Australian Web Hosting, VPS, Dedicated Servers, ASP.NET

Terms of Service

Last update: 15 January 2016

Privacy Policy

1. We respect your privacy

1.1. Webolution respects your right to privacy and is committed to safeguarding the privacy of our customers and website visitors. We adhere to the National Privacy Principles established by the Privacy Act 1988 (Cth). This policy sets out how we collect and treat your personal information.

1.2. "Personal information" is information we hold which is identifiable as being about you.

2. Collection of personal information

2.1. Webolution will, from time to time, receive and store personal information you enter onto our website, provide to us directly or give to us in other forms.

2.2. You may provide basic information such as your name, phone number, address and email address to enable us to send information, provide updates and process your product or service order. We may collect additional information at other times, including but not limited to, when you provide feedback, when you provide information about your personal or business affairs, change your content or email preference, respond to surveys and/or promotions, provide financial or credit card information, or communicate with our customer support.

2.3. Additionally, we may also collect any other information you provide while interacting with us.

3. How we collect your personal information

3.1. Webolution collects personal information from you in a variety of ways, including when you interact with us electronically or in person, when you access our website and when we provide our services to you. We may receive personal information from third parties. If we do, we will protect it as set out in this Privacy Policy.

4. Use of your personal information

4.1. Webolution may use personal information collected from you to provide you with information, updates and our services. We may also make you aware of new and additional products, services and opportunities available to you. We may use your personal information to improve our products and services and better understand your needs.

4.2. Webolution may contact you by a variety of measures including, but not limited to telephone, email, sms or mail.

5. Disclosure of your personal information

5.1. We may disclose your personal information to any of our employees, officers, insurers, professional advisers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes set out in this Policy. Personal information is only supplied to a third party when it is required for the delivery of our services.

5.2. We may from time to time need to disclose personal information to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, in the course of a legal proceeding or in response to a law enforcement agency request.

5.3. We may also use your personal information to protect the copyright, trademarks, legal rights, property or safety of Webolution, https://www.webolution.com.au, its customers or third parties.

5.4. Information that we collect may from time to time be stored, processed in or transferred between parties located in countries outside of Australia. These may include, but are not limited to Australia and USA.

5.5. If there is a change of control in our business or a sale or transfer of business assets, we reserve the right to transfer to the extent permissible at law our user databases, together with any personal information and non-personal information contained in those databases. This information may be disclosed to a potential purchaser under an agreement to maintain confidentiality. We would seek to only disclose information in good faith and where required by any of the above circumstances.

5.6. By providing us with personal information, you consent to the terms of this Privacy Policy and the types of disclosure covered by this Policy. Where we disclose your personal information to third parties, we will request that the third party follow this Policy regarding handling your personal information.

6. Security of your personal information

6.1. Webolution is committed to ensuring that the information you provide to us is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.

6.2. The transmission and exchange of information is carried out at your own risk. We cannot guarantee the security of any information that you transmit to us, or receive from us. Although we take measures to safeguard against unauthorised disclosures of information, we cannot assure you that personal information that we collect will not be disclosed in a manner that is inconsistent with this Privacy Policy.

7. Access to your personal information

7.1. You may request details of personal information that we hold about you in accordance with the provisions of the Privacy Act 1988 (Cth). A small administrative fee may be payable for the provision of information. If you would like a copy of the information which we hold about you or believe that any information we hold on you is inaccurate, out of date, incomplete, irrelevant or misleading, please email us at admin@webolution.com.au

7.2. We reserve the right to refuse to provide you with information that we hold about you, in certain circumstances set out in the Privacy Act.

8. Complaints about privacy

8.1. If you have any complaints about our privacy practices, please feel free to send in details of your complaints to PO Box 3322, Merewether, NSW 2291, Australia. We take complaints very seriously and will respond shortly after receiving written notice of your complaint.

9. Changes to Privacy Policy

9.1. Please be aware that we may change this Privacy Policy in the future. We may modify this Policy at any time, in our sole discretion and all modifications will be effective immediately upon our posting of the modifications on our website or notice board. Please check back from time to time to review our Privacy Policy.

10. Website

10.1. When you come to our website (https://www.webolution.com.au) we may collect certain information such as browser type, operating system, website visited immediately before coming to our site, etc. This information is used in an aggregated manner to analyse how people use our site, such that we can improve our service.

10.2. We may from time to time use cookies on our website. Cookies are very small files which a website uses to identify you when you come back to the site and to store details about your use of the site. Cookies are not malicious programs that access or damage your computer. Most web browsers automatically accept cookies but you can choose to reject cookies by changing your browser settings. However, this may prevent you from taking full advantage of our website.

10.3. Our website may from time to time use cookies to analyses website traffic and help us provide a better website visitor experience. In addition, cookies may be used to serve relevant ads to website visitors through third party services such as Google Adwords. These ads may appear on this website or other websites you visit.

10.4. Our site may from time to time have links to other websites not owned or controlled by us. These links are meant for your convenience only. Links to third party websites do not constitute sponsorship or endorsement or approval of these websites. Please be aware that Webolution is not responsible for the privacy practises of other such websites. We encourage our users to be aware, when they leave our website, to read the privacy statements of each and every website that collects personal identifiable information.

15 January 2016

Support Policy

We kindly ask that you read our support policy and follow the proper procedures detailed when requesting support from us. It allows us to fairly serve all customers should the need arise.

The official method of support for Webolution clients is via 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 to our support address will only be accepted from email addresses listed in your clientarea account. If you're email address is not working, please use the clientarea to submit a ticket - it does not require your email address to be working to submit a ticket. If you do not know your password and your email is not working, please submit a message through the contact us page form or call us with FULL details of the issue and provide an alternative email address for contact.

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. This is to ensure all support is documented and from an authorised account contact.

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. We may on occasion provide assistance for scripts, however we are under no obligation to do so and support is provided at our absolute discretion.

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.

Web Site Hosting Agreement

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 the business operating as the registered business name "Webolution" or "webolution.com.au".

"Web sites" means all of the web sites of the Customer that the Customer places with the Host under the terms of this agreement.

These are the agreed terms

This contract begins the instant you pay your first invoice with the Host. This agreement is made between you and the Host.

Summary of agreement

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.

Representative liaison

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.

Price and Payment

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.

No access (FTP, Control Panel, SSH or by any other means) will be given to the Service until any and all invoices in your client account that are outstanding are paid in full.

Late payment surcharge

If payment is not received in the Host's bank or cleared into the Host's PayPal account by 4 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.

Bandwidth and disk usage

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.

Backup

It is the Customer's sole responsibility to maintain regular off-site backups of their data. The Customer will not hold the Host liable for incomplete, out of date, corrupt or otherwise incomplete data recovered from backups and archives.

We backup most services for the purpose of disaster recovery, however this is for internal use by the Host and the Host makes no assertions this data is fit for any use.

In the event of hard disk failure or data corruption of any service we offer, we will restore data from the last known verified archive. If all backup and archived data appears to be corrupt, the Customer should be prepared to upload all of their data to their Service from their own copy or an off-site backup, including all files, mailboxes, DNS and/or any other type of data stored on the Service. The Customer will not hold the Host liable for incomplete, out of date, corrupt or otherwise incomplete data recovered from backups and archives.

If the Customer requires the Host to supply a backup of their data for an active Service, for any reason or purpose that is not the direct fault of the Host, a fee of $55.00 per Service will be payable by the Customer before the data will be made available. Services in a suspended or terminated state are not considered an active Service. The Host is under no obligation to maintain a backup of the Customer's data following the cancellation of the Service by the Customer nor by the result of Service termination.

If a web hosting or VPS Service is suspended or terminated for any reason, the Host is under no obligation to provide the Customer with a copy of any data associated with the Service. The Host may provide the customer with a backup of the data, if it is available, for a fee of $220.00.

Duration and termination

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. Termination of this agreement does not constitute a waiver of outstanding invoices. Outstanding invoices will be forwarded to a debt collection company of our choice, and any fees associated with the collection of outstanding monies will be added to the liability of the Customer.

No refund

The Customer is not entitled to a refund of any fees paid. At the Host's absolute discretion, under extraordinary circumstances the Host may provide a pro-rata refund for prepaid services. The Host will not provide any refunds:

Confidentiality

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.

Third party software rights

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 / Defamation

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:

Acceptable Use Policy ("AUP")

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.

System and network security

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 indemnifies Host

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.

Customer contact details

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.

Interruption to the Service

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.

Privacy policy exception

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.

Host's disclaimer

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:

Limitation of liability

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:

and the Customer's attention is drawn to these provisions

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.

No duty to monitor

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.

Visitors to Host site

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.

Force majeure

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.

Successors to the agreement

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.

Contract is divisible

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.

Notices

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.

Headings

The headings in this document are for reference only.

Dispute Resolution

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.

Waiver

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.

Jurisdiction

This Contract shall be interpreted according to the laws of Australia in addition to the specific stae laws.

Acceptance

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

Schedule 1 The Services and Prices

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.

Schedule 2 The Acceptable Use Policy

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.

Service Level Agreement - If Contracted

This Service Level Agreement (SLA) applies only to those contracts whereby an SLA is specified by the Host. It does not apply to any service provided to the Customer unless clearly specified.

This agreement sets out the minimum level of service that the Host is required to meet and the corresponding penalties and compensation to customers for not meeting such levels. Our objective is to provide a continuously operating service that is well beyond the minimum levels specified.

The guaranteed up-time for network services is 99.9% each month.

All support requests will be handled as soon as possible in accordance with our support policy. The target time to action all support requests is within 30 minutes. For unmanaged services, requests for support that fall outside the scope of keeping a service online (power and network), requests will be processed as soon as possible. Target time to complete such requests is within 2 workings days of receipt.

All Network services are continuously monitored to ensure rapid response to any faults, which may occur. Monitoring is carried out on all primary services. Monitoring feedback is provided to technical support staff 24 hours, 7 days.

The service level guarantee (based on up-time) will be measured by the Host and its determination is final. If the Host determines that primary services were unavailable (excluding scheduled outages and those caused by customers or third parties) for period exceeding the maximum allowable under the prescribed up-time guarantee, and extending for a continuous duration of 1 hour or more per instance, upon the customers request, the Host will credit the customers monthly invoice the pro rated charges of one (1) day of the Host's services fee for each consecutive hour of applicable downtime, up to a maximum of 30 days per month. To receive this credit, the customer must contact the Host requesting the credit within 30 days of the end of the month for which credit is requested.

From time to time upgrades to hardware and or software may be required, where possible such upgrades will be performed outside of business hours. Customers will be notified as far as practicable in advance of such upgrades. Scheduled outages under normal conditions should not exceed 5 hours per year. Under normal conditions customers will be advised via email no less than 24 hours in advance of any scheduled outage. Where practical, consideration will be given to customers' input as to preferred times for scheduled outages to take place.

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