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These are the standard terms and conditions of supply of the Melbourne IT Ltd trading as RegisterFree web hosting and certain other services offered from time to time
on the Melbourne IT Ltd trading as RegisterFree website at
http://www.registerfree.com/products/onlinesolutions.php
("Services").
Please read these terms and conditions carefully. It is a condition of
your use of the Services that you ("Client" or "you") comply with these
terms and conditions.
1. Terms and Amendment Procedure
1.1 You agree that Melbourne IT Ltd trading as RegisterFree or its third party service
provider ("Supplier") will supply the Services to you on the
terms set out in this agreement.
1.2 This agreement commences on the date listed in the Web
Host Mission Control panel when your order for Services is accepted
by Melbourne IT Ltd trading as RegisterFree.
1.3 We may vary these terms, the amount we charge for any
Service, or the terms of the operation of the Service, at any time
by general notice on a page of the internet referred to on the home
page of our website at http://www.registerfree.com/policies/.
Changes other than price changes will become effective upon
publication of the notice.
Where we vary the prices for Services, we will give at least 30 days
notice of the change by the same means, and the new prices will apply
at the end of that period.
1.4 If you use a Service after publication of any change in
accordance with clause 1.3, your use will constitute acceptance of
the amended terms.
1.5 These terms constitute the agreement in its entirety and
supersede prior agreements.
2. Services
2.1 We will assign you a logon name ('VS number') and password
which will provide you with access to Melbourne IT Ltd trading as RegisterFree Web Host Mission
Control panel (which is used by you to configure various features of
your website/email service). We will provide you with Web and Email
Services as per the Web Host service level you have selected in the
Mission Control panel or join form.
2.2 We will advise you of correct operational procedures via
the Mission Control User Guide at http://www.registerfree.com/help/.
2.3 Scheduled Maintenance - 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 System News (available within the
Mission Control Panel) at least 48 hours in advance of the
maintenance.
2.4 Unscheduled Maintenance - 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.
2.5 Archiving of Data - We will archive your data onto backup
mechanisms 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
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.
2.6 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 client data recovered
from our backups. You must also ensure that all client data files
are accessible at the time that backup is to be carried out which
will be between 4pm and 9am Australian Eastern Standard Time daily.
You acknowledge that client data files which are not accessible to
Melbourne IT Ltd trading as RegisterFree or its Supplier will not be backed up.
2.7 In contracting with Melbourne IT Ltd trading as RegisterFree for the Services, you
acknowledge that you do not obtain any rights to the hardware and
other infrastructure and facilities used by Melbourne IT Ltd trading as RegisterFree or its
Supplier to deliver the Services.
2.8 You must comply with all laws regulations, standards and
codes applicable to your use of the Services. You must promptly
notify Melbourne IT Ltd trading as RegisterFree of any orders or directions issued by a relevant
body which may impact on the delivery of Services.
2.9 You agree to grant a non-exclusive royalty-free licence to
Melbourne IT Ltd trading as RegisterFree and its Supplier to use, transmit, display, adapt and
reproduce the client data in order to fulfil Melbourne IT Ltd trading as RegisterFree's
obligation to provide you with the Services as contemplated by this
agreement.
3. Payment
3.1 You must pay for the Services in accordance with the
prices published by Melbourne IT Ltd trading as RegisterFree on its website (as amended from time
to time in accordance with this agreement).
3.2 You must pay all Service time charges, minimum 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.
3.3 Prices published on Melbourne IT Ltd trading as RegisterFree's website are inclusive
of any government taxes or charges unless otherwise noted.
3.4 In addition you must provide and pay for:-
| 1 |
the installation and use of telephone lines and all other
equipment needed to access the Service; and |
| 2 |
all government taxes, duties and levies (if any) imposed
on either you or us in respect of the Services or any other
service or goods supplied. |
3.5 You must pay all amounts billed in accordance with your
billing option. 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. Billing period is on a
monthly cycle beginning when you register. If you register after the
28th of each month, your billing date becomes the first of the next
month.
3.6 You consent to Melbourne IT Ltd trading as RegisterFree or its Supplier 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 Melbourne IT Ltd trading as RegisterFree 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 if you elect to receive a monthly invoice
rather than use the auto debit billing option you will be charged a
monthly account keeping fee of AUD$3.50.
3.9 The account keeping fee will be charged per customer
account identified with a unique 'vs' number. If a customer has
multiple accounts with Melbourne IT Ltd trading as RegisterFree for the Services, the account
keeping fee will be charged on each account for which monthly
invoices are issued.
3.10 You may cancel the acquisition of any Service from
Melbourne IT Ltd trading as RegisterFree within 3 business days of placing an order for such
Service with Melbourne IT Ltd trading as RegisterFree in accordance with its ordering
procedures. Where you cancel the acquisition of a Service under this
clause 3.10, you will pay a cancellation fee as follows, which
Melbourne IT Ltd trading as RegisterFree may deduct from any payments you have previously paid to
Melbourne IT Ltd trading as RegisterFree in respect of the Services:
- Email Forwarding AU$20
- Web Forwarding AU$20
- Website Builder AU$25
- Any other Service Set Up Fee plus AU$20
3.11 Where you have cancelled the acquisition of any Service
from Melbourne IT Ltd trading as RegisterFree in accordance with clause 3.10, subject to your
payment of the relevant cancellation fee as set out in clause 3.10,
Melbourne IT Ltd trading as RegisterFree will refund you for any other payments you have
previously paid to Melbourne IT Ltd trading as RegisterFree in respect of the Service/s being
cancelled.
4. Warranties and Liabilities
4.1 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
Melbourne IT Ltd trading as RegisterFree or its Supplier. |
4.2 Except as expressly provided to the contrary in this
agreement, all warranties whether express, implied, statutory or
otherwise, relating in any way to the subject matter of this
agreement, are excluded. Where any statute implies any term into this
agreement, and that statute avoids or prohibits provisions in a
contract excluding or modifying the application of or liability under
such a term, then the term will be taken to be included in this
agreement. However, our liability for any breach of the term will, if
permitted by that statute, be limited, at our option, to the resupply
of the services again; or payment of the cost of having the services
supplied again.
4.3 Except as provided under clause 4.2, Melbourne IT Ltd trading as RegisterFree, its
subsidiaries, officers, directors, employees, partners or Supplier
will not be liable to you or any third party for:-
| A |
any special, punitive, incidental, indirect or consequential
damages of any kind; |
| B |
any damages whatsoever, including, without limitation,
those resulting from:
| i |
loss of use, data or profits, on any theory of liability,
arising out of or in connection with the use of or the
inability to use the Services; |
| ii |
the statements or actions of any employee or agent of
Melbourne IT Ltd trading as RegisterFree or its Supplier; |
| iii |
any unauthorised access to or alteration of your website,
transmissions or data; |
| iv |
any information that is sent or received or not sent or
received; |
| v |
any failure to store or loss of data, files or other
content; |
| vi |
your fraudulent, negligent or otherwise unlawful
behaviour; |
| vii |
information, data or other material provided to Melbourne IT Ltd trading as RegisterFree or its Supplier by you or on your behalf, or the use of such
information, data or other material by Melbourne IT Ltd trading as RegisterFree or its
Supplier; |
| viii |
cost, loss or liability (including loss of profit or other
consequential damage) arising from the supply or failure or
delay in supplying the Service; |
| ix |
the content, context or confidentiality of any
communications made using the Service; |
| x |
loss or damage caused by third party software applications
forming part of the Service; |
| xi |
any loss or damage arising out of an unauthorised attack
on or other breach of security of the Services or client data;
or |
| xii |
any Services that are delayed or interrupted. |
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4.4 You warrant that:-
| a |
at the time of entering into this agreement you are not
relying on any representation made by Melbourne IT Ltd trading as RegisterFree or its
Supplier 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; |
| b |
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; |
| c |
you will keep secure any passwords used to upload data to the
Server, or otherwise supplied to you by Melbourne IT Ltd trading as RegisterFree or its
Supplier in relation to the Services; and, |
| d |
you hold and will continue to hold the copyright in the
client data or that you are licensed and will continue to be
licensed to use the client data in the manner contemplated by
this agreement, on terms permitting you to sub-licence the client
data to Melbourne IT Ltd trading as RegisterFree or its Supplier in accordance with your
obligations under this agreement. |
4.5 You accept responsibility for all information and material
you issue over any Service, and indemnify Melbourne IT Ltd trading as RegisterFree and its
Supplier, and hold Melbourne IT Ltd trading as RegisterFree and its Supplier harmless against any
liability in relation to such information and material. In particular
you undertake that you shall not publish or issue any information
which is illegal or defamatory. You also acknowledge that neither
Melbourne IT Ltd trading as RegisterFree nor its Supplier vet or approve any information or
material available through the Service. Melbourne IT Ltd trading as RegisterFree and its Supplier
do not accept any liability for any loss, claim or damages arising
from or relating to information and material made available by you
through the Services, to the full extent permitted by law. You
acknowledge that you make available, access and use such information
and material at your own risk.
4.6 You agree to abide by the Acceptable Use Policy of
Melbourne IT Ltd trading as RegisterFree's Supplier, the Privacy Policy of Melbourne IT Ltd trading as RegisterFree which is
located at http://www.webcentral.com.au/docs/terms/privacy_policy.cgi,
and the Privacy Policy of Melbourne IT Ltd trading as RegisterFree's Supplier which is located at
http://www.webcentral.com.au/docs/terms/terms_conditions.cgi#AUP,
and you agree that the terms of those policies form part of this
agreement between you and Melbourne IT Ltd trading as RegisterFree.
4.7 You acknowledge that you are solely responsible for
dealing with persons who access the client data, and will not refer
complaints or inquiries in relation to such data to Melbourne IT Ltd trading as RegisterFree or
its Supplier.
5. Suspension and Termination of Services
5.1 Melbourne IT Ltd trading as RegisterFree or its Supplier may from time to time without
notice to you suspend the Service or disconnect or deny your access
to the Service:-
| a |
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 |
| b |
if you fail to comply with any provision in this agreement
(including failure to pay charges due), or do, or allow to be
done, anything which in our opinion may have the effect of
jeopardising the operation of the Service, until the breach (if
capable of remedy) is remedied. |
| c |
Notwithstanding any suspension of any Service under this
clause you shall remain liable for all charges due at the
commencement of the suspension period throughout the period
of suspension. |
5.2 Melbourne IT Ltd trading as RegisterFree may without notice to you remove, amend or
alter your data upon being made aware of:-
| a |
any court order, judgment, determination or other finding
of a court or other competent body, that the data is illegal,
defamatory, offensive or in breach of a third party's rights; |
| b |
if directed to do so by the Australian Broadcasting Authority
under a "take down notice", in accordance with the Broadcasting
Services Amendment (Online Services) Act 1999, or |
| c |
an outside party or outside device disrupts or attempts to
disrupt the Services. |
5.3 Melbourne IT Ltd trading as RegisterFree may end its agreement with you and cease
providing Services at any time on 30 days written notice to you. You
may close your account and terminate any Service with Melbourne IT Ltd trading as RegisterFree on
30 days written notice to Melbourne IT Ltd trading as RegisterFree. Where you terminate any
Service with Melbourne IT Ltd trading as RegisterFree under this clause 5.3, Melbourne IT Ltd trading as RegisterFree will
not refund you for any payments previously paid to Melbourne IT Ltd trading as RegisterFree in
respect of the Service/s being terminated. Where the payment terms
for the Service being terminated require monthly payments to be made
to Melbourne IT Ltd trading as RegisterFree, you will be liable to pay Melbourne IT Ltd trading as RegisterFree for such
Service up to and including the termination date for such Service.
This means that you must pay the full monthly fee due for the last
month in which the Services were provided to you by Melbourne IT Ltd trading as RegisterFree or
its Supplier.
5.4 Where Melbourne IT Ltd trading as RegisterFree supplies a Service to you through a
Supplier, Melbourne IT Ltd trading as RegisterFree may terminate and replace such Supplier at any
time without notice to you. Melbourne IT Ltd trading as RegisterFree will, however, endeavour to
replace such Supplier:
a) with no or minimal disruption to the supply of the Services, and
b) on substantially the same terms as are set out in this agreement.
5.5 Where Melbourne IT Ltd trading as RegisterFree is unable to comply with clause 5.4(b),
you may close your account with Melbourne IT Ltd trading as RegisterFree within 30 days of being
notified of the new terms on which Melbourne IT Ltd trading as RegisterFree intends to supply the
relevant Service/s to you. Where you close your account under this
clause 5.5, Melbourne IT Ltd trading as RegisterFree will refund you any fees previously paid by
you for Service/s not received from Melbourne IT Ltd trading as RegisterFree as a result of the
closure of the account on a pro rata basis.
5.6 If your account is closed under this agreement:
a) you must pay all outstanding charges to Melbourne IT Ltd trading as RegisterFree immediately,
b) any licence issued to or by you in relation to the Services will
cease from the date of termination, and
c) Melbourne IT Ltd trading as RegisterFree or its Supplier may delete all client data from any
storage media.
6. E-commerce Services
6.1 Melbourne IT Ltd trading as RegisterFree's E-commerce Services, comprising Store
Builder, provided by Melbourne IT Ltd trading as RegisterFree or its Supplier through iNETstore
Online, iNETstore Studio 2001, Online Payment Proxy Server and all
upgrades and additional products provided by iNETstore and
121Software Pty Limited ("E-commerce Services"), are supplied to you
on the following conditions:-
| a |
Melbourne IT Ltd trading as RegisterFree provides the E-commerce Services software
'as-is' and without warranty of any kind, either express or
implied. |
| b |
Melbourne IT Ltd trading as RegisterFree gives no warranty that:-
| i |
the E-commerce Services will meet your requirements; |
| ii |
the E-commerce Services will be uninterrupted, timely,
secure, or error-free; |
| iii |
the results that may be obtained from the use of the
E-commerce Services will be effective, accurate or reliable;
and |
| iv |
any errors in the E-commerce Services software obtained
from or used through Melbourne IT Ltd trading as RegisterFree's site, or any defects in
the E-commerce Services, will be corrected. |
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| c |
Melbourne IT Ltd trading as RegisterFree and its Supplier will not be liable for acts or
omissions of third party e-commerce payment gateway providers
such as Camtech, NewsConnect SafePay, WorldPay, and any other
provider who may provide those services as part of the E-commerce
Services. You will deal with those providers at your own risk. |
| d |
You accept full responsibility for all online transactions
you originate or execute using the E-commerce Services with or
without credit and/or debit cards. |
| e |
You are responsible for and indemnify Melbourne IT Ltd trading as RegisterFree and its
Supplier in respect of legal obligations you have to end-users
of the E-commerce Services under any legislation, including
without limitation the Privacy Act (Cth) 1998 as amended. |
| f |
Melbourne IT Ltd trading as RegisterFree accepts no responsibility for any cost, loss
or liability (including loss of profit or other consequential
damage) that might arise through your use of the E-commerce
Services. |
| g |
You indemnify Melbourne IT Ltd trading as RegisterFree and its Supplier and hold
Melbourne IT Ltd trading as RegisterFree and its Supplier harmless against any liability in
relation to all transactions undertaken using the E-commerce
Services, including in respect of claims by or in respect of
services provided by payment gateway providers. |
7. SQL Database Services
If you purchase SQL database Services, you agree that you have read and
will be bound by the terms of the SQL Policy and Terms located at
http://www.webcentral.com.au/docs/terms/sql_policy.cgi.
8. Miscellaneous
8.1You grant to Melbourne IT Ltd trading as RegisterFree and its Supplier a license to use
and reproduce all client data in order to fulfil Melbourne IT Ltd trading as RegisterFree's
obligations under this agreement. In this agreement "client data"
means all information, data, text, logos, images, audio, movie clips
and/or content in any form that forms part of the client's websites
or emails.
8.2A 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 Victoria, Australia 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 theprior written consent
of Melbourne IT Ltd trading as RegisterFree.
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