1.1. "We", "Us", "Our", "Provider" refers to our company, Nettway Pty Limited, which is the domain name, hosting service and website security solutions provider for your service.
1.2. "You", "Registrant" refers to you as our customer.
1.3. "Registrar", "Supplier" refers to our domain name registrar and Wholesale provider for SSL certificates and website hosting services.
2. Acceptance of these terms and conditions
3. Commencement of the Agreement
3.1. This agreement commenced on the date we accepted your order for Services.
4. Service availability
4.1. We shall use reasonable endeavours to provide continuing availability of the Server and the Services but we shall not, in any event, be liable for Service interruptions or down time of the Server.
4.2. In no event will we be liable to you for loss of data, or the inability to retrieve data, resulting from or incidental to the use of a Service.
5. Information Provided by You
5.1. By offering any submission, including web link/domain name submission through an Nettway web site, you grant to Aucomputech Support worldwide, perpetual, royalty-free, irrevocable licence to reproduce, modify, edit, publish, make derivative works from and sell and distribute such submissions in any and all forms and media, now or hereafter discovered, and for Aucomputech Support to license others to do the same.
6. Customers warranties, liabilities and undertakings
6.1. You agree to indemnify and keep indemnified and hold us harmless from and against any claim brought against us by a third party resulting from the provision of Services by us to you and your use of the Server, and in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities, whatsoever suffered and howsoever incurred by us in consequence of your breach or non-observance of these terms
6.2. You warrant that you will keep secure any passwords used with the Service and that you hold and will continue to hold the copyright in your data or that you are licensed and will continue to be licensed to use that data.<
6.3. You further warrant that 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.
6.4. You undertake that 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.
6.5. You also agree that you are solely responsible for dealing with persons who access your data and that you will not refer complaints or inquiries in relation to such access to us.
6.6. You indemnify us against all claims arising out of your registration and use and renewal of registration of your chosen domain name, unless and to the extent that the claim arises out of our breach of this agreement, or our negligent act or omission.
7. Disclaimer of Warranty; Limitation of Liability; Indemnification
7.1. We accept liability for the supply of the Services to the extent provided in this agreement.
7.2. We do not warrant that:
- the Services provided under this agreement will be uninterrupted or error free;
- the information contained within your Web site will comply with all applicable law, and codes of practice governing the use of Web sites and related services, including, without limitation, those laws and/or codes of practice governing distance selling and data protection from time to time in force;
- 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 Nettway.
7.3. 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.
7.4. We make or give no express or implied warranties including, without limitation, the warranties of merchant-ability 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. No oral or written information or advice given by us, our agents, representatives or employees shall create a warranty or in any way increase the scope of the express warranties hereby given, and you may not rely on any such information or advice.
7.5. Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the services will be limited to the charges paid by you in respect of the services which are the subject of any such claim and provided that you notify us of any such claim within three months of it arising.
7.6. In no event will we be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.
7.7. In the event that this agreement constitutes a supply of goods or services to a consumer as defined in the Trade Practices Act 1974 (Cth) nothing contained in this agreement excludes, restricts or modifies any condition, warranty or other obligation in relation to this agreement, where to do so is unlawful. To the full extent permitted by law, where the benefit of any such condition, warranty or other obligation is conferred upon you pursuant to the Act, our sole liability for breach of any such condition, warranty or other obligation, including any consequential loss which you may sustain or incur, shall be limited (except as otherwise specified in this agreement) to:
- the replacement of the goods or the supply of equivalent goods or payment of the cost of replacing the goods or acquiring equivalent goods; or
- the repair of the goods or payment of the cost of having the goods repaired;
- the supplying of the Services again; or
- the payment of the cost of having the Services supplied again.
7.8. We specifically exclude any warranty as to the accuracy or quality of information received by any person via your server and in no event will we be liable for any loss or damage to any data stored on the Server. You are responsible for maintaining insurance cover in respect of any loss or damage to your data stored on the Server.
8. Suspension and Termination of the Service
We hold the right to suspend/terminate any services for any of the following:
8.1. We may terminate this agreement forthwith if you fail to pay any sums due to us as they fall due. We may suspend all services within an account prior to termination should any invoice in the account be outside of our trading terms.
8.2. We may terminate this agreement immediately if you breach any of these terms and conditions, or if you are a company you go into insolvent liquidation, or if you are a person you are declared bankrupt.
8.3. We may terminate this agreement immediately if we have reason to believe you are not using the services in accordance with this service agreement. This includes but is not limited to any of the website hosting plans that you have signed up for.
8.4. We may also terminate this agreement with immediate effect if you fail to comply with the End User Agreement (EUA) of a third-party supplier (Supplier) of Software or a Hosted Application.
8.5. From time to time we may have to suspend or disconnect the service without notice or deny your access to the Service during any technical failure, modification or maintenance involved in the Service. We will use reasonable endeavours to procure the resumption of the services as soon as reasonably practicable. In these circumstances you will remain liable for all charges due throughout the period of suspension.
8.6. If your account has been suspended or terminated due to your breach, reactivation of your account will be completely at our discretion. If we agree to reactivate your account, we will require payment in full of all outstanding amounts and payment of a reactivation fee.<
. No refunds are available for monies paid in advance.
8.8. If we wish to terminate your Service for reasons other than a breach of these conditions, we can do so by giving you 30 days written notice by the e-mail you provided us. In this circumstance, we will refund any remaining unused credit on your account.
8.9. If your account is closed for whatever reason you must pay all outstanding charges immediately.
8.10. We are under no obligation to provide you with a copy of your data if we have suspended or terminated your access to the service apart from website hosting for your breach. If we provide you with a copy of your data in such circumstances, we are entitled to charge a fee for service.
9. Fees, charges, payments and refunds
9.1. All charges payable by you to us for the Services will be in accordance with the relevant scale of charges and rates published from time to time by us on our website and will be due and payable within fourteen days of receipt of our invoice (For products and services that has been applied with a 14 day credit terms). The price of the Services we provide you will remain fixed for the period covered by the payment; that is, one to two years validation terms for the SSL certificates, and from annually to ten years time for the domain name registration, as well as any other products and services that may make available on our site or through our affiliates' website. After that time you will be billed at the rates current on our website at the time the Service is renewed.
9.2. If you exceed our fourteen day credit terms, you will be charged an $11.00 late payment fee.
9.3. Prices published on our web site are inclusive of any government taxes or charges within Australia unless otherwise noted.
9.4. The provision of services is contingent upon our having received payment in full from you in respect of the Services we provide. Without prejudice to our other rights and remedies under this agreement, if any sum payable is not paid on or before the due date, we reserve the right, at our discretion, to suspend the provision of Services to you.
9.5. If you fail to make payment within the terms of this agreement, you will become liable for the cost of collection. This will include interest on any overdue amount, calculated at the daily rate of 9% per annum, from the due date of the payment.
9.6. If you have chosen a yearly contract for your Service, your account will be automatically rolled over for a further yearly contract at the end of the term. You must give us notice before the end of the term if you wish to cancel or alter your Service. If you elect to pay your fees on a yearly basis, and fail to make payment within 14 days of invoice, you will not be entitled to receive the yearly fee discount for your domain renewal.
9.7. Upon registration of a credit card account, you give us authorisation to debit your credit card for all charges through PayPal Secure Payment System.
9.8. You consent to us obtaining a report from a credit reporting agency on you credit worthiness if you choose to pay by credit card.
9.9. No refunds will be given for unused portions of payments in advance (including payment of any period contracts) unless the account has been terminated due to our breach of these terms and conditions.
9.10. If a charge back is initiated by you, either as a mistake or not. Your account may be terminated or suspended and a fee determined by us will become payable by you.
9.11. All refunds that are granted in line with the following cancellation policies, duplicate payments, failed orders will be less an administration fee.
9.12. We will not refund an order for a domain name after the domain name has been registered, will not refund for change of mind. In certain limited circumstances (depending on the domain name space), a registrant may cancel a domain name (due to spelling mistakes etc) provided that the domain registration request has not yet been sent to the relevant registry, and the registrant submits another application for the correct spelling of the domain. In certain limited circumstances a registrant may apply for their domain name license to be cancelled (depending on the domain name space and the registry conditions); however we do not provide any refund under these circumstances.
9.13. We do not offer refunds or credits for new purchases in the event of termination or cancellation of hosting services.
10. Archiving and backup your data
10.1. We will archive 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 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. 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 data recovered from our backups.
11. The use of spam and virus filters
11.1. You agree that we can use spam and virus filters and that this may require us to use third party equipment or services to monitor and filter email traffic between our equipment and the Internet. You agree that we will not be liable for any loss or damage resulting from the use of spam or virus filters.
12. The need to change to a new operating platform
12.1. Unless otherwise agreed, the Service is provided by us from our data centre in Australia. We reserve the right to migrate your web site to a new operating system platform if our operating system supplier ceases to provide appropriate support or your particular server fails or becomes unreliable.
12.2. We will advise you of such a change but we will not take any responsibility for web site failure if you have failed to keep your contact details up-to-date or if you have not checked the operation of your web site post-migration and notified us of any required changes to the web site configuration.
13. Ownership of server equipment
13.1. Unless otherwise agreed, you obtain no rights to the hardware and other infrastructure and facilities used by us to deliver the Service.
14.1. If any clause of these terms and conditions is held to be invalid or unenforceable in whole or in part, the invalid or unenforceable wording shall be deemed to be omitted.
15.1. The benefit of this agreement may be assigned by us, but not our obligations to you - to do that, you agree that we may give notice to you in writing, and your failure to respond will be deemed acceptance. You may transfer this agreement provided that you give us notice in the form we require (setting out the details of the assignee) accompanied by payment of any transfer fee specified by us. No other method of transfer by you is permitted.
16. Changes to Terms
16.1. We may change the terms and conditions of this agreement at any time. Any renewal of a Service will be in accordance with the terms and conditions in place as at that time. Details of our current terms will always be available on our website.
17. Entire Agreement
17.1. These terms and conditions constitute the entire agreement between you and us, and supersede all prior agreements, understandings and representations whether oral or written. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. Except as provided above, no variation may be made to the contract unless it is in writing and signed by authorised representatives of you and us.
18. Copyright Notices
18.1. The contents of the nettway.com are Copyright © Nettway Pty Limited and/or its suppliers. All rights reserved.
18.2. The Web site’s contents include, but are not limited to all information, text, images, graphics, software and advertisements found on the Web site. You may retrieve, review or download such material for your own personal non-commercial use, provided that you agree to abide by any copyright notice or other restriction in any such material that you download.
19. Applicable Law
19.1. This website is created and controlled by Nettway Pty Limited.
19.2. Your use of this website is governed by, construed and enforced in accordance with the laws of New South Wales, Australia. Disputes arising from your use of this site are exclusively subject to the jurisdiction of the courts of New South Wales, Australia.
20. Notifications & Communications
20.1. All notifications under this agreement will be by email to your nominated internet address. By entering into this agreement you agree to receive other email communications of a marketing and promotional nature unless you opt out of our mailing list. You will not be able to opt-out of critical service notifications, renewal, billing and account notifications, scheduled downtime notifications or any other communications deemed to be an essential part of our service to you.