Terms & Conditions

Advanced Hosting Australia(ABN 93 102 045 829) Standard Terms and Conditions (Effective 1 May 2004)

These are the standard terms and conditions of supply of the Advanced Hosting Australia web hosting and other services offered from time to time ('the Service'). These terms apply to you as a user of the Service ('Client' or 'you'). 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.
1. Terms and Amendment Procedure
1.1 These are the terms upon which we agree to provide the Service to the Client. The agreement made between us with these terms commences on the date listed when your order for Services was accepted by Advanced Hosting Australia.
1.2 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 web site at http://www.advancedhosting.net.au. The changes will become effective upon publication of the notice. Where we vary the prices for Services, we will give at least 14 days notice of the change by the same means, and the new prices will apply at the end of that period.
1.3 If you use the Service after that publication, your use will constitute an acceptance of the amended terms.
1.4 These terms constitute the agreement in its entirety and supersede prior agreements.

2. Service
2.1 We will provide the Client with Web and Email Services as per the Web Host Package option you have selected in the placement of your order. We will assign the Client a username and password for FTP access and/or Online Administration facility (which is used by you to configure various features of your web site/email service) as per the service requested.
2.2 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.
2.3 Unscheduled Maintenance - We may need to perform unscheduled maintenance.
2.4 Back Up 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. 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.
2.5 The Service is provided by Advanced Hosting Australia from the NEC Australia data centre in Melbourne Australia. Advanced Hosting Australia will determine in its absolute discretion from time to time the data centre location from which your Service is provided. Advanced Hosting Australia reserves the right to migrate your web site to a new operating system platform if our operating system supplier ceases to provide support for the legacy operating system, or if the server from which the service is provided fails or, in Advanced Hosting Australia's opinion becomes unreliable. Advanced Hosting Australia will use reasonable endeavours to notify you via the contact details in our database but does 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.
2.6 In contracting with Advanced Hosting Australia for the Services, the Client obtains no rights to the hardware and other infrastructure and facilities used by Advanced Hosting Australia to deliver the Service.
2.7 In the absence of any additional written agreement, these terms and conditions (as varied from time to time) will apply to any further Services you acquire from Advanced Hosting Australia.

3. Payment
3.1 You must pay for the Service as notified to you by Advanced Hosting Australia in accordance with Advanced Hosting Australia's published prices for Services from time to time.
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. Where a billing option does not specify otherwise, all Service charges are payable within 14 days of the date of invoice (whether online or paper invoice).
3.3 Prices published on our web site are exclusive of any registration or delegation charges imposed by domain name authorities.
3.4 In addition you must provide and pay for:
(a) the installation and use of telephone lines and all other equipment needed to access the Service; and
(b) 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 No refunds will be given for unused portions of payments in advance (including payment of yearly contracts) unless the account has been terminated due to Advanced Hosting Australia's breach of these terms and conditions.

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 Advanced Hosting Australia.
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, none of Advanced Hosting Australia, its subsidiaries, officers, directors, employees, partners or suppliers will 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 Advanced Hosting Australia;
(iii) any unauthorised access to or alteration of your web site, 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 Advanced Hosting Australia by you or on your behalf; or
(viii) any Services that are delayed or interrupted.
4.4 You warrant that:
(a) 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;
(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; 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.
4.5 You accept responsibility for all information and material you issue over any Service, and indemnify us and hold us harmless against any liability in relation thereto. In particular you undertake that you shall not publish or issue any information which is illegal or defamatory. You also acknowledge that we do not vet or approve any information or material available through the Service. We do not accept any liability for any loss, claim or damages arising from or relating to information and material available through the Service, to the full extent permitted by law. You access and use such information and material at your own risk.
4.6 You agree to abide by our Acceptable Use Policy which follows these Terms and Conditions and our Privacy Policy which is located at URL http://www.advancedhostin.net.au.au/privacy/ and you agree that the terms of those two policies form part of this agreement between you and Advanced Hosting Australia.
4.7 You are solely responsible for dealing with persons who access the Client Data, and must not refer complaints or inquiries in relation to such data to us.
4.8 Except as provided in clause 4.2. we are not liable to you or any other person for:
(a) cost, loss or liability (including loss of profit or other consequential damage) arising from our supply or failure or delay in supplying the Service;
(b) the content, context or confidentiality of any communications made using the Service;
(c) loss or damage caused by third party software applications forming part of the Service.
4.9 You indemnify us against all costs, expenses, loss or liability that we may suffer (directly or indirectly) resulting from:
(a) your breach of these terms;
(b) your use or misuse of the Service;
(c) the use or misuse of the Service by any person using your account; and,
(d) publication of defamatory, offensive or otherwise unlawful material on any web site forming part of your service.

5. Suspension and Termination of Service
5.1 We may from time to time without notice 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. notwithstanding any suspension of any Service under this clause you shall remain liable for all charges due throughout the period of suspension.
5.2 Advanced Hosting Australia may without notice to you remove, amend or alter your data upon being made aware of:
(a) any claim or allegation; or
(b) 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.
5.3 We may end our agreement with you and cease providing Services for any reason, on 30 days written notice to you. You may close your account with Advanced Hosting Australia on 30 days written notice to Advanced Hosting Australia.
5.4 If your account is closed you must pay all outstanding charges immediately and we may delete all Client Data from any storage media.
5.5 We are under no obligation to provide you with a copy of the Client Data if we have suspended or terminated your access to the Service for your breach. If we provide you with a copy of Client Data, we are entitled to charge a fee for service.

6. Suspension and Termination of Service
6.1 We may from time to time without notice 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. Notwithstanding any suspension of any Service under this clause you shall remain liable for all charges due throughout the period of suspension.
6.2 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:
(a) payment in full of all outstanding amounts; and
(b) payment of a reactivation fee.
6.3 Advanced Hosting reserves the right to refuse to supply services to a potential customer who has previously had its account with Advanced Hosting terminated for breach. In this clause, 'potential customer' includes:
(a) (if the potential customer is a corporation) its Related Entity or Related Party (as those phrases are defined in the Corporations Law); and
(b) (if the potential customer is an individual) any corporation in which the potential customer was at the relevant time an officer or shareholder, or a Related Party of a shareholder.
6.4 Advanced Hosting may without notice to you remove, amend or alter your data upon being made aware of:
(a) any claim or allegation; or
(b) 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.
6.5 We may end our agreement with you and cease providing Services for any reason, on 30 days written notice to you. You may close your account with Advanced Hosting on 30 days written notice to Advanced Hosting.
6.6 If your account is closed you must pay all outstanding charges immediately and we may delete all Customer Data from any storage media.
6.7 We are under no obligation to provide you with a copy of the Customer Data if we have suspended or terminated your access to the Service for your breach. If we provide you with a copy of Customer Data, we are entitled to charge a fee for service.

7. Miscellaneous
7.1 The Client grants to Advanced Hosting Australia a license to use and reproduce all Client Data in order to fulfil its 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 web sites or emails.
7.2 A 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.
7.3 The law in force in Victoria governs this agreement and the transactions contemplated by this agreement.
7.4 You may not resell Services or assign your rights and obligations under this agreement without our prior written consent.
If you request Advanced Hosting to register a domain name on your behalf, these additional terms will apply.
If you acquire E-commerce Services from Advanced Hosting, these additional terms will apply.

E-commerce Services
1. E-commerce Services means Secure Certificate transactions and third party e-commerce gateway providers such as the major Banks and NEC Business Solutions.
2. Advanced Hosting provides the E-commerce Services software 'as-is' and without warranty of any kind, either express or implied.
3. Advanced Hosting will not be liable for acts or omissions of third party e-commerce payment gateway providers who may provide those services as part of the E-commerce Services. You will deal with those providers at your own risk.
4. 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.
5. You are responsible for and indemnify Advanced Hosting 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.
6. You indemnify Advanced Hosting and hold us 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. You acknowledge that Advanced Hosting is acting as a reseller of E-commerce Services and is not the agent, partner or joint venturer of the supplier of the E-commerce Services to Advanced Hosting.

If you acquire SQL database services and/or Programming Modules from Advanced Hosting, these additional terms will apply.

Standard MYSQL Services and Database Modules
1. All new databases requested will be MYSQL with PHP 4.0 support
2. Customers whose databases exceed the number of user connections permitted for their level will have their excess connections terminated without notice. Advanced Hosting takes no responsibility for loss of data or any other problems caused by the termination of excessive user connections.
3. Customers must adhere to the SQL Policy which also include recommended best practices guidelines. Advanced Hosting takes no responsibility for any problems caused by failure to observe the SQL Policy.
4. We will not be liable to you for any interruption of service or loss of data or functionality in such circumstances provided that we have acted with reasonable care.
5. If you use any Programming Module service we retain ownership of all scripts database include files and any bug fixes, workarounds, patches, beta fixes and builds, and other software that we make available in the course of providing the services and only give you a license to use them. You must use any of the software in accordance with:
(a) The end user license agreement or other license agreement governing the product for which the software is provided; or
(b) The end user license agreement packaged with the software or any terms expressly set out in writing by us; or
(c) The following restrictions if no license agreement is packaged with the software:
(i) The software may not be reverse engineered, de-compiled or disassembled to the extent this restriction is permitted by law; and
(ii) The software may not be loaned, leased, sold, sublicensed or otherwise distributed to another user; and
(iii) To the maximum extent permitted by law the software is provided 'as-is' without warranty of any kind; and
(iv) We may terminate your use of the software if you do not comply with these restrictions.
(v) The advice we may give you in performing the service request is personal to you and is not to be shared with others unless with our prior written agreement.
(vi) You give us permission to use your technical identification in a non-identifying format for problem resolution, internal troubleshooting, product functionality enhancements and fixes, and in any descriptions of problems or solutions to problems, which we record in our systems. We will not identify you or publish your confidential information in any item we record in our systems.
(vii) You and we remain free to develop products independently without the use of the other's confidential information. Neither of us will be required to restrict the future work assignments of people who have had access to confidential information. These people are free to use the information they remember related to information technology, including ideas, concepts, know-how or techniques, so long as they do not disclose confidential information of the other party in violation of this agreement. This use does not give any rights under the other's copyrights or patents; or require payment of royalties or a separate license.

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