In order to become a reseller or ISP Partner of Werdna
Web Hosting, or user of any Werdna Web Hosting services,
you must agree to the following terms and conditions.
Your agreement to these terms will be indicated to
use by sending to us an application, duly completed
confirmation (if requested) or commencement of reseller
of ISP activities or use of any Werdna Web Hosting
services, whichever occurs first.
The following terms
of business apply to any or all of the domain name
registration, Web site hosting, email, spam and virus
protection, Search Engine Optimisation and Secure
Web Page services to be provided by Werdna Web Hosting
to you from time to time, as well as any services
provided
by us under any reseller or ISP agreement (Services
and individually Service). Server means the computer
server equipment operated by us in connection with
the provision of the Services. Web Site means the
area on the Server allocated by Werdna Web Hosting
to you
for use by you as a site on the Internet. Secure
Web Page means the Web page operated and located
on the
Server which allows you to collect credit card details
in a means that is difficult for other people to
view the page when it is loaded, because the page
is encrypted,
Search Engine Optimisation means any service which
is designed to assist your Web Site gain a higher
listing in the Search Engine results.
SPECIAL TERMS
OF CONTRACTS
Domain Name Registration
terms
We do not warrant or
guarantee that the domain name applied for will
be registered in your name or is capable
of being registered by you. Accordingly, you should
take
no action in respect
of your requested domain name(s) until
you
have been notified that your requested domain
name has
been
registered.
Both the registration
of the domain name and its
ongoing use are subject to the relevant
naming authority's terms and conditions of use
and
you are responsible
for ensuring that you are aware of those
terms and conditions and can and do comply with
them. You irrevocably
waive any claims you may have against
us in
respect of the decision of a naming authority
to refuse
to register a domain name and, without
limitation agree
that the administration charge paid by
you to us shall be non-refundable in any event.
We accept
no responsibility
in respect of the use of a domain name
by you and
any dispute between you and any other
individual or organisation
regarding a domain name must be resolved
between the parties concerned and we will take
no part
in any such
dispute. We reserve the right, on our
becoming aware of such a dispute, at our
sole discretion
and without
giving any reason, to either suspend
or cancel the domain name, and/or to make
appropriate
representations to the relevant naming authority.
Web Site
Hosting/email/Secure Web Page/virus protection
terms
We specifically
exclude any warranty as to the
accuracy or
quality of information received by any
person via the
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 data stored
on the
Server. You
warrant
to us that you will only use your
assigned Web
Site for lawful purposes. In particular,
you further warrant
and undertake to us that:
a. you will
not, nor will you authorise or permit any other
person
to,
use
the Server in violation of any law
or regulation; b. you
will not knowingly or recklessly
post, link to or transmit any material: i. that
is unlawful, threatening, abusive,
harmful, malicious, defamatory,
violent or
teaching
violence, obscene, pornographic,
profane
or otherwise objectionable in any way;
or
ii. containing a
virus or other hostile computer program;
iii. that
shall
constitute or encourage a criminal
offence, give rise to civil liability or that
violates or infringes
any
trade mark, copyright, other intellectual
property rights or similar rights of any
person under the laws of any jurisdiction; and
c.
you will conform
to the
standards made available by us
from time
to time and will not yourself, and will
ensure that none of your end users,
make excessive or wasteful use
of the Server
to our detriment or that of our
other customers.
You
are responsible for sending mail in accordance with
any relevant legislation,
including but not limited
to the Commonwealth Spam Act
(2003) and for sending the same in a secure manner.
We will take all reasonable
steps to ensure accurate and
prompt routing of messages but we will not accept
any liability for non-receipt
or misrouting or any other failure
of email. In the event of deliberate transmission
of unsolicited commercial
email (UCE), Werdna Web Hosting
reserves it right to terminate services without prior
notification.
You
warrant, undertake and agree
that: a. any transactions within
your Web site which are contracts for the sale
of goods or services will
be between you as the merchant and your end-user
customer
and you agree that we may
include an exclusion of our
liability in respect of such purchases and transactions
in
such form as we
deem appropriate; b. 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; c. you will keep secure
any identification, password and other confidential
information
relating
to your
account and you will notify
us immediately of any known or suspected unauthorised
use of your account, or any
known or suspected breach
of security, including loss, theft or unauthorised
disclosure
of your password information.
Notwithstanding such notification
you will be liable for any and all uses of your
account (and Web site)
notwithstanding any fraudulent
or improper use of your password or any other
access
to any of the facilities
we offer which is not unauthorised
use or access by us.
Whilst
we shall use reasonable endeavours to
ensure the integrity and
security of the Server, we do not guarantee that
the Server
will be free from
unauthorised users or hackers.
5. We do not warrant whatsoever that our virus
protection services will
stop every virus from reaching
your computer network. We make no warranty
that the service will be error
free or free from interruption
of failure, and the company expressly disclaims
any express or implied
warranty regarding system
and/or service availability, accessibility, or
performance.
Reseller and ISP Partner
terms
If you are or
become a reseller of our Services you must
ensure that
you continue to comply with these
terms and conditions
by making your customers bound to no less comprehensive
and
protective terms and conditions
than these.
You agree
that in your capacity as reseller of our
services you
will not incur any liability on
our part or in
any way pledge
or purport to pledge our credit or
purport to make any contract binding
on us.
We do not accept
the liability or default of your own
customers as affecting
or limiting your
obligations under
this agreement and we suggest that you require
your
customers
to sign a form of this agreement.
As a reseller of
our Services,
you are responsible for ensuring
that any promotional, advertising or other
material you
distribute to your customers (whether in paper
form or
electronically): a. does not contain
any misrepresentation
relating to Werdna Web Hosting or the nature
of your relationship
with Werdna Web
Hosting; b. is in
accordance with all applicable advertising standards;
c. does not contravene any
law of the relevant jurisdiction; d.
is
appropriate in all the circumstances; and
that you otherwise
comply with all laws and regulations
governing the
exercise of your right as reseller under this agreement. e.
retain
the right to require you
to cease distribution
of any
advertising, promotional and/or other
material which
in our view is unacceptable
by reference
to the criteria referred to at paragraph 4 above.
You
agree to indemnify, keep indemnified
and hold
us harmless from and against any claim brought
against us
by a third party resulting from the provision of
our Services by you to your customers, 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 as a consequence of your breach
or non-observance
of the Reseller and ISP Terms.
GENERAL
TERMS AND
CONDITIONS
The following terms and
conditions apply to all reseller and ISP contracts
and provision
of all
Services, including the registration of .au.com sub-domains
the special terms for which are set out
below:
Service
Availability
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.
Intellectual Property
Rights and other Consents
You are solely responsible
for obtaining any
and all
necessary intellectual property rights clearances
and/or other
consents and authorisations, including
without limitation, clearances and/or consents in
respect
of your proposed
domain name and merchant services
agreements between you and the relevant financial
institutions.
Indemnity
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.
Termination
We may terminate this
agreement forthwith if you
fail
to pay any sums due to us as
they fall due.
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.
On termination
of this agreement we shall
be entitled immediately to block your Web Site
and to
remove all
data located on it. We will hold such data
for a period
of 14
days and allow you to collect
it, at your expense
($150/hr), failing which we shall be entitled
to
delete
all such data. We shall further be entitled
to post such notice in respect of the non-availability
of
your
Web Site as we think fit.
If you wish to
terminate your account with Werdna Web
Hosting, you must
do
so
by
completing the form at http://www.Werdna
Web Hosting.com.au/cancellations/,
otherwise your account will be automatically
renewed for
the
same subscription period
and you will be liable
for, and immediately invoiced upon the commencement
of, such additional subscription
period.
Specifically,
Werdna
Web
Hosting will not accept
verbal instructions to
terminate an account. Submission
of the form at http://www.Werdna
Web Hosting.com.au/cancellations/
will generate an automated email to the
email address
specified in the form, and within this email
will be
a unique
tracking number that
is the only proof of cancellation
that will be accepted
by Werdna Web Hosting.
On receipt of your cancellation
request, Werdna
Web Hosting
will cancel your service
at the first available opportunity.
There are no refunds
or credits, once
an invoice is generated, unless
an invoice for a service
is generated after a cancellation
requested is submitted.
Payment
All charges payable
by you to us
for the
Services shall be in accordance
with the relevant scale of charges and rates
published from
time to
time
by
us on our
Web site and shall
be due and payable
within thirty
(30) days of
receipt
of our
invoice
therefore.
The provision by us of
the Services
is contingent upon
our having
received payment
in full from you
in
respect of the relevant Services. 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,
forthwith and at our sole discretion,
to suspend the
provision of Services to
you.
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 12%
per annum,
from the due date of the payment.
Upon provision
of a credit card account, you give us authorisation
to automatically debit your credit card for all
charges on issuance of a valid invoice.
Late Payment
Fee
If you exceed our thirty
(30) days credit terms, you will be charged an $11.00
late payment fee.
A
revised
invoice will be sent to your nominated e-mail address.
Exclusion and Limitation
of Liability
TO
THE FULL EXTENT PERMITTED BY LAW WE HEREBY
EXCLUDE
ALL CONDITIONS
AND WARRANTIES NOT EXPRESSLY SET OUT HEREIN. EXCEPT
AS SPECIFICALLY SET FORTH IN ELSEWHERE IN THIS
AGREEMENT,
WE MAKE OR GIVE NO 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. NO ORAL
OR WRITTEN INFORMATION
OR ADVICE GIVEN BY US, OUR RESELLERS, 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.
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 shall 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 one year of it
arising.
In
no event shall 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.
IMPORTANT NOTE:
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) or any other national,
State or Territory
legislation (the Acts) nothing contained
in this agreement
excludes, restricts or modifies any condition, warranty
or other obligation in relation to this agreement
and the goods and you 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 any of the Acts,
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 specifically set forth herein)
to:
a. in relation to goods
i. 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
ii. the repair of the goods
or payment of
the cost of having the goods repaired;
b. in relation
to services
i. the supplying of the services
again;
or
ii. The payment of the cost of having the
services
supplied again as in each case we may elect.
Notices
Except where expressly provided
otherwise, any notice
to be given by either party to the
other may be sent by either email, fax, post or courier
to the address
of the other party as appearing in this agreement
or ancillary application forms
or such other
address
as
such party may from time to time have
communicated
to the other in writing, and if sent by email
shall
unless the contrary is proved be deemed
to be received
on the day it was sent or if sent
by fax shall be deemed to be served on receipt of
an
error
free transmission
report, or if sent by post or courier shall
be deemed
to be served two days following the
date of posting.
Severability
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.
Assignment
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.
Change
to Terms on Renewal
We may change the terms
and conditions of this Agreement at any time.
Entire Agreement
These terms
and conditions constitute
the entire agreement between Werdna Web Hosting
and you, 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 Werdna
Web Hosting.
Entire Agreement, Governing
Law
This agreement
shall be governed by the laws in force in the state
of New South Wales. Both parties hereby submit
to the exclusive jurisdiction of the Courts
of that State.
Notifications & Communications
In addition to general
Account, Billing and Service communications, Werdna
Web Hosting will, from time to time, issue email
notifications relating to our services, including,
but not limited
to Newsletters, Announcements, Promotional and Seasonal
offers, and Surveys. By entering into agreement
with these terms and conditions, you agree to receive
email
communications by inferred consent until such time
as you decide to opt-out of such communications.
You may opt out of our mailing list at any time by
sending
an email to unsubscribe@werdnahosting.com or by following 'unsubscribe' instructions contained
within the communcitions.
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.
