TERMS & CONDITIONS
These
are the Terms and Conditions of service from
Value
Hosting
Australia for
the supply of its Web Hosting Service ("the service"). These terms
and conditions apply to you ("Client") as a user of the service. It
is intended to ensure that you know your rights and obligations when using the
service. Please read these
terms and conditions carefully. It is a condition of your use of the service
that you comply with these terms and conditions.
From
time to time, we may make amendments to the terms and conditions. Clients may
not be notified of changes. You
must also read and abide by the 'Acceptable
Use Policy'. 1.
Agreement Your
agreement with Value
Hosting
Australia
commences from the time that your
service is added to the servers and/or network and is specified as the
commencement date on your first invoice and continues until either party
terminates the agreement. Upon
termination or expiry of this agreement, we may delete all of your data from
any of our web hosting servers.
We
will provide you with a username and password which will provide access to
your Value
Hosting
Australia web site and utilities.
Value
Hosting
Australia
will not give out or
change passwords except when requested in writing by the Client. Client
will keep secure any and all passwords used to upload and change data.
You
will be charged for your web site hosting services in accordance to the
current price list. 2.
Maintenance From
time to time, we must perform scheduled maintenance to our servers. We will
attempt to perform all scheduled maintenance at times which will affect the
least amount of customers. If scheduled maintenance requires the service to be
offline for more than 30 minutes, 48 hours notice will be given to the contact
email address nominated by the client as being the primary point of contact.
Unscheduled
maintenance may need to be performed. If unscheduled maintenance leaves our
service offline for more than 30 minutes, we will publish details of the event
on our website forum after the maintenance has been completed.
3.
Data Backup and Allocation
We
will backup your data on a regular basis for the purposes of disaster
recovery. In the event of equipment failure or data corruption, we will
restore from the last known good archive. In the event of corruption of all
our archives, or in the event that an old archive is used to restore the data,
you should be prepared to upload your most recent data to your web site. This
process requires that you maintain a recent copy of your data at your premises
at all times. You must not
upload more data than the allocated disk space for your chosen hosting plan. Any
disk space violation will result in your account being disabled until the issue
is resolved. 4. Charges and
Fees You may pay
for the service as agreed. In particular, you must pay hosting charges, excess
data transfer charges and any charges for additional services incurred. Value
Hosting
Australia
may from time to time and without notice suspend the Service if the Client
fails to comply with any part of the agreement including failure to pay
charges due until the breach is remedied.
No
credit terms are given to credit card accounts. Upon registration of a credit
card account, you give us authorisation to debit your credit card for all
charges. Please
note that payment will appear on your statement to 'Multimedia Entertainment'.
You
consent to Value
Hosting
Australia
obtaining credit information for the purpose of
assessing credit worthiness.
4.1
Auto Charge When 'Auto
Charge'
is selected upon web hosting sign up or during your hosting period, you agree for
Value
Hosting
Australia
to automatically charge
your nominated credit card upon renewal. Accounts are renewed 2-3 days before
expiry to avoid credit card processing problems.
Automatically charged fees are:
- Web Hosting Renewals
- Any added extras (eg, Shared or Full SSL Certificates, Additional Mailboxes
etc)
You will receive an email receipt when your Credit Card is charged.
Domain
names will NOT be automatically renewed. Please pay attention to reminder emails
for you to take action.
If you decide to cancel, you must email us with a written confirmation to
cancel your web hosting account before expiry or to stop auto-charging.
5.
Services We
do not warrant that the Services provided under this agreement will be
uninterrupted or error free or that the Services will meet your requirements,
other than as set out in this agreement.
All services and servers are provided "as is". In cases where
additional 3rd party software/scripts are installed on the server at the request of a
client, Value
Hosting
Australia will not be held liable for the stability and reliability of that
installed software component.
6.
Liability Value
Hosting
Australia's
liability for any breach of the term will be limited to the re-supply of the
Services. Value
Hosting
Australia
or parent business is not
liable to you or any other person for any cost, loss or liability including
loss of profit, marketing expense or other consequential damage arising from our supply or
failure or delay in supplying the Service.
Client
warrants that at the time of entering into this agreement, the Client is not
relying on any representation made by us which has not been stated in this
agreement, or any other formal quotation document.
Client
accepts responsibility for all information and material published through the
web hosting service. Client will not publish information which is illegal. Value
Hosting
Australia
does not host "Adult Content" sites.
Client
is responsible for dealing with persons who access the Client data, and must
not refer complaints or inquiries in relation to such data to Value
Hosting
Australia.
Client
will not violate copyright or other intellectual property rights. Client will
not download, reverse engineer, change, pass on, or sell any software residing
on the Value
Hosting
Australia
servers that is not the property of the Client.
7.
Illegal or Deceptive Activity Email
sent through the Value
Hosting
Australia
Email Server will not promote illegal
activities, or pornography. Spam or any annoying, unsolicited messages are not
to be sent through the Value
Hosting
Australia
Network.
Value
Hosting
Australia reserves the right to immediately remove any account containing/transferring content deemed to be illegal or deceptive.
8.
30-Day Money Back Guarantee
30-day
money back guarantee is offered to Client who, if within 30 days of commencing
a service with Value
Hosting
Australia
are able to demonstrate that the services provided by Value
Hosting
Australia
were not consistent with reasonable performance expectations. Refunds
will not be granted for change of mind, or lack of website traffic. Refunds
will not be granted for domain name purchases. Refunds will not be granted if Client realises
Value
Hosting
Australia's facilities are incompatible with Client scripts, languages and databases.
Refunds will not be granted if Client does not make a genuine attempt to configure their website within compatibility of server software and components. Full refunds will be made to Client within 30 days of request to refund and cancel
service. 9. General
These terms and
conditions constitute the entire agreement and supersedes all prior
agreements. This agreement is governed by the laws of Victoria, Australia. Value
Hosting
Australia
is
not responsible for the content of user originated traffic. We exercise no
direct supervision or control whatsoever over the content of the information
passing through our network.
We
do not assume any responsibility for any information not sent or authorised by
us. Value
Hosting
Australia does not provide any consulting services and does not advise
Client on any aspect of conducting an Internet business or web site.
Client
is responsible for use of Clients account. If you permit others to use our
service, you are responsible for making users of the Service aware of this
policy and obtaining compliance.
It
is Client's responsibility to use our service and services in a manner which
does not violate any applicable laws or regulations. Client may not use the
Service to interfere with or disrupt any network users, services or equipment Client
must not use the Service to solicit visitors to become subscribers of Value
Hosting
Australia's
competitors.
| 
