or wasteful use of the Server to our detriment or that of
our other customers.
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You are responsible for sending mail in accordance with any relevant
legislation, including but not limited to the Commonwealth Spam Act
(2003) and for sending the same in a secure manner. We will take all
reasonable steps to ensure accurate and prompt routing of messages
but we will not accept any liability for non-receipt or misrouting
or any other failure of email. In the event of deliberate
transmission of unsolicited commercial email (UCE), NetRegistry
and/or Integrated Web
Solutions Australia and/or its supplier of hosting, email Secure Webpage and virus protection services, reserves the right
to terminate services without prior notification.
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You warrant, undertake and agree that:
a. any transactions within your Website which are contracts for the
sale of goods or services will be between you as the merchant and
your end-user customer and you agree that we may include an
exclusion of our liability in respect of such purchases and
transactions in such form as we deem appropriate;
b. the information contained within your Web site will comply with
all applicable law, and codes of practice governing the use of Websites and related services, including, without limitation, those
laws and/or codes of practice governing distance selling and data
protection from time to time in force;
c. you will keep secure any identification, password and other
confidential information relating to your account and you will
notify us immediately of any known or suspected unauthorised use of
your account, or any known or suspected breach of security,
including loss, theft or unauthorised disclosure of your password
information. Notwithstanding such notification you will be liable
for any and all uses of your account (and Web site) notwithstanding
any fraudulent or improper use of your password or any other access
to any of the facilities we offer which is not unauthorised use or
access by us.
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Whilst we shall use reasonable endeavours to ensure the integrity
and security of the Server, we do not guarantee that the Server will
be free from unauthorised users or hackers.
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We
do not warrant whatsoever that our virus protection services will
stop every virus from reaching your computer network. We make no
warranty that the service will be error free or free from
interruption of failure, and the company expressly disclaims any
express or implied warranty regarding system and/or service
availability, accessibility, or performance.
Service Availability
We
shall use reasonable endeavours to provide continuing availability of
the Server and the Services but we shall not, in any event, be liable
for Service interruptions or down time of the Server.
Intellectual Property Rights and other
consents
You
are solely responsible for obtaining any and all necessary
intellectual property rights clearances and/or other consents and
authorisations, including without limitation, clearances and/or
consents in respect of your proposed domain name and merchant services
agreements between you and the relevant financial institutions.
Indemnity
You
agree to indemnify and keep indemnified and hold us harmless from and
against any claim brought against us by a third party resulting from
the provision of Services by us to you and your use of the Server, and
in respect of all losses, costs, actions, proceedings, claims,
damages, expenses (including reasonable legal costs and expenses), or
liabilities, whatsoever suffered and howsoever incurred by us in
consequence of your breach or non-observance of these terms.
Termination
1. We
may terminate this agreement forthwith if you fail to pay any sums due
to us as they fall due.
2. We
may terminate this agreement immediately if you breach any of these
terms and conditions, or if you are a company you go into insolvent
liquidation, or if you are a person you are declared bankrupt.
3. On
termination of this agreement we shall be entitled immediately to
block your Website and to remove all data located on it. We will hold
such data for a period of 14 days and allow you to collect it, at your
expense ($150/hr), failing which we shall be entitled to delete all
such data. We shall further be entitled to post such notice in respect
of the non-availability of your Website as we think fit.
4. If
you wish to terminate your account with us, you must do so by completing the form at
http://www.iwsa.com.au/cancellations.html, otherwise your account will
be automatically renewed for the same subscription period and you will
be liable for, and immediately invoiced upon the commencement of, such
additional subscription period. Specifically, we will not accept verbal
instructions to terminate an account. Submission of the form at
http://www.iwsa.com.au/cancellations.html will provide authority for
Integrated Web Solutions Australia, on your behalf, to complete a Cancellation Form
found at http://www.netregistry.com.au/cancellations.html. This form
will generate an automated email to the email address specified in the
form, and within this email will be a unique tracking number that is
the only proof of cancellation that will be accepted by NetRegistry,
and consequently Integrated Web Solutions Australia.
5. On
receipt of your cancellation request, Integrated Web Solutions
Australia will instigate cancellation of your service/s through NetRegistry, at the first
available opportunity.
6. There
are no refunds or credits, once an invoice is generated, unless an
invoice for a service is generated after a cancellation requested is
submitted.
Payment
1. All
charges payable by you to us for the Services shall be in accordance
with the relevant scale of charges and rates published from time to
time by us on our Website and shall be due and payable within fifteen
(15) days of receipt of our invoice therefore.
2. The
provision by us of the Services is contingent upon our having received
payment in full from you in respect of the relevant Services. Without
prejudice to our other rights and remedies under this agreement, if
any sum payable is not paid on or before the due date, we reserve the
right, forthwith and at our sole discretion, to suspend the provision
of Services to you.
3. If
you fail to make payment within the terms of this agreement, you will
become liable for the cost of collection. This will include interest
on any overdue amount, calculated at the daily rate of 12% per annum,
from the due date of the payment.
Exclusion and
Limitation of Liability
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TO THE FULL
EXTENT PERMITTED BY LAW WE HEREBY EXCLUDE ALL CONDITIONS AND
WARRANTIES NOT EXPRESSLY SET OUT HEREIN. EXCEPT AS SPECIFICALLY
SET FORTH IN ELSEWHERE IN THIS AGREEMENT, WE MAKE OR GIVE NO
EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, THE
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE
PRACTICE, WITH RESPECT TO ANY GOODS OR SERVICES PROVIDED UNDER
OR INCIDENTAL TO THIS AGREEMENT. NO ORAL OR WRITTEN INFORMATION
OR ADVICE GIVEN BY US, OUR RESELLERS, AGENTS, REPRESENTATIVES OR
EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE
SCOPE OF THE EXPRESS WARRANTIES HEREBY GIVEN, AND YOU MAY NOT
RELY ON ANY SUCH INFORMATION OR ADVICE.
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Our total
aggregate liability to you for any claim in contract, tort,
negligence or otherwise arising out of or in connection with the
provision of the Services shall be limited to the charges paid
by you in respect of the Services which are the subject of any
such claim and provided that you notify us of any such claim
within one year of it arising.
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In no event
shall we be liable to you for any loss of business, contracts,
profits or anticipated savings or for any other indirect or
consequential or economic loss whatsoever.
IMPORTANT NOTE:
In the event that
this agreement constitutes a supply of goods or services to a
consumer as defined in the Trade Practices Act 1974 (Cth) or
any other national, State or Territory legislation (the Acts)
nothing contained in this agreement excludes, restricts or modifies
any condition, warranty or other obligation in relation to this
agreement and the goods and you where to do so is unlawful. To the
full extent permitted by law, where the benefit of any such
condition, warranty or other obligation is conferred upon you
pursuant to any of the Acts, our sole liability for breach of any
such condition, warranty or other obligation, including any
consequential loss which you may sustain or incur, shall be limited
(except as otherwise specifically set forth herein) to:
a. in relation to goods
i. the replacement of the goods or the supply of equivalent goods or
payment of the cost of replacing the goods or acquiring equivalent
goods; or
ii. the repair of the goods or payment of the cost of having the
goods repaired; b. in relation to services i. the supplying of the
services again; or
ii. The payment of the cost of having the services supplied again as
in each case we may elect.
Notices
Except where
expressly provided otherwise, any notice to be given by either party
to the other may be sent by either email, fax, post or courier to
the address of the other party as appearing in this agreement or
ancillary application forms or such other address as such party may
from time to time have communicated to the other in writing, and if
sent by email shall unless the contrary is proved be deemed to be
received on the day it was sent or if sent by fax shall be deemed to
be served on receipt of an error free transmission report, or if
sent by post or courier shall be deemed to be served two days
following the date of posting.
Severability
If any clause of
these terms and conditions is held to be invalid or unenforceable in
whole or in part, the invalid or unenforceable wording shall be
deemed to be omitted.
Assignment
The benefit of this
agreement may be assigned by us, but not our obligations to you - to
do that, you agree that we may give notice to you in writing, and
your failure to respond will be deemed acceptance. You may transfer
this agreement provided that you give us notice in the form we
require (setting out the details of the assignee) accompanied by
payment of any transfer fee specified by us. No other method of
transfer by you is permitted.
Change to Terms
on Renewal
We may change the
terms and conditions of this Agreement at any time. Details of our
current terms are available at our website via the following
webpages:
http://www.iwsa.com.au/legals.html,
http://www.iwsa.com.au/legals2.html,
http://www.iwsa.com.au/legals3.html
and
http://www.iwsa.com.au/legals4.html
Entire Agreement
These terms and
conditions constitute the entire agreement between Integrated Web
Solutions Australia and you, and supersede all prior agreements,
understandings and representations whether oral or written. No oral
explanation or oral information given by any party shall alter the
interpretation of these terms and conditions. Except as provided
above, no variation may be made to the contract unless it is in
writing and signed by authorised representatives of you and
Integrated Web Solutions Australia.
Entire
Agreement, Governing Law
This agreement
shall be governed by the laws in force in the state of Queensland.
Both parties hereby submit to the exclusive jurisdiction of the
Courts of that State.
