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Terms & Conditions
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Aussie Site Seeing Hosting Terms & Conditions of
Service
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TERMS AND CONDITIONS OF SERVICE
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BETWEEN You
AND Aussie Site Seeing
By having Your website hosted by Aussie
Site Seeing, You agree to the following Terms
and Conditions of Service.
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RECITALS
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This is a legal agreement between You and Aussie Site Seeing.
The terms and conditions outlined below are designed to protect and benefit
all clients. In particular, the terms and conditions attempt to ensure that the
Servers are used only for legal and appropriate purposes, and that no client
uses an "unfair" proportion of system resources.
Before placing Your website on Servers operated by Aussie Site Seeing, You must read
the Agreement and accept its terms and conditions.
If You do not wish to be bound by the terms and conditions of the Agreement,
You MUST NOT place a website, or any part of a website, on Servers operated by
Aussie Site Seeing.
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DEFINITIONS
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"Agreement" means these Terms and Conditions of Service.
"Claim" means any action, claim, demand, cost, loss, damage, (whether
special, indirect, consequential, general or any other damage), expense
or other liability (including for death and injury, and the costs of
defending or settling any Claim) whether arising in contract,
negligence or any other tortious action.
"Client" means any person to whom Aussie Site Seeing provides the Service.
"domain parking" means one or more domain names pointing to Your website, or
any part of it.
"Force Majeure" means circumstances beyond the control of a party which
includes (but is not limited to) acts of God, perils of the sea or air,
fire, flood, drought, explosion, sabotage, accident, embargo, riot,
civil commotion or civil authority, including acts of local government
and parliamentary authority, materials, breakdown of equipment and
labour disputes of whatever nature and for whatever cause arising
including (but without prejudice to the generality of the foregoing)
work to rule, overtime bars, strikes and lockouts and whether between
either of the parties hereto and any or all of its employees and/or any
other employer and any or all of its employees and/or between any two
or more groups of employees (and whether of either of the parties
hereto or any other employer), acts of war (declared or undeclared) or
terrorism.
"Aussie Site Seeing", "we", "our" and "us" means Aussie
Site Seeing (BN18568865)
"person" includes an individual, a body corporate, office, commission,
authority, committee, tribunal, board, institute, organization or other
body however described.
"Servers" means all Servers owned or operated by Aussie Site Seeing, and which You may
access or use, pursuant to the Agreement or otherwise, as a result of Aussie
Site Seeing
providing the Service.
"Service" means the hosting of Your website and related services on Servers
operated by Aussie Site Seeing, including access to Your website by You or any other
person.
"website" includes all aspects of the Service (website, mail facilities, FTP
access etc).
"You" and "Your" means the person who agrees with Aussie
Site Seeing to have a website
hosted on Servers operated by Aussie Site Seeing.
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Order Details and Processing
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You acknowledge that Your domain name (the web address of Your site) is
fundamental to the setup of Your site. The domain name cannot be changed. If You
need to change Your site's domain name then You will need to order a new web
hosting account for the new domain and additional charges will apply.
You confirm that the details You have provided to Aussie Site Seeing when ordering Your
web hosting account are complete and correct.
We reserve the right to decline Your order. If Your order is declined then we
will refund Your associated payment (if any) within seven days.
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In submitting your application to use the Service,
you are stating that:
- all of the User Information is current, complete
and accurate in all respects and does not contain any misleading information;
and
- your business is a legitimate Australian
business
- that you are authorised to submit the application
on behalf of your business
- you are over the age of 18 years or, if you are
under 18, you have parental permission to make the application and use the
Service; and
- you will immediately notify Aussie Site Seeing if
any of your User Information changes.
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Conduct
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You must not:
- access the websites of other Clients, other than in the course of ordinary,
legal, business or consumer access;
- hinder the operation of our Servers in any way;
- attempt to access or list any files and/or directories that are not Your
own;
- obtain, or attempt to obtain, any system information unless it is required
to complete ordinary website management tasks.
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Password Security
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You are responsible (and
Aussie Site Seeing is not liable for) any and all use of the Service which is
made using your passwords whether or not use of the Service is made by you
or someone else using your passwords. You are solely responsible for the
security of your passwords and must not allow any other person to use them.
You must keep confidential, all passwords created or used in relation to the
Service.
You must not:
- make any password created or used in connection with the Service, available
to the public or to groups of people;
This
includes POP, FTP and Telnet passwords.
- allow the public or any other groups of people to access any of Your
accounts, other than as agreed by Aussie Site Seeing as this
presents an unacceptable security risk.
- If your passwords are lost or stolen or you believe there has been
unauthorised use of the Service using your passwords then you must notify
Aussie Site Seeing immediately by e-mail.
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Acceptable Content
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Your website must not contain any material, or contain a link to any material
or website, which is unlawful, pornographic, sex-industry-related, sexually
explicit, gambling-related, threatening, hateful, obscene, racist, libelous,
defamatory, highly controversial or which encourages unlawful behaviour.
This includes, any website or web page which contains depictions of nudity,
material relating to hacking or any pirated software.
You must not use the Service for any illegal,
unlawful or injurious purpose or to further any illegal, unlawful or injurious
purpose;
You must not use the Service to propagate,
disseminate or publish information which defames any person, company or other
entity, or which breaches any confidence, or which contains any
inappropriate language, contains language that any likely reader (including but
not limited to the intended recipient) might find offensive, or which contains
comments, statements or language that may be considered discriminatory or
harassing by any likely reader or which contains anything which is obscene,
indecent or otherwise offensive;
You must not use the Service to propagate,
disseminate or publish any information that is protected by intellectual
property laws, laws of privacy or publicity unless you are the owner of those
rights or have all necessary authority to deal with those rights;
If we determine, at our sole discretion, that Your site contains any
unacceptable content, or a link to any unacceptable content, we may cancel Your
Service immediately, and without notice.
If a third party complains to us that Your website includes claims about that
third party that are incorrect, libelous, defamatory or derogatory then we may,
at our discretion, insist that the related website content be removed
permanently from Your site, or we may remove such content ourselves without
notice.
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No Mirroring
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You must not use Your website to mirror any material on any other website
without the written permission of Aussie Site Seeing. Aussie Site Seeing has sole discretion to
determine whether to grant permission to You to mirror another website.
This permission will usually be declined unless the resources required are
minimal.
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No Web Cams
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Your site must not contain any "Web Cam" content.
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Submitting Site Details To Third Parties
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You are welcome to submit Your site details to search engines, directories
and other sites subject to the following restrictions:
- You must not submit the URL (web address) of any Free-For-All Link Page (or
similar page or script) to automatic Free-For-All Link Page submission engines.
If such an engine lists Your script or page and commences submissions to Your
script or page, You must remove the script or page from Your site immediately.
- When providing Your site details to third parties you must specify the
location of Your site using Your domain name only, and not Your site's IP
address. For example, You may tell third parties that the location of Your site
is www.you.com, or You.com, but must not specify the location of Your site using
an IP-based format like: 1.2.3.4/you/ where 1.2.3.4 is Your site's IP address.
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Additional Domains
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You must not use any software or service to point additional domain names at
Your website. This includes subdomains (such as subdomain.Yourdomain.com/) as
well as standard domains (such as www.Yourdomain.com/).
If You require additional domain names to be pointed at Your website, You
must obtain written permission from Aussie Site Seeing. Please contact us if You would
like to obtain permission. If we agree to allow You to point additional domain
names at Your website, a once-off setup fee is payable by You for each
additional domain name parked on Your website.
You must not use the domain parking facility to host two or more different
websites within a single hosting account. The domain parking facility can only
be used when the additional domain name relates to exactly the same site content
as the primary domain.
You must not use any script, software or service to redirect any visitor or
significantly alter site content based on which domain name the visitor is
accessing. For example, You cannot use a script to show visitors to a.com one
set of pages or content, and show visitors to b.com a different set of pages or
content.
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Traffic Allowance
If, at our sole discretion, we decide that Your site has received
more than the allotted amount of traffic in any calendar month then we may, at
our sole discretion, either:
- charge You for all traffic in excess of the allotted amount at a rate of $4.00 per 100MB or part thereof; or
- remove Your website from our Servers immediately without notice.
You acknowledge and agree that Aussie Site Seeing has the sole right
to determine when and where these provisions apply. Due to time
constraints Aussie Site Seeing cannot analyze Your traffic patterns to
determine the precise cause of Your high traffic, but You have access
to Your site statistics and raw web logs so in most cases will be able
to analyze Your traffic patterns Yourself if You so desire. You
acknowledge that Aussie Site Seeing has no obligation to provide You with
justification or data analysis to prove that excess traffic charges
apply or to prove the size of the charges.
If we decide that Your site is likely to incur excess traffic
charges for a given month we may, at our sole discretion, notify You
via email of the estimated excess traffic charges for the month and
insist that You place a deposit with us within 24 hours of our email
message being sent. The amount of the deposit will be equal to our
estimate of the excess traffic charges You will incur for the month. If
such deposit is not made within 24 hours then Your website may be
deactivated without notice.
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Use of Disk Space
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Your disk space is for Your use only. You may not resell or give away disk
space to any third party without written permission from Aussie Site Seeing. You must not
place "demonstration" versions of third party web pages on Your website without
written permission from Aussie Site Seeing. That is, third party web pages must not be
housed within Your site regardless of the reason, unless You have written
permission from Aussie Site Seeing.
Aussie Site Seeing reserves the right to decide whether any pages on your site are in
fact hosted for third parties.
You may not consume disk space with copies of web pages that are
substantially the same. For example, You cannot automatically generate multiple
copies of a single page and place all the copies on Your website.
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Number of Files
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There is a limit to the number of files which can be stored on Your website.
The limit varies depending on which hosting plan You are on. You can have up to
5,000 files on our Hosting Plan 1, up to 10,000 files on our
Hosting Plan 2, and up to 20,000 files on our Hosting Plan 3.
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Large Files
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Sites containing very large files, or lots of large files can consume
an unfair proportion of system resources. All files on Your web site
must be less than 50 MB in size.
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Database Size
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The combined total size of Your MySQL, flat-file and other databases must not
exceed 50 Mb. If more than 50 Mb of disk space is used for these databases, we
may, at our sole discretion, either:
- Charge You for the amount of disk space used in excess of 50MB at the usual
excess disk space prices advertised on our website;
- Insist that the database size be reduced to less than 50 MB within 24 hours;
- Decline to host the database and remove it from our servers. Wherever
feasible at least 24 hours notice will be provided before the database is
removed.
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Virus Scanning
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Aussie Site Seeing scans incoming and outgoing messages for viruses. However Aussie
Site Seeing
does not guarantee that every message will be scanned, or that every virus will
be detected and removed. Additionally, Aussie Site Seeing reserves the right to remove
attachments from incoming and outgoing email messages if there is any indication
that the attachment is, or might be, infected with a virus.
Our virus scanning facilities provide a high level of protection against
viruses but you acknowledge and agree that you are solely responsible for
protecting your property and email accounts from virus threats.
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Backups
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Aussie Site Seeing will backup Your website regularly. These backups are intended to
provide protection in case of any failure with the Service.
Our backup facilities are not intended to enable individual clients to revert
to older versions of files on their sites, but if You require data to be
restored from backup then we can do that for You if we have access to suitable
backup versions of the relevant files, however charges will apply.
Backing up your files is very important.
Please make backups offline on your own in case your account files are lost due
to account termination, any other reasons and/or factors beyond the control of
Aussie Site Seeing.
We strongly encourage You to keep a backup of Your site on Your home or
office computer.
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Site Statistics
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We provide regular statistical reports about traffic to Your website. You
agree that we are entitled to remove historic data from these reports as we see
fit. If You want to keep a full history of the traffic to your site You will
need to save an offline copy of Your reports at least once every three months.
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Mail Services
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All mailboxes are limited to 20 MB in size. You must set Your mail software
to delete each message from the server within three days of downloading it.
Aussie Site Seeing will remove without notice any messages that have been in Your
mailbox(es) for more than 120 days.
If You set Your mail software to check or download messages automatically at
specified intervals, the interval between checking or downloading messages must
be greater than 15 minutes.
Aussie Site Seeing reserves the right to limit the size of messages accepted by our
Servers. That is, messages that are deemed to be too large may be bounced by our
Servers. This size limit is currently set to 10 MB but may be changed by us from
time to time at our sole discretion.
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Mailing Lists
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If You operate at least one email-based mailing list via the Service, the
total number of subscribers to all of Your mailing lists must not exceed 1,000.
The total number of messages sent and received via Your mailing lists in any
week must not exceed 5,000. Please note that these mailing list limits apply on
a per-site basis, not a per-list basis.
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Providing Mail Services for Third Parties
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You must not provide mail services to Your site visitors (or other third
parties) if those mail services use our mail systems to send, receive, store or
access email messages on behalf of Your site's visitors (or other third
parties).
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Spam (Unsolicited Email)
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You must not send unsolicited email messages from a Aussie Site Seeing server.
You must not use an email address or domain name that is hosted by Aussie
Site Seeing
to send unsolicited email messages.
If You breach these conditions we may immediately terminate the Service
without notice.
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Sites Advertised Through SPAM (Unsolicited Email) or
Unsolicited Newsgroup Advertisements
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You must not use Aussie Site Seeing Servers, directly or indirectly, to advertise Your
website in any unsolicited email, or an unsolicited newsgroup placement. Such
advertisements are usually considered unethical by the internet community.
If we determine, at our sole discretion, that You are, or have been, in
breach of this clause we may cancel the Service immediately without notice.
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Short Message Service (SMS) Facilities
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If You decide to use our Short Message Service (SMS) facilities then You
acknowledge and agree that:
- Each SMS message sent will cost You one "SMS credit". Your website will be
allocated three free SMS credits. After those credits are used, You will need to
purchase further SMS credits from us, at our prevailing prices, in order to use
the SMS facilities we provide;
- Unless otherwise stated, SMS credits expire after 12 months. That is, from
the date you purchase them, you have 12 months to use them or they will
automatically expire without refund;
- We have the sole right to determine how many SMS credits You have consumed,
and to determine how many SMS credits remain available to You;
- You are solely responsible for ensuring that You have sufficient SMS credits
in Your account to cover the charges for any SMS messages You wish to send;
- SMS messages will not be delivered to You if You do not have sufficient SMS
credits available;
- Our systems will determine whether our over-the-air transmission of each SMS
is successful. If we determine that the message was sent successfully
over-the-air then an SMS credit will be deducted from Your account, whether or
not You actually received the message. This is necessary because it is possible
for an SMS message to leave our network successfully, but fail to reach You due
to problems beyond our control, such as a problem with Your phone or a problem
with Your cellphone or mobile phone service. Given that we incur the expense of
sending each SMS the moment it successfully leaves our network, an SMS credit
will be deducted from Your account in all cases where the message exits our
network successfully;
- We are not responsible in any way, shape or form, for any damage or
inconvenience to You or any other party, as a result of any SMS message failing
to reach its destination (usually Your phone);
- While we strive to maximize the reliability of our SMS service and provide
these services in good faith, we rely on third-party providers for message
delivery and therefore make no guarantee about the reliability or performance of
our SMS services;
- We have a comprehensive worldwide SMS coverage area but make no guarantee
that any particular network will be able to receive messages from our service.
We provide three free SMS credits on each website so that You can determine
whether SMS messages can be sent successfully to Your phone before needing to
purchase SMS credits.
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Resource-Intensive Programs
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If You install and run a resource-intensive program on our Servers we may, at
our sole discretion:
- Charge You an additional monthly amount; or
- Halt and/or prohibit the execution of the program
We do not allow background processes, cron jobs or daemons to be run
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Prohibited Scripts
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We reserve the right to disallow installation and/or execution of any script
if the script contains at least one security fault, programming fault, or is too
resource intensive.
The "Matt's Script Archive" version of "FormMail" (written by Matt Wright) is
banned on our servers because it can be easily exploited by spammers.
Additionally, any scripts which are based on Matt Wright's FormMail code are
banned on our servers. However please note that an alternative, secure, version
of FormMail can be installed easily through our Control Panel. The alternative
version of FormMail is a drop-in replacement for the Matt's Script Archive
version of FormMail so will work with forms written for the Matt's Script
Archive version of FormMail.
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Chat Rooms and IRC
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Chat rooms tend to monopolise system resources and for that reason You must
not install chat rooms, IRC-related software on our Servers.
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Domain Name Registration
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Domain name registration fees are not included in our prices unless we
explicitly state otherwise (for example, as part of a special offer).
If Your domain name has not been registered yet, You will be responsible for
handling the registration process and paying the necessary registration fees to
Your registrar. Aussie Site Seeing will, however, be happy to provide You with the
technical details required to register Your domain name.
If Your domain name has already been registered we will not submit the domain
name transfer request for You, but will provide You with the name server
information You need to arrange the transfer Yourself.
If You require Your domain name to be changed, additional setup fees will be
charged.
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Technical Support
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We will provide technical support in relation to the Service. Please note
that we are generally unable to provide assistance with site content (as opposed
to web hosting) issues including, but not limited to, debugging CGI scripts and
HTML code. All technical support is provided via email and/or our online Support
Request Form at our discretion.
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Notice
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You agree to correspond with Aussie Site Seeing via email or our Support Request Form. If
Aussie Site Seeing needs to contact You for any reason we will do so via email.
You agree to notify us promptly of any changes to Your email address or other
contact details.
Additional Conditions for Specials If You purchase Your account in response to a special offer
advertised by us (such as a discounted web hosting plan), then
additional and/or alternative terms and conditions may apply. Details
of such additional and/or alternative terms and conditions are
disclosed on the relevant pages on our website (that is, on the pages
which outline the details of the special offer You have chosen) and
form part of this Agreement. If the additional and/or alternative terms
and conditions are inconsistent with this document, then the affected
clauses in the additional and/or alternative terms and conditions will
override the conflicting clauses in this document.
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Billing Cycle, Invoices and Payments Hosting - Our hosting billing cycle is monthly in advance
with an additional
one months hosting
fees held as
a deposit. Our
billing cycle starts on the
28th of each month and invoices
are sent out
via email
on
the 14th of
each month.
Your initial
invoice is due
prior to your
account being
created and
will include:- a pro-rata
amount up to the 27th of the
next billing
cycle, the setup
fee and the deposit payment.
- Initial invoice is payable prior to your account being created
- Billing cycle is monthly in advance 28th of the month to the 27th of the following month
- Additional deposit equivelent to one months hosting fee is required in advance
- Set-up fee is required in advance
- A pro-rata amount is included in first invoice if necessary
- Pro-rata amount is calculated on a daily basis from date of account setup to beginning of billing cycle (28th of each month)
- Initial invoice will include a pro-rata
amount up to the 27th of the
next billing
cycle, the setup
fee and the deposit payment.
- Invoices are sent out on the 14th of each month
- Payment is due by the 27th of each month
- Accounts must be terminated by email before the 27th of each month or your deposit is void. An email reply will be sent confirming closure of your account.
- If payment is not received by the 27th of each month, your account will be suspended for a period of 14 days after which your account will be terminated and deposit will be void.
- Suspended accounts will be charged a $20 re-instatement fee in addition to any outstanding amounts.
- Re-instatement of service will only occur where the full amount, including re-instatement fee(s), is paid.
- To reactivate a terminated account initial setup fees will apply in addtition to any outstanding amounts.
- Reactivation of
service will only occur where the full amount, including reactivation fee(s),
is paid.
Design
- A 50% deposit of quoted fee is required before any design work is undertaken
- Full payment is required upon approval of design
Website
- A 50% deposit of quoted design fee is required before any design work is undertaken in addtion to the following:
- Initial invoice is payable prior to your account being created
- Billing cycle is monthly in advance 28th of the month to the 27th of the following month
- Additional deposit equivelent to one months hosting fee is required in advance
- Set-up fee is required in advance
- A pro-rata amount is included in first invoice if necessary
- Pro-rata amount is calculated on a daily basis from date of account setup to beginning of billing cycle (28th of each month)
- Initial invoice will include a pro-rata
amount up to the 27th of the
next billing
cycle, the setup
fee and the deposit payment.
- Invoices are sent out on the 14th of each month
- Payment is due by the 27th of each month
- Accounts must be terminated by email before the 27th of each month or your deposit is void. An email reply will be sent confirming closure of your account.
- If payment is not received by the 27th of each month, your account will be suspended for a period of 14 days after which your account will be terminated and deposit will be void.
- Suspended accounts will be charged a $20 re-instatement fee in addition to any outstanding amounts.
- Re-instatement of service will only occur where the full amount, including re-instatement fee(s), is paid.
- To reactivate a terminated account initial setup fees will apply in addtition to any outstanding amounts.
- Reactivation of
service will only occur where the full amount, including reactivation fee(s),
is paid.
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If You accidentally make an additional and unnecessary payment for our
service, we will credit the additional funds to Your Aussie Site Seeing account. At Your
request, we may consider refunding the additional monies paid by You, but will
deduct from the refund amount any expenses incurred by us, such as clerical
expenses and finance charges.
Generally, all fees are non-refundable with the exception
of the deposit.
The deposit
is refundable
ONLY if you cancel
your hosting service before
the 27th of
the current
billing cycle
month otherwise
you will incur
hosting charges
for the following
month and your
deposit will
be forfeited.
Where you disconnect your Hosting Service before
the 27th of
the current
billing cycle
month, any monthly Plan charges such as
excess fees will be calculated up to the last day of your final Billing Cycle
and deducted
from your deposit. Unused
portion of monthly
hosting fees
is not refundable.
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Prices
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Prices are subject to change without notice. Any change in monthly fees will
apply to Your next hosting period, but will not be payable for Your current
hosting period.
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Site Suspension
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Aussie Site Seeing may, at its sole discretion, deactivate Your website and revoke Your
access to our Servers. For example, Your site may be deactivated for late
payment, or Server abuse. You acknowledge that if Your site is deactivated then
Aussie Site Seeing has no obligation to provide You with a copy of Your site content, or
to restore Your server access to enable You to obtain a copy of Your site
content.
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Cancellation of Service
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You may cancel the Agreement at any time by providing Aussie Site Seeing with written
authorization to close Your web hosting account (the Service). The deposit
is refundable
ONLY if you cancel
your hosting service before
the 27th of
the current
billing cycle
month otherwise
you will incur
hosting charges
for the following
month and your
deposit will
be forfeited.
Where you disconnect your Hosting Service before
the 27th of
the current
billing cycle
month, any monthly Plan charges such as
excess fees will be calculated up to the last day of your final Billing Cycle
and deducted
from your deposit. Unused
portion of monthly
hosting fees
is not refundable.
We reserve the right to cancel the Service for any reason, and at our sole
discretion. If You breach any of the terms and conditions in this Agreement we
may deactivate and/or remove Your website from our Servers immediately and
without notice.
You acknowledge that Aussie Site Seeing does not keep copies of files for web sites
that are no longer hosted with us, and that Aussie Site Seeing has the right to remove all
website files at the time the Service is cancelled or discontinued.
Modifications to Service
Aussie Site Seeing reserves the right to modify or discontinue the
Service (or any part thereof) as we see fit, with or without notice.
You agree that Aussie Site Seeing will not be liable to You or any other party
for such modifications to the Service.
Aussie Site Seeing reserves the right to update these Terms and
Conditions from time to time. Any updates to these Terms and Conditions
will apply to the Service from the time that this Agreement is updated
on the Aussie Site Seeing site.
Continued use of the Service following
Aussie Site Seeing's posting of amended terms and conditions or operating
procedures will constitute your acceptance of the change. If you do not accept
the change then your only recourse is to terminate your use of the Service.
Right to Outsource
At our sole discretion, we may outsource the Services or the
performance of any work, or part thereof, relating to the Services to
any party as we see fit.
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Intellectual Property Rights
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You agree to indemnify, hold harmless and defend at your own
expense us from and against any and all Claims for infringement of
copyright, patents, trade marks, industrial designs or other
intellectual property rights issued under the laws of any country where
the copyright, patents, trade marks, industrial designs or other
intellectual property were provided by you, or where you represented,
expressly or impliedly, that the copyright, patents, trade marks,
industrial designs or other intellectual property were your
intellectual property.
We undertake to give you prompt notice of any Claim described
above that is made against us or any of our subsidiaries, dealers or
customers and you will forthwith defend any such Claims and make
settlements thereof at your own expense.
You acknowledge that any and all of the copyright, patents,
trade marks, industrial designs or other intellectual property rights
used or subsisting in or in connection with our business, marketing
and/or support material relating to our business and all documentation
and manuals relating thereto are and will remain our property and you
will not, during or at any time after the expiry or termination of this
Agreement, in any way question or dispute the ownership by us thereof.
You will not, during or after the expiry or termination of
this Agreement, without the prior written consent of us, use or adopt
any name, trade name, trading style or commercial designation that
includes or is similar to or may be mistaken for the whole or any part
of any trade mark, trade name, trading style or commercial designation
used by us.
Severability
If any part of this Agreement is deemed to be unenforceable or
otherwise invalid then that will not affect the validity nor
enforceability of any other parts of this agreement.
Force Majeure
Neither party will be liable to the other party in respect of
anything which, apart from this provision, may constitute breach of
this Agreement arising by reason of Force Majeure.
Waiver
Failure or neglect by us to enforce, at any time, any of the
provisions of this Agreement will not be construed or deemed to be a
waiver of our rights hereunder nor in any way affect the validity of
the whole or any part of this Agreement or prejudice our rights to take
subsequent action.
Headings
The headings of the terms and conditions contained in this
Agreement are inserted for convenience of reference only and are not
intended to be part of or to affect the meaning or interpretation of
any of the terms and conditions of this Agreement.
Assignment
You may not assign, attempt to assign nor otherwise transfer any
right or obligation arising out of this Agreement without our written
consent.
Limitation of Liability
You indemnify Aussie Site Seeing and its directors, shareholders, employees and
associates in relation to any Claim as a result of:
- The Service;
- Misuse of the Servers by You or any other person;
- Your breach of the Agreement;
- Loss of data;
- Unavailability of Your website to any person; or
- Service interruptions.
If a term is implied into the Agreement by the Trade Practices Act 1974,
Aussie Site Seeing's liability for breach of the term is limited to the supply of the
Service again, or the cost of having the Service supplied again.
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Limitation of Liability
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WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY CLAIM
ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY PRODUCT OR SERVICE
FURNISHED OR TO BE FURNISHED UNDER THIS AGREEMENT OR THE USE THEREOF
(INCLUDING BUT NOT LIMITED TO DAMAGE, LOSS OR CORRUPTION OF DATA,
SERVICE INTERRUPTIONS OR ERRORS, INACCURATE ADVICE PROVIDED TO YOU
AND/OR YOUR CLIENTS, OR LOSS OF PROFIT, BUSINESS, REVENUE, GOODWILL OR
ANTICIPATED SAVINGS), EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH LOSS OR DAMAGE.
THE AGGREGATE LIABILITY OF US FOR ANY CLAIMS HOWSOEVER ARISING
OUT OF OR RELATING TO THIS AGREEMENT OR ANY PRODUCTS OR SERVICES
FURNISHED OR TO BE FURNISHED BY US UNDER THIS AGREEMENT WILL, IN ANY
EVENT, BE ABSOLUTELY LIMITED TO THE AMOUNT PAID BY YOU TO US UNDER THIS
AGREEMENT FOR THE APPLICABLE PRODUCTS AND/OR SERVICES.
YOU ACKNOWLEDGE THAT WE HAVE SET OUR PRICES AND ENTERED INTO
THIS AGREEMENT IN RELIANCE UPON THE LIMITATION OF LIABILITY SET FORTH
IN THIS AGREEMENT, AND THAT THE SAME FORMS AN ESSENTIAL BASIS OF THE
BARGAIN BETWEEN THE PARTIES. THE PARTIES AGREE THAT THE LIMITATION OF
LIABILITY SPECIFIED IN THIS AGREEMENT WILL SURVIVE AND APPLY EVEN IF
ANY LIMITATION OF REMEDIES IS FOUND TO HAVE FAILED OF ITS ESSENTIAL
PURPOSE. NOTWITHSTANDING THE FOREGOING, NOTHING CONTAINED HEREIN WILL
LIMIT YOUR LIABILITY FOR ITS OWN WILFUL OR WANTON CONDUCT.
NOTWITHSTANDING ANY OTHER PROVISIONS CONTAINED HEREIN, WHERE
ANY ACT OF THE AUSTRALIAN PARLIAMENT IMPLIES ANY TERM INTO THIS
AGREEMENT, AND THAT ACT AVOIDS OR PROHIBITS PROVISIONS IN A CONTRACT
EXCLUDING OR MODIFYING SUCH TERM, THAT TERM WILL BE DEEMED TO BE
INCLUDED IN THIS AGREEMENT, BUT OUR LIABILITY FOR BREACH OF THAT TERM
WILL BE LIMITED IN ONE OR MORE OF THE WAYS (AT OUR OPTION) PERMITTED BY
SECTION 68A(1) OF THE TRADE PRACTICES ACT 1974 (CTH).
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Disclaimer
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We make no statement, warranty, representation or promise not expressly set
out in the Agreement, or required by law. We expressly disclaim all warranties,
representations or promises in relation to the Service.
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Aussie Site Seeing respects the privacy of all of
its Users. While Aussie Site Seeing reserves the right to monitor your use of
the Service it will not disclose to any person your User Data; any personal
information which Aussie Site Seeing collects from you or any information about
your use of the Service without your prior permission unless it is directly
related and necessary to enable Aussie Site Seeing to provide services; Aussie
Site Seeing is legally compelled to do so or Aussie Site Seeing believes, in
good faith, that such action is necessary to :
- protect the interests of Aussie Site
Seeing;
- enforce these terms and conditions;
- protect your interests or the interests of other
Users
Aussie Site Seeing reserves the right to use the
information, which it gathers from Users, to assist Aussie Site Seeing in the
development of the Service and other related services. Aussie Site Seeing will
only use your email address for the purpose of informing the User about upgrades
to the Service, additional benefits being made available to Users or
administrative matters concerning the Service.
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The laws of the State of Queensland, Australia
govern the interpretation of these terms and conditions and User's relationship
with Aussie Site Seeing Top
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