1. Definitions
1.1. “I”, “me”, “my” or “myself” refers to Cameron Hughes trading as a registered sole trader in the state of Queensland, Australia.
1.2. “Customer” or “Client” refers to the person or entity who ordered the web site hosting services provided by me.
1.3. “Servers” or “Server” refers to any server related services provided to me by my supplier used for the purposes of providing web hosting services.
1.4. “Service”, “Service(s)” or “Services” means any product(s) or service(s) the Customer is using related to web site hosting. This can include, but is not limited to, the provisioning of space on the Server for the purposes of hosting web sites including a connection to and from the internet for web, email and FTP services to function at the level specified in the chosen service level. These product(s) and service(s) are identified in full within the emails sent by me after your request for service. The specific details of the Services can be found on the website owned and operated by me at www.hitservices.com.au.
2. Acceptance
2.1. The Customer signified acceptance of these Terms of Service, as well as my Privacy Policy, Acceptable Use Policy and Customer Service Policy when they requested Services from me, and that request was accepted.
3. Term
3.1. The Customer agrees to a month to month contract term for Services unless otherwise stated in the product or service offering or otherwise agreed in writing. The month to month contract for services is automatically renewed each month in perpetuity subject to written cancellation by the Customer.
3.2. Monthly services are established as part, thereof, signifying the beginning of a new month denotes commitment until the end of that monthly period.
4. Service, Marketing and Promotional Emails
4.1. The Customer agrees to receive Service, Marketing and Promotional emails from me to the nominated email address used by me to communicate with the Customer.
4.2. Email from me to the Customer in regard to a Service, such as invoicing and other notices should always be read by the Customer as they will always contain important information.
4.3. I warrant that I will never sell or trade any email address to any third party, in accordance with my Privacy Policy.
4.4. If the Customer does not want to receive these emails, they are required to cancel any Service in accordance with Section 11 of this policy.
5. Availability of Services
5.1. While I will endeavour to provide continuous availability of all Services to the Customer, I will not be liable for any service interruptions or down time.
5.2. Scheduled maintenance will be performed at times deemed suitable by me which has the least noticeable impact on the Customer, and should it require the Services to be offline for greater than thirty (30) minutes I will email details of the scheduled maintenance to the Customer at least two (2) days prior.
5.3. Unscheduled maintenance will be performed as required by me, and should the Services be offline for greater than thirty (30) minutes I will email the Customer with details of the maintenance and any updates until it has been completed.
6. Limitation of Liability
6.1. I shall not be liable to the Customer for harm caused by or related to Customer’s Service or inability to utilise the Service unless caused by gross negligence or wilful misconduct.
6.2. Neither Party shall be liable to the other for lost profits, direct or indirect, special or incidental, consequential or punitive, or damages of any kind whether or not they were known or should have been known.
6.3. Notwithstanding anything else in this agreement, the maximum aggregate liability of me under any theory of law shall not exceed a payment in excess of the amount paid by the Customer for the Service in question for the six months prior to the occurrence of the event(s) giving rise to the claim.
7. Customer General Warranties and Undertakings
7.1. The Customer warrants that any information supplied for the purpose of this Service, including but not limited to, first name, last name, address, telephone number and email address is true and correct, and will be kept up to date by notification of any changes to myself either by email or in writing.
7.2. The Customer warrants that they will keep any passwords or sensitive information used with the Service in a secure location.
7.3. The Customer warrants that they hold and will continue to hold the copyright for data stored on the Servers, or that they are licensed and will continue to be licensed to use that data.
7.4. The Customer warrants that at the time of entering into this agreement they are not relying on any representation made by me which has not been expressly stated in this agreement, or on any descriptions or specifications contained in any other document produced by me.
7.5. The Customer warrants that all due care has been taken to ensure data integrity on the Servers. This includes an undertaking that the Customer will conduct computer virus scanning and other tests as necessary to ensure that the data uploaded by the Customer on to or downloaded by the Customer from the Server does not contain any computer virus and will not in any way corrupt the data or systems of any person.
7.6. The Customer agrees that they are solely responsible for dealing with anyone who accesses their data, and that they will not refer complaints or inquiries in relation to such access to me.
8. General Warranties and Undertakings
8.1. I accept liability for the supply of the Service to the Customer to the extent provided in this agreement.
8.2. I do not warrant that:
a. The Services provided within this agreement will be uninterrupted or error free;
b. The Services will meet your requirements, other than as expressly set out in this agreement;
c. The Services will not be subjected to external hacking attempts, viruses, worms, denial of service attacks, or other persons gaining unauthorised access to the Service or my systems.
8.3. I do not make or give any express or implied warranties including, without limitation, the warranties of merchantability or fitness for a particular purpose, or arising from a course of dealing, usage or trade practice, with respect to any goods or services provided under or incidental to this agreement.
8.4. No oral or written information or advice given to the Customer by me shall create a warranty or in any way increase the scope of the express warranties hereby given and the Customer should not rely on any such information or advice.
8.5. In no event will I be liable to the Customer for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.
9. Fees and Credit Management
9.1. In relation to fees for Services:
a. Fees for Services ordered by the Customer shall begin on the date of the initial invoice and shall be pro-rated to include all days until the first day of the next month, and the chosen billing cycle in advance. This may be monthly, quarterly, semi-annually, annually, biennially or triennially.
b. The first day of the month will serve as the anniversary date for all future billings including one time fees, upgrades, additional services, cancellations and service credits, unless the Service only allows annual or biennially billing cycles.
c. Fees are due in advance of the billing cycle and will be invoiced to the Customer at least seven (7) days prior to the due date. The Customer is responsible for allowing sufficient time for inter-bank transfers, postal delays or any other potential issues (such as insufficient funds, expired cards, etc) to be rectified before the due date.
9.2. In relation to fees for upgrades to Services:
a. Upgrades ordered by the Customer on the billing anniversary date will be billed for a full cycle and will continue each cycle on the anniversary date, unless the Services only allows annual or biennially billing cycles.
b. Upgrades ordered by the Customer after the billing anniversary date will be pro-rated to the next anniversary date at the full monthly costs.
c. Fees for upgrades will be payable within seven (7) days of the upgrade taking place. The Customer is responsible for allowing sufficient time for inter-bank transfers, postal delays or any other potential issues (such as insufficient funds, expired cards, etc) to be rectified before the due date.
d. Additional fees may be payable for upgrades where manual work is required by me to process the upgrade request.
9.3. In relation to fees for downgrades to Services:
a. Downgrades will be processed when the request is received by me from the Customer, unless otherwise specified in the request.
b. A credit will be issued to the Customer for the difference of any pro-rated pre-paid amount minus the cost of the new plan pro-rated on the chosen cycle.
c. An administration fee may be charged for a downgrade request at my sole discretion. Additional fees may be payable for downgrades where manual work is required by me to process the downgrade.
9.4. Any fees paid for the setup or establishment of any Services will be automatically deemed as non-refundable.
9.5. Fees for one-off Services including, but not limited to, dedicated IP address, SSL certificates are due within seven (7) days of the invoice being issued and are non-refundable.
9.6. All published prices are inclusive of any government taxes and charges, unless otherwise noted.
9.7. The speed of provisioning new Services is reliant upon the Customer having paid any and all outstanding fees in full.
9.8. Failure to pay any fees may result in the account being referred to an external collection agency, which may include interest (calculated daily) and collection costs.
9.9. Accounts that are more than three (3) days past the due date may attract an overdue fee which will be payable on top of the invoice amount.
9.10. Accounts that are more than seven (7) days past the due date will be automatically suspended, and a reconnection fee in addition to any outstanding fees may apply to have the service restored.
9.11. Accounts which are not paid in full within fourteen (14) days of the due date will be automatically deleted from the servers.
10. Suspension and Termination of Services
10.1. I may suspend or terminate Services if:
a. The Customer is found to be in breach of any formal policy including but not limited to these Terms of Services, Acceptable Use Policy or Customer Service Policy;
b. The Customer has become insolvent or bankrupt;
c. The Customer has outstanding fees that are more than seven (7) or fourteen (14) days respectively, past the due date;
10.2. I may decide at my sole discretion to advise a Customer that their service will be terminated by giving thirty (30) days written notice. In this circumstance, I will refund any pre-paid fees for Services on the account.
10.3. If the Service is terminated for any reason, the Customer must pay all outstanding charges by the due dates.
10.4. I am under no obligation to provide the Customer with a copy of the data stored on the Servers if I have suspended or terminated access to the service for any breach of terms 10.1 “a” through “c” of this agreement. In this circumstance, a copy of the data may be provided to the Customer for an additional fee.
11. Cancellation
11.1. The Customer can request cancellation of any web hosting Service with me for any reason by requesting cancellation by email or in writing. I will not accept cancellation requests by any other method.
11.2. Any pre-paid fees for Services past the current billing month will be refunded, except the Services that are not eligible for a refund.
11.3. The Customer agrees to pay any and all outstanding fees upon cancellation of their Services.
11.4. Cancellation requests must be received by me four (4) days before the Service renewal date. If cancellation is not received before this time, Service renewal costs generated for the next period of time will remain outstanding or an administration fee of $15.00 may apply (which ever is the lesser value).
12. Data Management
12.1. I will backup and archive the Customer’s data on a regular basis for the purpose of disaster recovery.
12.2. In the event of hard disk failure or data corruption, I will restore data from the last known verified archive.
12.3. If all backup and archived data appear to be corrupt, the Customer should be prepared to upload the data to their account from a local copy, and setup all mailboxes and FTP accounts.
12.4. The Customer should always maintain a recent copy of all data at all times, as I will not be liable for incomplete, out of date, corrupt or otherwise incomplete data recovered from my backups and archives.
12.5. I perform system backups of all web hosting packages once per month on the first day of the month unless otherwise agreed in writing.
13. Changes
13.1. I may amend the Terms of Service at any time. Should any change occur, I will advise the Customer by email and provide fourteen (14) days notice before any changes are enforced.
13.2. In exceptional circumstances, I may be required to amend the Terms of Service and enforce the amendments immediately. If this is the case, the Customer will be advised by email and the circumstances will be explained.
13.3. My Terms of Service are made available online for viewing at http://www.hitservices.com.au
14. Use of Identity
14.1. The Customer agrees to use my logo, business details and related services in accordance with approved marketing guidelines.
14.2. I agree not to use a Customer name, logos or information without prior written consent of the Customer.
15. Entire Agreement
15.1. These terms and conditions constitute the entire agreement between me and the Customer, and it supersedes all prior oral or written agreements, understandings and representations.
16. Governing Law
16.1. The Customer agrees to abide by all local, state and federal laws pursuant to the Services delivered by me.
16.2. The Customer agrees that these terms and conditions are governed by the laws of Queensland, Australia, and agrees to the exclusive jurisdiction of the Courts of that state.