Last update: 29 June 2010
These are the definitions that apply to this agreement:
"Acceptable Use Policy" means the Host's policy of regulation of the manner of use of the hosting Services.
"Contract" means the contract to host the Web Sites as defined by this agreement.
"Hosting" means the provision of space in an electronic medium to enable access to the Web Sites by all the World.
"Price" means all of the prices set out in Schedule 1 to this contract.
"Schedule" means a schedule to this agreement.
"Servers" means the Host's servers and includes the Host's entire software and hardware installation and all plant and machinery that serves it.
"Services" means all of the services supplied under the terms of this agreement.
"the Customer" means you.
"the Host" means Webolution (previously operating as Tekhaus Web Solutions).
"Web sites" means all of the web sites of the Customer that the Customer places with the Host under the terms of this agreement.
This contract begins the instant you access our website through any protocol. This agreement is made between you and the Host.
For the Price and subject to the terms of this agreement and to the Customer's compliance with the Acceptable Use Policy the Host hereby agrees to provide the Services set out in Schedule 1.
With effect from today the Host and the Customer shall each nominate a representative who shall be authorised to make decisions relating to the Contract and who shall be responsible for all liaison between the Host and the Customer.
The Price shall include:
The Price shall be paid by monthly instalments recurring on the same day of the month each and every month in advance with the addition of GST.
No part of the Price shall be payable until the Host has submitted an invoice to the Customer for such part of the Price as is due. An invoice is deemed to have been submitted if it is logged as being sent by our Servers.
If payment is not received in the Host's bank or cleared into the Host's PayPal account by 3 days after the due date the Host may suspend the Services instantly, without notice. We reserve the right to exercise our discretion when cancelling the Services in light of past payment history. No account will be unsuspended temporarily to allow temporary access. To regain access to your account, your outstanding account must be paid in full, including any overdue fees.
In any case when payment is not made by due date additional sums will become due by the Customer to the Host as follows:
If the Host terminates this agreement because the Customer has not made a payment when due or because he has failed to give notice of cancellation then there will be due to the Host:
If the client account is unpaid after 14 days, the Host reserves the right to allow a debt collection agency to obtain information to recover the debt. Your information may also be given to legal practitioners and credit agencies if proceedings are initiated. All fees and charges incurred by these proceedings will be added to the overdue amount and are required to be paid by the Customer.
The Customer agrees that bandwidth and disk usage shall not exceed the data usage per month for the Services set out in the Schedule. If the Customer's usage exceeds the amount set out in the Schedule then the Host may in his discretion:
The Host shall give the Customer 7 days notice of his decision.
This agreement shall continue until terminated:
Any termination of this agreement by this paragraph shall be without prejudice to any other rights or remedies to which a party may be entitled.
The Customer is not entitled to a refund of any fees paid:
The parties are aware that in the course of the Contract they will each have access to and be entrusted with information in respect of the business and operation of the other and their dealings, transactions and affairs, all of which information is or may be confidential.
The parties hereby undertake for themselves and every employee or sub-contractor whose services they may use both during and after completion of the Contract that they will not divulge to any person whatever or otherwise make use of (and shall use their best endeavours to prevent the publication or disclosure of) any trade secret or confidential information.
Both the Host and the Customer hereby undertake to the other to make all relevant employees, agents and sub-contractors aware of the confidentiality of information and the provisions of this paragraph and to take all such steps as shall from time to time be necessary to ensure compliance by its employees agents and sub-contractors with these provisions.
Each of the Host and the Customer hereby undertakes one to the other that for the period of 12 months following completion of the Contract they will not directly or by an agent or otherwise and whether for themselves or for the benefit of any other person induce or endeavour to induce any officer or employee of the other to leave his employment.
The provisions of the last previous sub paragraph shall not apply to one of them if the other becomes subject to bankruptcy, receivership or liquidation proceedings.
The Customer undertakes to obtain all necessary licences to operate the Web Site and to indemnify the Host against all costs claims and expenses arising from any failure to do so.
The Host undertakes to obtain all necessary licences required to provide the Services and to indemnify the Customer against all costs claims and expenses arising from any failure to do so.
Abuse towards the Host (including staff and/or contractors) either directly or indirectly will not be tolerated under any circumstances. Abuse in this context is defined as swearing, insulting, aggression, threats, or any defamatory remarks or comments regarding the Host. The Host reserves the right to:
The Customer agrees to comply with the AUP set out in Schedule 2 as modified from time to time and notified to the Customer.
The Host will give the Customer 7 days notice of any change to the AUP.
The Host agrees that the AUP shall not be altered in such a way as to change any fundamental provision of this agreement nor to impose on the Customer an unreasonable or unduly expensive obligation.
If in the absolute discretion of the Host the Host believes the Customer has violated the Host's AUP, the Host shall notify the Customer of this by email. The Host may suspend service to the Customer pending further investigation.
If within 12 months of any violation, the Customer commits a second violation whether in a similar or different way then the Host will terminate part or all of the Services without notice.
In any case the Host may suspend all the Services without notice if the Host reasonably believe the circumstances justify this to protect themselves or others or to comply with any law. In making the decision to suspend the Host are not obliged to consider the cost or damage to the Customer that may be caused by suspension of the Services to the Customer.
Money will not be refunded to the Customer in respect of any period during which Services are suspended.
The Customer agrees that he will not, and will not allow any other person to, violate or attempt to violate any aspect of the security of the systems of the Host.
The Customer understands that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.
Examples of violations are:
The Customer agrees to indemnify the Host against all costs claims and expense arising directly or indirectly from:
Provided that the Host:
The Customer shall reimburse the Host his reasonable costs incurred in complying with the above provisions and for the purpose of this paragraph the Customer agree that the cost of our management and technical time is properly recoverable and can reasonably be valued at $66 per hour incGST without further proof.
The Customer undertakes to provide to the Host the Customer's current land address, email address, fax and telephone numbers as often as they are changed. All communication to the Customer will be sent to the address used when signing up, or the subsequent official email address is notification of the change to the Host has occurred.
If it is necessary for the Host to interrupt the Services and the Host reasonably believes the prospective duration of down-time does not justify telling the Customer in advance, then he need not do so.
If notice of prospective down-time is given by the Host he shall in his discretion give whatever period of notice he believes is reasonable.
The Customer acknowledges that the Services may also be interrupted for reasons beyond the control of the Host.
The Customer agrees that the Host is not liable to him for any loss whether foreseeable or not, arising as a result of interruption to the Services.
The Customer agrees that the Host may disclose the Customer's information including assigned IP numbers, account history, account use, etc. to any judicial or proper legal authority who makes a written request without further consent or notification to the Customer.
The Host does not represent that the Services are suitable for the Customer's use.
The Customer acknowledges that in entering into this agreement he has not relied on any representation or other information not contained in this agreement.
The Host accepts no responsibility for:
The following provisions set out the Host's entire liability (including any liability for the acts and omissions of its employees) to the Customer in respect of:
Any act or omission on the part of the Host falling within this paragraph shall be known as an 'Event of Default'.
The Host's entire liability in respect of any Event of Default shall be limited to damages of an amount equal to the total Price paid or payable by the Customer for this Contract for one year.
The Host shall not be liable to the Customer in respect of any Event of Default for loss of profits goodwill or any type of special indirect or consequential loss (including loss or damage suffered by the Customer as a result of an action brought by a third party) even if such loss was reasonably foreseeable or the Host had been advised of the possibility of the Customer incurring the same.
If a number of Events of Default give rise to substantially the same loss then they shall be regarded as giving rise to only one claim under this agreement.
The Customer hereby agrees to give the Host not less than 24 hours in which to remedy any Event of Default hereunder.
Nothing in this paragraph shall confer any right or remedy upon the Customer to which he would not otherwise be legally entitled.
The Host shall not be liable to the Customer for loss arising from or in connection with any representations agreements statements or undertakings made prior to the date of this agreement.
The Host is under no obligation to monitor or record the activity of any customer for any purpose, nor does the Host assume any responsibility through its AUP or otherwise to monitor or police Internet-related activities.
Admittance to the premises of the Host shall be in the sole discretion of the Host and subject to whatever terms he shall from time to time impose.
The Host shall not be responsible for the actions of the Customer at the Host's premises.
Neither party shall be liable for any breach of its obligations resulting from causes beyond its reasonable control including strikes of its own employees.
Each of the parties agrees to give notice immediately to the other upon becoming aware of an event of force majeure such notice to contain details of the circumstances giving rise to it.
If a default due to force majeure shall continue for more than 6 weeks then the party not in default shall be entitled to terminate this agreement. Neither party shall have any liability to the other in respect of the termination of this agreement as a result of force majeure.
The benefit and obligations of this agreement shall be binding on any successor in title.
Neither party shall be entitled to assign this agreement nor all or any of their rights and obligations hereunder without the prior written consent of the other.
The Customer shall not permit any part of the benefit of this agreement to be used by any other person except a person to whom the Web Sites have been sold or transferred.
Each sub paragraph in this agreement is independent and severable from each other paragraph and enforceable accordingly. If any restriction is unenforceable for any reason but would be enforceable if part of the wording were deleted, it will apply with such deletions as may be necessary to make it valid and enforceable.
Any notice to be served on either of the parties by the other shall be sent by Australia post or pre paid recorded delivery or by facsimile and shall be deemed to have been received by the addressee within 72 hours of posting or 24 hours if sent by facsimile to the correct number.
The headings in this document are for reference only.
In the event of a dispute arising out of or in connection with this Contract and which has not been resolved following discussions and negotiations between a person or persons appointed or authorised by the Customer and the Host then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
The failure by either party to enforce at any time or for any period any one or more of the terms or conditions of this Contract shall not be a waiver of them or of the right at any time subsequently to enforce all terms and conditions of this Contract.
This Contract shall be interpreted according to the laws of Australia in addition to the specific stae laws.
I have read and understood the Host's terms and conditions, and I agree
that they form part of the contract between us. If I am under the age of 18
years, I confirm that I have brought the terms and conditions to the notice
of my parent or guardian, and that person has agreed that I may join
As per the plan you selected when signing up.
All prices quoted are in Australian dollars (AUD) and include GST.
Pricing and stock availability is subject to change without notice.
The following material may not be stored on the Host's servers:
The Customer may not share, let or sub-license space on the Servers. (Except as an authorised reseller).
The Customer may not:
The following activities are prohibited on shared server facilities. If the Customer wishes to be able to engage in these activities, a dedicated server must be ordered. Prohibited activities are:
The Host will decide in his absolute discretion what constitutes a violation of this provision.
Multiple Connections within a single dial-up access account are prohibited except with written permssion for the Host.
The Host may in his absolute discretion arrange for the automatic disconnection of vacant lines.
Disconnection is likely after the following periods:
E-mailings of more than 500 sends per hour are prohibited. Customers are asked to send all mass mailings between 3:00AM and 8:00AM AEST.
We kindly ask that you read our support policy and follow the proper procedures detailed when requesting support from us.
The official method of support for Webolution clients is email. Existing clients should log in to the client section to submit a support ticket. As an alternative when you are not able to log in to the client section, existing clients can send an email directly to support@webolution.com.au. Email support requests sent to any other address may go unanswered as they are not official means of requesting support.
Email support will be answered in the order it is received and is always put before any phone support. Before providing support, we may ask you to verify some account details to ensure you are authorised to act on the account.
Our telephone number is for sales enquiries only and will not be used for technical support under any circumstances.
Webolution does not provide technical support for scripts that are not developed by Webolution. This includes all scripts included with Fantastico and other installation tools provided in the domain control panel.
Webolution will not provide support for clients of our resellers. Any client of a reseller that contacts Webolution for support will be directed back to the reseller in all cases. In exceptional circumstances, Webolution may choose to provide support if you unable to at a fee of $33 per support request.
Webolution respects your privacy and is committed to the protection of it. This privacy policy explains why and when we collect your personal information, and what use we make of that information.
Webolution collects the information you give us either online or by email, post, facsimile, face to face, over the phone or through our reseller channel, including wholesalers and partners. In most cases, the personal information Webolution will collect from you is the personal information we are required to obtain and pass on to the relevant registry when you apply to register a domain name with or transfer a domain name to Webolution. This information includes your full name, mailing address, phone number, email address and where applicable, your facsimile number.
Webolution also collects your payment details from you when you apply to register a domain name, such as your credit card number or bank account details.If you purchase a digital certificate through us, we are required by the provider of those certificates to collect personal information from you to pass back to that provider. We will also collect your payment details from you such as your credit card number or bank account details.
Webolution makes limited use of cookies on our websites. A cookie is a small message given to your web browser by our web server. The browser stores the message, and sends the message back to the server each time you request a page from the server.
In addition to cookies, Webolution servers register the type of web browser you are using and your IP address when you access our website.
Any information which you supply to Webolution will be not be shared with any external entities unless they are engaged for service with Webolution.
Webolution will not sell, rent, share or release any of your information to any other individual, entity or third party, for any reason, without the your specific written consent; with exception as required by law, regulation, governmental authority.
The copyright of all policies and the contents of each policy on this website is owned by Webolution. Any unauthorised copying, dissemination, printing, extracting, archiving, saving, indexing, or publicly or privately broadcasting of any of the policies or their contents is strictly prohibited unless written authorisation has been issued.
The product images used on this website are for illustration purposes only and may vary from the product description. All brands, product images and names are trademarks of their respective companies.
