AusTiger Hosting Terms & Conditions

AusTiger Hosting agrees to host a web site for you on the Internet (the “service”). The provision of the service by AusTiger Hosting and your obligations in receiving the service are completely set out in this agreement (the “Agreement”). This Agreement is a continuing agreement on a monthly basis.

AusTiger Hosting may vary the terms of this Agreement at any time by giving you one month’s notice. You cannot impose on AusTiger Hosting any terms or conditions outside this Agreement. Where this Agreement refers to a party giving notice or requesting information, that means a written notice or request hand delivered or delivered by mail or facsimile. The laws of New South Wales apply to this Agreement.

 

AusTiger Hosting will Provide

AusTiger Hosting will endeavour to provide the service on a continuous basis 24 hours a day, 7 days a week from Australian based servers. However, you understand that factors including failure of AusTiger Hosting’s hardware, software, power supply or telecommunications link could result in the service being unavailable. The service may also be unavailable from time to time (“outage”) due to emergency or scheduled maintenance by AusTiger Hosting. In the case of scheduled outage, AusTiger Hosting will publish expected outage times and duration and will, if requested by you, e-mail this information to you. You acknowledge that at times congestion of parts of the Internet will mean the service is more limited than at other times or temporarily not available for access by you or other users of the Internet. You acknowledge that temporary unavailability of the service for these and any other reasons is not a breach of this Agreement by AusTiger Hosting.

 

Information and Content

You are solely responsible for the selection, dissemination and use of information made available via the service. AusTiger Hosting does not control or edit the content of information available in connection with the service in any way. You understand that some information may be offensive to, or leave you liable to, claims by other parties in Australian or other jurisdictions. You understand that making available some information may be illegal in Australian or other jurisdictions. AusTiger Hosting does not accept, and excludes to the fullest extent it is legally able to do so, all responsibility and liability for information accessed through your Web site. You accept all responsibility and liability for information accessed through your Web site. You understand that the service and the Internet may not be secure or confidential and that information may be intercepted or read or interfered with by an unauthorised person. You are responsible for the selection and use of any security features in relation to internet transmissions. AusTiger Hosting is not responsible for any disclosure of confidential information occurring through the service. You acknowledge that there is potential risk of damage to your software, hardware or stored information through computer malfunctions, viruses or worms, to which your computer may be exposed through provision of the service. AusTiger Hosting is not responsible for any damage suffered as a result of exposure to these or other potential dangers. You are responsible for maintaining back-up copies of stored information. You are responsible for the initiation and maintenance of any security features, software or procedures to minimise these types of risks. Except where this Agreement states otherwise, AusTiger Hosting excludes all warranties (whether express, implied or statutory) relating in any way to the service to the fullest extent it is legally able to do so. AusTiger Hosting’s liability for breach of any warranty implied into this agreement by statute which cannot be excluded is limited to the supply of the service again or, at AusTiger Hosting’s option, to payment of the costs of having the service supplied again.

 

The Hosting Service

AusTiger Hosting will provide you the use of a server connected to the Internet to host your web site. You must not exceed the Disk Space or do anything which, in the reasonable opinion of AusTiger Hosting, causes a detrimental effect to any other general computing resources provided by AusTiger Hosting to operate the Web Server (“resources”), and if you do, AusTiger Hosting may (in addition to any other rights it may have under this Agreement) limit the Space to the amount specified, or limit the resources.

You will be responsible for all charges incurred in relation to your Space and any misuse of the Space. This liability applies whether it was you, a person authorised by you or an unauthorised person using your Space. You will be responsible for designing, loading and maintaining any content of your Web site. You are not permitted to transfer or resell your rights to use the service, any parts of your space or any other rights conferred on you by this Agreement.

AusTiger Hosting shall provide an ongoing support allocation inclusive in its regular ongoing costs with limits as defined under the FAIR USE, REPUDIATORY CONDUCT AND DISPUTES clauses of this Agreement. Any support incidents raised beyond the terms of the FAIR USE, REPUDIATORY CONDUCT AND DISPUTES clauses will be charged at a rate of $175 per hour including GST. AusTiger Hosting will waive charges for support at its discretion. The client will not be charged for any support incidents determined by AusTiger Hosting to be attributable to a problem with the underlying hosting infrastructure or an error on the part of AusTiger Hosting.

AusTiger Hosting reserves the right to decline the provision of technical support if a Client has unpaid hosting, or other outstanding amounts for which payment has not yet been received.

 

Hosting Plan Overuse

If, per calendar month, you exceed your current hosting plan limits for either disk space or bandwidth an overuse fee will be applied as follows: 1.8 cents per megabit of bandwidth and 5 cents per megabyte of disk space.  Any applicable overuse will be invoiced at the conclusion of each calendar month.

If you receive an overuse invoice and would prefer to upgrade your hosting plan instead of paying for the overuse, please contact us and a suitable plan upgrade will be offered.  This plan upgrade will be applied retrospectively to cover the period of overuse and a new invoice will be sent reflecting this change.

 

Method of Payment

The client warrants to AusTiger Hosting and agrees to:-
 
Pay AusTiger Hosting in full, in advance, at all times. No service will commence until payment has been received.
 
Execute all documentation necessary to allow AusTiger Hosting to directly debit from the Client’s credit card or bank account monthly charges for all and any products and/or work undertaken by AusTiger Hosting for the Client.
 
Availability of funds:
  • Ensure that valid credit card details or direct debit are supplied to AusTiger Hosting prior to the first of each calendar month, with sufficient funds to make payment to AusTiger Hosting for any monies due and owing.
  • Should payment not be made by or on the due date of invoice, AusTiger Hosting reserve the right to suspend any and all services and at its discretion charge a reactivation fee of $299 before reinstating these services.
Should payment of any recurring monthly fees be declined where follow up from our Accounts Team is required for 2 or more consecutive months, AusTiger Hosting reserve the right to charge the Client 12 months of monthly fees in advance, in addition to a $99 administration fee for alterations made to the account.
 
Make payment upon receipt of a tax invoice from AusTiger Hosting for all charges including but not limited to website hosting and technical support, which shall all be charged in advance.
 
Make payments to AusTiger Hosting upon receipt of a tax invoice from AusTiger Hosting for excess charges for data or storage which shall be charged in arrears.
 
Make payments punctually on the first of each calendar month in accordance with the billing periods which shall be based on calendar months.
 
In the event the client is a corporation, the directors of the client agree to be parties to this Agreement and guarantee the performance of the client and further agree to assume each and every liability and obligation of the client pursuant to this Agreement in the event of and as and when the directors of the client are called upon to do so for whatever reason. The obligations of the directors of the client include but are not limited to the payment of any and all tax invoices rendered to the client by AusTiger Hosting.
 
The client agrees to advise AusTiger Hosting of any change of contact details. AusTiger Hosting will not be liable for any consequences of tax invoices or other notices or documentation being sent to incorrect addresses as a result of a failure of the client to provide notice of a change of said details.
 
You authorise AusTiger Hosting to provide your name, address and other information identifying you to any person or government or other authority if required to do so by law, or in circumstances where, in the reasonable opinion of AusTiger Hosting, disclosure is necessary to protect AusTiger Hosting against any actual or potential claim by another person which may, in the reasonable opinion of AusTiger Hosting, cause loss or damage to AusTiger Hosting.

 

Ending the Agreement

Either you or AusTiger Hosting may end this Agreement by giving one month’s notice to the other. AusTiger Hosting may also end this Agreement and the provision of the service immediately and without prior notice to you if you breach any provision of this Agreement or if it reasonably considers you have misused the service.

Where you have chosen a discounted rate for your hosting plan related to a time period, e.g. annually in advance, cancellation of your plan during that period will not result in the application of a credit or payment of a refund for the remaining period.

 

Acceptable Use Policy

You are solely responsible for the selection, dissemination and use of information made available via the service. AusTiger Hosting does not control or edit the content of information available in connection with the service in any way. You understand that some information may be offensive to, or leave you liable to, claims by other parties in Australian or other jurisdictions. You understand that making available some information may be illegal in Australian or other jurisdictions.

The Client warrants to AusTiger Hosting that it is the lawful owner of or has permission from the lawful owner to publish all intellectual property published on its website that it has requested AusTiger Hosting to host.

AusTiger Hosting does not accept, and excludes to the fullest extent it is legally able to do so, all responsibility and liability for information accessed through your Web site. You accept all responsibility and liability for information accessed through your Web site. You understand that the service and the Internet may not be secure or confidential and that information may be intercepted or read or interfered with by an unauthorised person.

You are responsible for the selection and use of any security features in relation to internet transmissions. AusTiger Hosting is not responsible for any disclosure of confidential information occurring through the service. You acknowledge that there is potential risk of damage to your software, hardware or stored information through computer malfunctions, viruses or worms, to which your computer may be exposed through provision of the service.

AusTiger Hosting is not responsible for any damage suffered as a result of exposure to these or other potential dangers. You are responsible for maintaining back-up copies of stored information. You are responsible for the initiation and maintenance of any security features, software or procedures to minimise these types of risks. Except where this Agreement states otherwise, AusTiger Hosting excludes all warranties (whether express, implied or statutory) relating in any way to the service to the fullest extent it is legally able to do so.

AusTiger Hosting’s liability for breach of any warranty implied into this agreement by statute which cannot be excluded is limited to the supply of the service again or, at AusTiger Hosting’s option, to payment of the costs of having the service supplied again.

You must not use the service in any way which might interfere with, disrupt or impair the Internet, the service, the equipment or access to the service by other users.

You must not transmit or disseminate on the Internet any viruses or worms. You must not transmit or disseminate on the Internet any material that is harassing or threatening or any material that is defamatory. You must not use the Internet or the service for any illegal purpose, transmit information illegally or do any act which is illegal under any law. You must not do anything which will or may constitute an infringement of copyright.

You must not make available any information which will or may leave AusTiger Hosting liable to any civil or criminal penalty or any claim by any person or which may cause loss or damage to AusTiger Hosting or to any person.

AusTiger Hosting may notify you from time to time of operating rules relating to use of the service. You agree you will observe these rules. Failure to do so will be a breach by you of the Agreement entitling AusTiger Hosting to immediately terminate the Agreement and the service.

You acknowledge that you will be liable for any damage caused by any breach of this Agreement by you or anyone else using your Web site. You indemnify AusTiger Hosting against any claims by any other party arising out of your actions or the actions of someone using your Web site.

This indemnity includes, without limitation, claims as a result of the transmission or propagation of any illegal, fraudulent or offensive material by you or another person using your account. The indemnity also includes claims as a result of any use of the service or action which infringes the copyright or other intellectual property rights of any other party.

In the event that the client, in allowing AusTiger Hosting to host its website breaches any law of but not limited to any State or Territory of the Commonwealth of Australia and/or the Commonwealth of Australia, AusTiger Hosting may terminate this Agreement without prejudice to the rights of AusTiger Hosting to seek one or all of compensation damages indemnities relating to liability incurred as a result of the client’s aforementioned breaches.

 

Fair Use, Repudiatory Conduct and Disputes

AusTiger Hosting does not apply fixed limits to the amount of support we give to our clients. The client understands that AusTiger Hosting must ensure it is able to provide quality service to all its clients, and that no clients should be disadvantaged by the behaviour of others.  
 
The client agrees not to engage in excessive contact, which includes but is not limited to:
  • Repeatedly asking for assistance with matters outside AusTiger Hosting’s control, responsibility, or remit, after AusTiger Hosting has advised the client that this is the case, including but not limited to: basic computer assistance, business advice or other technical assistance not related to AusTiger Hosting’s services.
  • Repeatedly and unreasonably asking for assistance with matters with which AusTiger Hosting has previously provided training. The client agrees to endeavour to understand the training they are provided.
  • Excessive phone calls or emails to the extent that it has a detrimental impact on our ability to service our other clients.
  • Demands for assistance with non-urgent matters outside of AusTiger Hosting’s support hours where urgency is determined at the sole discretion of AusTiger Hosting.
If AusTiger Hosting determines that the client is engaging in excessive contact, it will provide written notice to the client of this determination, and the client agrees that AusTiger Hosting at its sole discretion may as a result undertake any or all of the following actions:
  • Apply a restriction on contact time permitted with the client
  • Invoice the client for all or a portion of time spent on the phone, responding to emails and support tickets, and any other undertakings required to service the client
  • Suspend and/or terminate the client’s provision of services, not before a third warning has been given. Warnings may not be given any more frequently than every seven days.
AusTiger Hosting agrees that notices of excessive contact must be provided within 30 days of said excessive contact and the determination can only be made on the basis of activity within the 90 days preceding the date the notice is issued.
 
The client agrees that any dispute it wishes to make to a notice of excessive contact must be provided in writing to AusTiger Hosting within 14 days of the issue of the notice.
 
The client agrees not to engage in repudiatory conduct, which includes but is not limited to:
  • Abusive behaviour towards staff, agents, partners or directors of AusTiger Hosting, which includes threatening behaviour and/or speech
  • Defamation of staff, agents, or directors of AusTiger Hosting, or of AusTiger Hosting or related businesses
The client agrees that in instances of repudiatory conduct, AusTiger Hosting is entitled to immediately terminate this agreement without prejudice to its rights to seek one or all of compensation, damages, or indemnities relating to the conduct.

 

Your Identity

You warrant the name and address and other identification details you provide to AusTiger Hosting are correct. You must notify AusTiger Hosting if any of these details change. You authorise AusTiger Hosting to provide your name, address and other information identifying you to any person or government or other authority if required to do so by law, or in circumstances where, in the reasonable opinion of AusTiger Hosting, disclosure is necessary to protect AusTiger Hosting against any actual or potential claim by another person which may, in the reasonable opinion of AusTiger Hosting, cause loss or damage to AusTiger Hosting.

 

Your Liability

You acknowledge that you will be liable for any damage caused by any breach of this Agreement by you or anyone else using your Web site. You indemnify AusTiger Hosting against any claims by any other party arising out of your actions or the actions of someone using your Web site. This indemnity includes, without limitation, claims as a result of the transmission or propagation of any illegal, fraudulent or offensive material by you or another person using your account. The indemnity also includes claims as a result of any use of the service or action which infringes the copyright or other intellectual property rights of any other party.

 

Costings

AusTiger Hosting charges all fees upfront, in advance. Payment of website hosting and support fees are charged on the 1st of each calendar month, and payable via automatic credit card payment processing or direct debit only.  For Clients wishing to pay via direct deposit an invoice will be issued to the Client no less than 7 days before the due date. Any unpaid invoices will result in the suspension of all services. Credit Card transactions will attract a 1.5% payment processing fee.

AusTiger Hosting reserves the right to increase ongoing fees related to the hosting and technical support of Client websites. Annual price increases will occur on 1 July each year in accordance with the most current CPI, with any increases outside of this to be notified to the Client at least 30 days prior.

 

Credit Card Payments

By filling out and submitting our online hosting application form, you are requesting Telligence Incorporating AusTiger Hosting, until further notice in writing, to debit the supplied credit card account, with any amounts Telligence Incorporating AusTiger Hosting may debit or charge you in regards to your account.

All credit card payments will attract a 1.5% merchant processing fee.

 

Direct Debit Payments

1. Debiting your account

1.1 By signing a Direct Debit Request or by providing us with a valid instruction, you have authorised us to arrange for funds to be debited from your account.  You should refer to the Direct Debit Request as shown below for the terms of the arrangement between us and you.
 1.2 We will only arrange for funds to be debited from your account if we have sent to the email address nominated by you in the Direct Debit Request, a billing advice which specifies the amount payable by you to us and when it is due.
 1.3 If the debit day falls on a day that is not a banking day, we may direct your financial institution to debit your account on the following banking day. If you are unsure about which day your account has or will be debited you should ask your financial institution.

2. Amendments by us

2.1 We may vary any details of this agreement or a Direct Debit Request at any time by giving you at least fourteen (14) days written notice.

3. Amendments by you

3.1 You may change*, stop or defer a debit payment, or terminate this agreement by providing us with at least fourteen (14 days) notification by writing to:

accounts@telligence.com.au

or

Telligence Pty Ltd
14 / 56 Industrial Drive
Mayfield East NSW 2304

or

arranging it through your own financial institution, which is required to act promptly on your instructions.

*Note: in relation to the above reference to ‘change’, your financial institution may ‘change’ your debit payment only to the extent of advising us Telligence Pty Ltd your new account details.

4. Your obligations

4.1 It is your responsibility to ensure that there are sufficient clear funds available in your account to allow a debit payment to be made in accordance with the Direct Debit Request.
 4.2 If there are insufficient clear funds in your account to meet a debit payment:
 (a) you may be charged a fee and/or interest by your financial institution;
 (b) you may also incur fees or charges imposed or incurred by us; and
 (c) you must arrange for the debit payment to be made by another method or arrange for sufficient clear funds to be in your account by an agreed time so that we can process the debit payment.
 4.3 You should check your account statement to verify that the amounts debited from your account are correct

5 Dispute

5.1 If you believe that there has been an error in debiting your account, you should notify us directly on (02) 4967 7255 and confirm that notice in writing to accounts@telligence.com.au as soon as possible so that we can resolve your query more quickly. Alternatively you can take it up directly with your financial institution.
 5.2 If we conclude as a result of our investigations that your account has been incorrectly debited we will respond to your query by arranging for your financial institution to adjust your account (including interest and charges) accordingly. We will also notify you in writing of the amount by which your account has been adjusted.
 5.3 If we conclude as a result of our investigations that your account has not been incorrectly debited we will respond to your query by providing you with reasons and any evidence for this finding in writing.

6. Accounts You should check:

 (a) with your financial institution whether direct debiting is available from your account as direct debiting is not available on all accounts offered by financial institutions.
 (b) your account details which you have provided to us are correct by checking them against a recent account statement; and
 (c) with your financial institution before completing the Direct Debit Request if you have any queries about how to complete the Direct Debit Request.

7. Confidentiality

7.1 We will keep any information (including your account details) in your Direct Debit Request confidential. We will make reasonable efforts to keep any such information that we have about you secure and to ensure that any of our employees or agents who have access to information about you do not make any unauthorised use, modification, reproduction or disclosure of that information.
 7.2 We will only disclose information that we have about you:
 (a) to the extent specifically required by law; or
 (b) for the purposes of this agreement (including disclosing information in connection with any query or claim).

8. Notice

8.1 If you wish to notify us in writing about anything relating to this agreement, you should write to

accounts@telligence.com.au

or

Telligence Pty Ltd
14 / 56 Industrial Drive
Mayfied East NSW 2304

8.2 We will notify you by sending a notice by email to the address you have given us in the Direct Debit Request.
8.3 Any notice will be deemed to have been received on the third banking day after posting.

 

END OF TERMS AND CONDITIONS