The following terms and conditions (these
"Terms") govern the provision by Flying Haggis
Propriety Limited trading as Web Hosts Australia. ("Company")
of the services and/or products (referred collectively herein
as "Services and Products") described on the Server
Order Form, the Service Level Agreement and Service Exhibit
attached hereto (collectively the "Service Descriptions”)
and defined in any of the Company’s product support
listing, to the customer ("Customer") identified
on the Service Descriptions. The Service Descriptions, these
Terms and the attachments and any addenda hereto, executed
with respect to the Services and Products, are referred
to herein, collectively, as this "Agreement."
By submitting the online order form, Customer
hereby agrees to the following:
- The term of this agreement, and the
provision by the Company of the services hereunder, is
on a periodic basis and renewable on the anniversary of
such period unless cancelled earlier by pursuant to the
express terms of this agreement.
- Customer agrees to pay for hosting
services in advance of each payment term on the billing
date specified in the invoice it receives from the Company.
- Clients on monthly payment plans are
requried to set up an automatic payment facility to arrive
in our account on or before the due date each month
- Customer agrees to be bound by the
service term selected on the online order form or via
applicable promotional codes.
- All set-up fees are non-refundable as are service fees unless covered by the 30 day money back guarantee. Customers shall not be entitled to any refunds, pro-rated or otherwise in the event of early termination of this agreement by the customer or the Company according to the terms herein.
- Server rental charges will be incurred
immediately at signup and are prorated by 3 days to allow
for server provisioning and delivery.
- All payments must be received and in the account of Web Hosts Australia on or before the due date.Should payment not be received by this date the service will be suspended without further notice and will incur a $25 reconnection fee. Once an invoice falls 7 days past due it will be forwarded to a debt collection agency and the customer is liable for any resulting fees from this action.
- Auto renewal of Hostirng plans- All
agreements will be automatically renewed at the end of
the their billing period unless notification of intent
to cancel is received in compliance with our Cancellation
- Cancellation of any and all products and services must be
submitted through your client billing and support area
at least 7 days before the next invoice is due for that
product or service. Failure to do so will require payment
of any and all outstanding invoices before notice of cancellation
will be accepted.
Note - communication of intent to cancel by any other medium will not be accepted in order to protect the integrity of your account.
- In the event of a refund being claimed
under the 30 day money back guarantee if a free domain
name was obtained as part of the sign up the cost of that
will be deducted from the amount of the refund at the
going rate on the ALBA Domains site
- Company is not responsible for data
integrity on equipment reclaimed for non-payment.
- Customer agrees to adhere to the Company's
Acceptable Use Policy, as amended from time to time by
- Customer agrees to adhere to the Company
Data Center Rules and Procedures.
- Company reserves the right to terminate
service immediately to any subscriber it deems, in its
sole discretion, violates any condition of service including
the Acceptable Use Policy, Data Centre Rules and Procedures,
and Terms of Services.
Additionally, in consideration for hosting
services to be delivered, Customer agrees to be bound to
the following terms:
Customer agrees to indemnify and hold harmless
Company and the employees and agents of Company (each an
"Indemnified Party") against any losses, claims,
damages, liabilities, penalties, actions, proceedings or
judgments (collectively, "Losses") to which an
Indemnified Party may become subject and which Losses arise
out of, or relate to this Agreement or Customer’s
use of the Services and Products, and will reimburse an
Indemnified Party for all legal and other expenses, including
reasonable attorneys’ fees incurred by such Indemnified
Party in connection with investigating, defending or settling
any Loss whether or not in connection with pending or threatened
litigation in which such Indemnified Party is a party.
Backups are typically performed on a nightly basis
with a nightly, weekly and monthly copy stored.
While every effort is make to protect your data our backups
are conducted as a courtesy and all responsibility for retaining a copy of your site and
any associated databases remains with you.
We therefore urge all clients to maintain full and up to date back ups of
their sites and any databases. If you are unsure how to do this then
please contact support and we will be happy to advise you.
Limitation on Company Liability
Company shall not be deemed to be in default
of any provision of this Agreement or be liable for any
failure of performance of the Services and Products to Customer
resulting, directly or indirectly, from any (i) weather
conditions, natural disasters or other acts of God, (ii)
action of any governmental or military authority, (iii)
failure caused by telecommunication or other Internet provider,
or (iv) other force or occurrence beyond its control. The
exclusive remedy against Company for any damages whatsoever
to Customer arising out of or related to this Agreement
shall be the refund of the fees paid by Customer to Company
with respect to the then current term of this Agreement.
COMPANY SHALL NOT BE LIABLE FOR (i) ANY INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS
OR LOSS OF REVENUE RESULTING FROM THE USE OF THE COMPANY’S
SERVICES AND PRODUCTS BY CUSTOMER OR ANY THIRD PARTIES,
OR (ii) ANY LOSS OF DATA RESULTING FROM DELAYS, NONDELIVERIES,
MISDELIVERIES OR SERVICE INTERRUPTIONS COMPANY PROVIDES
THE SERVICES AND PRODUCTS AS IS, WITHOUT WARRANTY OF ANY
KIND, WHETHER EXPRESS OR IMPLIED COMPANY DISCLAIMS ALL IMPLIED
WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE CUSTOMER
SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE AND SUITABILITY
OF THE SERVICES AND PRODUCTS AND COMPANY SHALL HAVE NO LIABILITY
Unless otherwise specified herein, any
notices or other communications required or permitted shall
be through the help desk at ALBA Support using the log in
of the account in question
This Agreement shall be governed by and
construed in accordance with the laws of the State of Queensland,
without regard to choice of law provisions that would cause
the application of the law of another jurisdiction.
Failure by either Company or Customer to
enforce any of the provisions of this Agreement or any rights
with respect hereto or the failure to exercise any option
provided hereunder shall in no way be considered to be waiver
of such provisions, rights or options, or to in any way
affect the validity of this Agreement. If one or more of
the provisions contained in this Agreement are found to
be invalid, illegal or unenforceable in any respect, the
validity, legality and enforceability of the remaining provisions
shall not be affected. This Agreement may be executed in
any number of counterparts, each of which shall be deemed
an original, but all of which together shall constitute
one and the same instrument.