These terms apply to you as a user of the Service ("Customer", "Client" or "you"). Webtech I.T. Solutions Pty
Ltd ("Webtech" or "We") agrees to provide, and you agree to receive, access to the Web Hosting and related
Services according to the following Terms and Conditions. Please read these terms and conditions carefully.
1. GENERAL
1.1. You are the person or entity who is applying or who is receiving Web Hosting Services from Webtech.
1.2. You will use the Web Hosting Services in a manner consistent with any and all applicable laws of the
State of New South Wales and the Australian Federal Government.
1.3. Use of any information obtained by way of Webtech is at your own risk, and Webtech holds no liability
for such use.
1.4. Webtech is not responsible for any damages arising from your use of Webtech Hosting services or by your
inability to use the Web Hosting services for any reason.
1.5. You are solely responsible for maintaining data, file, and directory structure backups.
1.6. You, as the customer of Webtech, are required to provide Webtech with correct and up to date contact
details for billing and technical notification purposes. Webtech takes no responsibility for disruption
to services due to inability to contact the customer.
1.7 Webalizer usage statistics are available.
2. CUSTOMER WARRANTIES AND INDEMNITIES
2.1 You warrant that:
(a) 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 Webtech for any breach of this agreement by the Customer;
(b) 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;
(c) you will conduct such tests and computer virus scanning as may be necessary to ensure that data uploaded
by you onto or downloaded by you from the Server does not contain any computer virus and will not in any
way, corrupt the data or systems of any person;
(d) you will keep secure any passwords used with the Service; and,
(e) you hold and will continue to hold the copyright in the Customer Data or that you are licensed and will
continue to be licensed to use the Customer Data.
2.2 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.
2.3 You indemnify us against all costs, expenses, loss or liability that we may suffer (directly or
indirectly) resulting from:
(a) your breach of these terms;
(b) your use or misuse of the Service;
(c) the use or misuse of the Service by any person using your account; and,
(d) publication of defamatory, offensive or otherwise unlawful material on any web site forming part of your
service.
3. WEBTECH'S WARRANTIES AND LIABILITIES
3.1 We accept liability for the supply of the Services but only to the extent provided in this clause 3.
3.2 We do not warrant that:
(a) the services provided under this agreement will be uninterrupted or error free;
(b) the services will meet your requirements, other than as expressly set out in this agreement; or
(c) the Services will be free from external intruders (hackers), virus or worm attack, denial of service attack,
or other persons having unauthorised access to the services or systems of Webtech.
3.3 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.
3.4 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.
3.5 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.
3.6 Other than liability accepted by us in clause 3.3, our total liability for loss or damage of any kind not
excluded by clause 3.5, 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.
4. PAYMENT
4.1. Client agrees to a once off set up fee and a Quarterly Payment as agreed (dependant on size of hosting
allocation) for Web Hosting Services. Excess data transfers will be charged at $0.08 inc GST per megabyte.
In addition setup fees may be charged for additional services supplied by Webtech.
4.2. Payment can be by cheque or money order and in accordance with the terms on the Webtech invoice which will
be forwarded to you by email, fax, or postal mail.
4.3. The Client will receive an invoice for renewal of Quarterly Payment no less than one (1) week prior to
renewal date of Quarterly Payment.
4.4. A late charge of $10 will be applied after 14 days from the due date of any late Quarterly Payment. If
payment is not received by Webtech within 28 days of the due date, Webtech has the option of suspending or
terminating the Client’s Web Hosting Services.
4.5. Webtech reserves the right, in its sole discretion, to deactivate the Clients Web Hosting account(s) upon
an indication of credit problems including delinquent payments.
5. CHANGE
5.1. Webtech reserves the right to modify these Terms and Conditions in any way and as required. Notice of such
changes will be delivered to users via postings on Webtech’s public Web Site. A link to these Terms and
Condiditions will also be provided on each invoice. Continued usage of Web Hosting Services indicates your
acceptance of the Terms and Conditions in their amended form.
5.2 These terms constitute the agreement in its entirety and supersede prior agreements.
6. TRADEMARKS AND COPYRIGHTS
6.1. Client warrants that it has the right to use the applicable trademarks of Client, and grants to Webtech
the rights to use such trademarks, if any, in connection with Webtech’s promotion of, referencing of,
cataloging of, or indexing of Webtech’s Web Hosting clients.
6.2. Client hereby agrees that any material submitted for publication on Webtech through Web Hosting Services
received by the Client will not violate or infringe any copyright, trademark, patent, statutory, common
law or proprietary rights of others, or contain anything libelous or harmful.
7. HARDWARE, EQUIPMENT, AND SOFTWARE
7.1. Client is responsible for and must provide all telephone, computer, hardware and software equipment and
services necessary to access the Web Hosting Services. Webtech makes no representations, warranties, or
assurances that Client’s equipment will be compatible with Webtech’s Services.
8. INTERNET ETIQUETTE
Webtech reserves the right to suspend or terminate websites engaged in the following activities.
8.1. Users of Internet and electronic forums should be considerate of the expectation and sensitivities of
others on the network when posting material for electronic distribution. The network resources may not
be used to impersonate another person or misrepresent authorisation to act on behalf of others or Webtech.
All messages transmitted via Webtech’s service should correctly identify the sender; users may not alter
the attribution of origin in electronic mail messages or postings. Users must not attempt to undermine the
security or integrity of computing systems or networks and must not attempt to gain unauthorised access.
8.2. Due to the public nature of the Internet, all information should be considered publicly accessible, and
important or private information should be treated carefully. Webtech is not liable for protection or
privacy of electronic mail or other information transferred throughout the Internet or any other network
Webtech or its customers may utilise.
8.3. Use of distribution lists via unsolicited electronic mail or other electronic mailings is strictly
prohibited. Webtech reserves the right to deactivate the Client’s Web Hosting account(s) upon any
indication of such activity. Client hereby agrees to indemnify and hold harmless Webtech from any claim
resulting form the Client’s or another party’s use of electronic mail service(s) on the Clients Web Hosting
account(s).
8.4. Obscene Speech or Materials -- Webtech will immediately terminate a website using Webtech's network to
advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech
or material.
8.5. Defamatory or Abusive Language -- Using the Webtech network as a means to transmit or post defamatory,
harassing, abusive, or threatening language.
8.6. Other Illegal Activities -- Engaging in activities that are determined to be illegal, including advertising,
transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit
cards, and pirating software.
8.7. Other Activities -- Engaging in activities, whether lawful or unlawful, that Webtech determines to be
harmful to its subscribers, operations, reputation, goodwill, or customer relations.
9. TERMINATION
9.1. Client may cancel the Web Hosting Services upon the conditions that requests for cancellation must be made
in writing with 30 days prior notice and sent to Webtech. Cancellation will not take effect until received.
The used pro-rata time portion of Quarterly Payment that has been made is not refundable unless cancellation
is requested in the first thirty (30) days. Setup fees are not refundable, unless cancellation is requested
in the first thirty (30) days.
9.2. Webtech reserves the right to suspend Web Hosting Services without notice for any unpaid or partially paid
balances. The Client is responsible for any legal fees incurred for the collection of any unpaid amounts.
9.3. Refunds will only be granted if cancellation occurs within the first 30 days of service provision. Only the
unused pro-rata time portion of the quarterly payment that has been made will be refunded in this instance.
If cancellation occurs after the first 30 days of service provision, no refunds will be granted.
9.4. Spamming (the practice of sending unsolicited, unwelcome mass mailings to people) is strictly prohibited.
Any Client found to be Spamming will have their Web Hosting Services immediately terminated and find
themselves billed for any unpaid balances as well as for any damages that occur as a result of it.
10. SATISFACTION GUARANTEE
10.1. Client may terminate services within the first thirty (30) days from activation of the hosting account and
receive a full refund.
10.2. Refunds will only be granted if cancellation occurs within the first 30 days of service provision. Only the
unused pro-rata time portion of the annual payment that has been made will be refunded in this instance. If
cancellation occurs after the first 30 days of service provision, no refunds will be granted.
11. ACCOUNT LIMITS & ACCEPTABLE USE POLICY
11.1. There is a maximum storage of 40 MB for each email account. After this limit is reached emails will not be
accepted by the server.
11.2. Any web hosting package arising from a special offer shall be monitored for acceptable usage. At Webtech's
discretion, any special offer account which consistently uses more than 2GB traffic per month may be charged
excess fees of $0.0121 inc GST per megabyte. For the purposes of this clause, a special offer account
includes any account quoted as "Disk Usage: Unlimited*" or "Bandwidth: Unlimited*".
END TERMS AND CONDITIONS
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