Terms & Conditions of Services

AUSWEB acts as a neutral provider of web hosting services to the global Internet. AUSWEB may suspend services provided to you or cancel your account if determined that you have violated AUSWEB policies. AUSWEB is required to enforce the Acceptable Use Policies of our upstream network providers. These include, but are not limited to: Telstra, Optus and Verizon.

Customer agrees to the following terms of service:

1/ Terms:Please be aware that you MUST follow AUSWEB's formal cancellation process
Customer agrees to a minimum contract term for services as specified by their chosen billing cycle, unless otherwise agreed to in writing. The contract for services is automatically renewed each renewal period (1, 3, 6, 12 or 24 months) in perpetuity, subject to receiving a formal cancellation request by the Customer.

2/ Service Fees:
Fees for service(s) ordered by the Customer shall begin on the date of the initial order and that date shall serve as the anniversary date for all future billings including one time fees, upgrades, additional services, cancellations and service credits. Fees are due in advance of the service cycle (1, 3, 6, 12 or 24 months) and will be billed on the anniversary date of rebilling period.

3/ Upgrade and downgrade Fees:
a/ Upgrades ordered on the billing anniversary date will be billed for the full service and will continue on each anniversary date.
b/ Downgrade requests (package or billing cycle) need to be submitted at least 7 days before the new billing cycle.

Only up to date accounts can be upgraded or downgraded

4/ Additional Service Fees:
Additional services ordered on the billing anniversary date will be billed for the full service and will continue each billing cycle on the anniversary date. Additional services ordered after the normal anniversary billing date will be pro-rated to the next anniversary date and billed as a one time pro-rata charge. Future charges will appear as full fees added to your existing anniversary billing date.

5/ One Time Fees:
One time fees, such as setup fees, administrative fees, bandwidth overages and late fees are due and payable at the time they are incurred, and agreed upon in writing or via ticket with approval.

6/ Service Credits:
Service credits will be issued to your Customer account and shall be used to automaticaly offset all future billable services as soon as the service invoices have been generated. Service credits shall not be issued as cash back to the Customer nor are service credits transferable to other account holders.

7/ Cancellation by Client:

If for any reasons you to wish to cancel any services AUSWEB requires a thirty (30) day formal cancellation notice PRIOR to the renewal billing date for discontinuance or downgrades of services.

Please be aware that you MUST follow AUSWEB's formal cancellation process in the proper timely fashion to give an effective notice of non-renewal cancellation.

Formal cancellation can ONLY be submitted from your Client Area located at: https://online.ausweb.com.au/clients/clientarea.php.

Please use the client area username and password predefined in your welcome email!

Once logged in, click on "My Services", click on the "Details" icon next to your hosting service, then scroll down to the bottom of the page and click on "Cancellation Request" and follow the process. Once we receive the cancellation, the billing will be cancelled and the accounts suspended.

Failure to follow AUSWEB's formal cancellation process with the requisite thirty (30) days effective notice will result in the account being re-billed as per the current billing cycle and no refunds can be issued

All customer data remaining after the cancellation date will be destroyed for security and privacy reasons.

The customer is responsible for all money owed on the account from the time it is established to the time that cancellation has been confirmed by AUSWEB.

Transferring your domain name(s) or service(s) away from AUSWEB does not mean your account is automatically cancelled. You must notify AUSWEB to cancel your account, using the method listed above.

8/ Cancellation and Termination of Services by AUSWEB
AUSWEB reserves the right to cancel your service at any time.
If your account is cancelled because you have violated AUSWEB usage policies, no refund will be paid.

Please read here as well AUSWEB Legals

8.1/ Non-Payment:
All payments are due in full on the anniversary date. Failure to remit payment for services on the anniversary date is a violation of the TOS.
A late fee of 10% will be incurred for failure to remit payment for services on or before the anniversary date. Failure to remit payment for three (3) consecutive days, including the anniversary date, shall result in a termination of public access to Customer services. Failure to remit payment for services within seven (7) consecutive days, including the anniversary date, shall result in termination of access to the service network and all services shall be reclaimed. All Customer data remaining after seven (7) days of non-payment will be destroyed for security and privacy reasons.

8.2/ Refunds & Disputes:
Ausweb operates a 7 day refund guarantee for NEW account signups paid for on an ANNUAL or 2 Yearly billing cycle ONLY, excluding domain registration fees, SSL certificates, dedicated IP addresses and any non refundable transactions fees.

An additional one of administration fee of $55 will ably to all refunds issued

This does not apply to recurring account fees, please refer to clause 7 of these Terms and Conditions

After this inital grace period for new signups, all services are non-refundable. This includes, but is not limited to: setup fees, one time fees, renewal and service fees (1, 3, 6, 12 or 24 months), upgrade fees, additional service fees, administrative fees, and late fees. Customers seeking to resolve billing errors are instructed to open an billing ticket inside the Customer portal located at http://online.ausweb.com.au/clients/

Customer agrees not to chargeback any credit card payments for services rendered. A chargeback of payment for services rendered will result in an additional charge of $150 and will be subject to collection by an authorized collection agency.

9/ Lawful purpose
AUSWEB may refuse service to anyone. You may use AUSWEB services only for lawful purposes. You may not transmit any materials that are in violation of any Federal, State or Local laws. You may not transmit any copyrighted materials or material protected by trade secrets. AUSWEB will make the decision as to whether materials violate its policies.

10/ Specific acceptable usage policies , unauthorized use
AUSWEB will strongly react to any use or attempted use of an Internet account or computer without the owner's authorization. This includes "social engineering" (tricking other people into releasing their passwords), password cracking, security hole scanning, etc. Any of these actions by a AUSWEB customer, whether or not the attacked account or computer belongs to AUSWEB, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, according to the seriousness of the attack.

AUSWEB may deny use of *.AUSWEB.com third-level domain names which are found to be obscene, offensive, or pornographic. Content which is referenced by a *.AUSWEB.com third-level domain may not be obscene, offensive, or pornographic. Determining these criteria is within AUSWEB's sole discretion.

More information regarding AUP can be found here

http://online.ausweb.com.au/clients/knowledgebase.php?action=displayarticle&id=11

11/ Setup of accounts
Ausweb endeavours to setup all shared hosting accounts within 24 hours, however, we reserve the right to delay setup of an account for fraud checks. Dedicated servers are setup within 7 days of the order being received.

12/ Scripting and Development Support
Scripting and development support is outside of the realm of AUSWEB's hosting support boundaries. Clients must communicate directly with their web developer or designer regarding any queries relating to the development and managment of the client's website and scripting.

13/ Backups
The backup of customer data is the customer's responsibility. Ausweb is not responsible for the files on customer accounts. If an account is cancelled, data recovery is not possible.

14/ Termination

AUSWEB reserves the right to suspend or terminate an account without prior warning if the following conditions have been met:

• The customer account is compromised,
• The customer account is abusing the server resource limits,
• The customer account is sending unsolicited bulk emails; or,
• The customer account is in direct breach of our Acceptable Usage Policies:

Activities which are explicitly forbidden by our Acceptable Usage Policy including, but not limited to:

• Online Game Servers
• Internet Relay Chat
• Proxy Servers
• Sites infringing on Copyright content, such as Illegal Warez sites
• Online Gambling
• Sites with illegal pornagraphic content
• Voice or Video on Demand services

15/ Account security
Ausweb accounts must only be accessed by the authorized account holder, and it is the account holder's responsibility to maintain a secure password. Customers must not distribute their username and password to any other individual or third party.

16 / Website security
Whilst AUSWEB employs prorotective mechanisms to help protect against website vulnerabilities, it is the client's responsibility to maintain the security of their website scripts and to keep their web applications up to date to address vulnerabilites as they are recognised.

17/ Support
Technical support will only be provided to the authorised account holder or the authorised technical contact for an account as listed in our client billing area. The authorised account holder has the ability to add one additional technical contact to their account for the purpose of support only and the request for this contact to be added must be submitted in written form via our helpdesk. An authorised technical contact does not have the ability to request changes to be made to an account’s billing information, usernames or passwords.
All support requests must be submitted via our online helpdesk http://online.ausweb.com.au/ and include the appropriate identity information to determine the person submitting the request is authorised to submit such requests. All support requests will be replied within 72hours.

Installing, configuring, and troubleshooting third-party applications is outside the scope of support provided by AUSWEB.

Due to the quantity and evolving nature of software solutions, it is not feasible for us to keep up to date with every solution available. You are fully responsible for the installation and correct operation of any and all 3rd party scripts and applications. We will not provide any support relating to issues with 3rd party scripts or applications.

Escalation Procedures:
AUSWEB is committed to delivering high-quality products and support to our valued customers. All initial and escalated support enquiries must be formally submitted via the AUSWEB Client Area, online.ausweb.com.au. In the event that you need to escalate a case, our senior technical staff are ready and available to help you quickly bring your issue to closure.

18/ Reseller Support
Resellers are responsible for their own customers support issues. All support requests regarding a reseller's customers must only be made by the authorized reseller account holder themselves for security reasons.

19/ Insecure scripts
Ausweb places restrictions on certain types of script being installed on our servers due to security concerns. An example list of these scripts can be found here:
http://online.ausweb.com.au/clients/knowledgebase.php?action=displayarticle&id=87
If in doubt as to whether your script is suitable for a shared environment, contact us by email or phone.

20/ Server configuration and security upgrade policy

Server upgrades will need to be performed periodically. We will endeavour to provide at least one (1) week notice prior to scheduled updates. However, we reserve the right to perform emergency upgrades of our servers at any time to fix known vulnerabilities and secure our shared hosting environments.

21/ SPAM - ZERO TOLERANCE
If you send unsolicited email or cross post to Usenet newsgroups, you may be subject to immediate cancellation.
AUSWEB may cancel your account and terminate your services immediately, with no prior notice and no refund of unused service fees!
This policy is to promote proper Internet etiquette.

22/ Payment policies
All major credit cards are accepted.
Processing is done via 3rd party International Creditcard merchant.

Initial Fees
Payment of the setup fee and first period's charges are required for AUSWEB to activate your service.
Setup fees are non-refundable.
Fees for domain name setup, renewal, or transfer are non-refundable.

AUSWEB will notify you by email if the initial charge to your card is declined. A second attempt to bill the card will be made in three days. If the card is again declined and you have not provided alternate valid credit card information, AUSWEB will cancel your order. Please note that services will not be activated until payment is received.

Payment by check or direct deposit will only be allowed for payment periods 12 months or above . Service for check paying customers will only be activated after your check clears bank processing.

23/ Recurring Charges
You must pay for your service by the first day of each billing cycle. Billing cycles are based on when you initially signed up for service.

When paying by credit card, the client aggrees that AUSWEB automatically charge their credit card on the first day of the billing cycle . Your account will be suspended if three attempts to charge the card are declined.

24/ Pricing policy:
AUSWEB will not change your fees during the middle of your billing cycle. If fees change, they will go into effect the first day of your next billing cycle. If you signed up for AUSWEB under a special promotion and you change your services, the special promotion pricing will no longer be valid for your new services.AUSWEB may change package features and specifications at its discretion.

25/ INDEMNIFICATION
Customer agrees that it shall defend, indemnify, save and hold AUSWEB harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against AUSWEB, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless AUSWEB against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with AUSWEB's server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customer from AUSWEB's server.

26/ DISCLAIMER
AUSWEB will not be responsible for any damages customers or their enterprises may suffer. AUSWEB makes no warranties of any kind, expressed or implied for services we provide. AUSWEB disclaims any warranty, merchantability or fitness for a particular purpose. The includes loss of data resulting from delays, non-deliveries, wrong delivery, any and all service interruptions caused by AUSWEB and its employees. AUSWEB reserves the right to revise its policies at any time.

27/ LIMITATION OF LIABILITY
In no event shall AUSWEB be liable to customer for any damages resulting from, or related to, any failure or delay of AUSWEB in providing access to the internet under this agreement. AUSWEB makes no warranties of any kind, expressed or implied for services we provide. AUSWEB disclaims any warranty, merchantability or fitness for a particular purpose. In no event shall AUSWEB be liable to customer for any indirect, special or consequential damages or lost profits arising out of or related to this agreement, the performance or breach thereof, or the accuracy or correctness of databases or the information contained therein, even if AUSWEB has been advised of the possibility thereof. Any claim or legal action arising out of failure, malfunction or defects in AUSWEB services or goods, or arising from this contract in any respect, shall be brought within a period of one (1) year following the occurrence or said claim shall be deemed waived. AUSWEB's liability to customer hereunder, if any, shall in no event exceed the total amount customer paid to AUSWEB hereunder. AUSWEB will not be responsible for any damages suffered by customer in any way related to this agreement. This includes loss of data resulting from delays, non-deliveries, wrong deliveries, and any and all service interruptions caused by AUSWEB and its employees by its own negligence or customers errors or omissions. AUSWEB reserves the right to revise its policies at any time.

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