Terms & Conditions
I.W.S. Internet Web Solutions along with Distribute IT Pty Ltd agrees to provide,
and Client agrees to receive, access to the Web Hosting and related
Services according to the following Terms and Conditions:
1.0 The Client is the person or entity who is applying or who is
receiving Web Hosting Services from I.W.S. Internet Web Solutions
and Distribute IT Pty Ltd.
1.1 The Web Hosting Service is provided on an "AS IS, AS AVAILABLE"
basis. I.W.S. Internet Web Solutions and Distribute IT Pty Ltd gives no warranty,
express or implied, for the Web Hosting Services provided this no
warranty expressly includes any reimbursement for losses of income
due to disruption of services by I.W.S. Internet Web Solutions and
Distribute IT Pty Ltd or its providers beyond the fees paid by client to I.W.S.
Internet Web Solutions and for services.
1.2 Client will use the Web Hosting Services in a manner consistent
with any and all applicable laws of the State of Victoria and the
Australian Federal Government.
1.3 Use of any information obtained by way of I.W.S. Internet Web
Solutions and Distribute IT Pty Ltd is at Client’s own risk, and I.W.S.
Internet Web Solutions and Distribute IT Pty Ltd holds no liability for such
use.
1.4 I.W.S. Internet Web Solutions and Distribute IT Pty Ltd is not responsible
for any damages arising from Client’s use of I.W.S. Internet
Web Solutions and Distribute IT Pty Ltd or by Client’s inability to use
the Web Hosting services for any reason.
1.5 While I.W.S. Internet Web Solutions and Distribute IT Pty Ltd shall make
every reasonable effort to protect data stored on Client’s
Server(s), I.W.S. Internet Web Solutions and Distribute IT Pty Ltd is not responsible
for Client’s Data, files, or directories residing on I.W.S.
Internet Web Solutions and Distribute IT Pty Ltd’s equipment. Client is
solely responsible for maintaining data, file, and directory structure
backups.
1.6 The customer is required to provide I.W.S. Internet Web Solutions
with correct and up to date contact details for billing and technical
notification purposes. I.W.S. Internet Web Solutions and Distribute IT Pty Ltd
takes no responsibility for disruption to services due to inability
to contact the customer.
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Payment
2.0 Client agrees to a once off set up fee and an Annual Payment
as agreed (dependant on chosen hosting package) for Web Hosting
Services. In addition setup fees may be charged for additional services
as per prices indicated at www.iwsdesign.net. If the Client exceeds
the transfer limit imposed by their chosen hosting package, the
Client will be required to upgrade their service to a package with
a greater transfer limit.
2.1 Payment can be made by bank transfer only and in accordance
with the terms on the I.W.S. Internet Web Solutions invoice which
will be forwarded to Client by mail.
2.2 I.W.S. Internet Web Solutions reserves the right, in its sole
discretion, to deactivate the Clients Web Hosting account(s) upon
an indication of credit problems including delinquent payments.
2.3 A late charge of $10.00 AUD will be applied after 7 days from
the due date of any late Annual Payment. If payment is not received
by I.W.S. Internet Web Solutions and Distribute IT Pty Ltd within 10 days of
the due date, I.W.S. Internet Web Solutions and Distribute IT Pty Ltd has the
option of terminating the Client’s Web Hosting Services.
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Change
3.0 I.W.S. Internet Web Solutions and Distribute IT Pty Ltd reserves the right
to modify these Terms and Conditions in any way and as required.
Notice of such changes will be delivered to users via postings on
I.W.S. Internet Web Solutions Web Site only. Continued usage of
Web Hosting Services indicates your acceptance of the Terms and
Conditions in their amended form.
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Trademarks and Copyrights
4.0 Client warrants that it has the right to use the applicable
trademarks of Client, and grants to I.W.S. Internet Web Solutions
and Distribute IT Pty Ltd the rights to use such trademarks, if any, in connection
with I.W.S. Internet Web Solutions and Distribute IT Pty Ltd’s promotion
of, referencing of, cataloging of, or indexing of I.W.S. Internet
Web Solutions and Distribute IT Pty Ltd’s Web Hosting clients.
4.1 Client hereby agrees that any material submitted for publication
on I.W.S. Internet Web Solutions and Distribute IT Pty Ltd through Web Hosting
Services received by the Client will not violate or infringe any
copyright, trademark, patent, statutory, common law or proprietary
rights of others, or contain anything libelous or harmful.
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Hardware, Equipment, and Software
5.0 Client is responsible for and must provide all telephone, computer,
hardware and software equipment and services necessary to access
the Web Hosting Services. I.W.S. Internet Web Solutions and Distribute IT Pty Ltd
makes no representations, warranties, or assurances that Client’s
equipment will be compatible with I.W.S. Internet Web Solutions
and Distribute IT Pty Ltd’s Services.
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Internet Etiquette
6.0 Users of Internet and electronic forums should be considerate
of the expectation and sensitivities of others on the network when
posting material for electronic distribution. The network resources
may not be used to impersonate another person or misrepresent authorisation
to act on behalf of others or I.W.S. Internet Web Solutions and
Distribute IT Pty Ltd. All messages transmitted via I.W.S. Internet Web Solutions
and Distribute IT Pty Ltd’s service should correctly identify the sender;
users may not alter the attribution of origin in electronic mail
messages or postings. Users must not attempt to undermine the security
or integrity of computing systems or networks and must not attempt
to gain unauthorised access.
6.1 Due to the public nature of the Internet, all information should
be considered publicly accessible, and important or private information
should be treated carefully. I.W.S. Internet Web Solutions and Distribute IT Pty Ltd
is not liable for protection or privacy of electronic mail or other
information transferred throughout the Internet or any other network
I.W.S. Internet Web Solutions and Distribute IT Pty Ltd or its customers may
utilise.
6.2 Use of distribution lists via unsolicited electronic mail or
other electronic mailings is strictly prohibited. I.W.S. Internet
Web Solutions and Distribute IT Pty Ltd reserves the right to deactivate the
Client’s Web Hosting account(s) upon an indication of such
activity. Client hereby agrees to indemnify and hold harmless I.W.S.
Internet Web Solutions and Distribute IT Pty Ltd from any claim resulting from
the Client’s or another party’s use of electronic mail
service(s) on the Clients Web Hosting account(s).
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Termination
7.0 Client may cancel the Web Hosting Services upon the conditions
that requests for cancellation must be made in writing with 30 days
prior notice and sent to I.W.S. Internet Web Solutions. Cancellation
will not take effect until received. The used pro-rata time portion
of Annual Payment that has been made is not refundable unless cancellation
is requested in the first thirty (30) days. Setup fees are not refundable.
7.1 I.W.S. Internet Web Solutions and Distribute IT Pty Ltd reserves the right
to suspend Web Hosting Services without notice for any unpaid or
partially paid balances. The Client is responsible for any legal
fees incurred for the collection of any unpaid amounts.
7.2 Mass unsolicited/unwelcome mailing ("Spamming") is
strictly prohibited. Any Client found to be Spamming will have their
Web Hosting Services immediately terminated and find themselves
billed for any unpaid balances as well as for any damages that occur
as a result of their action.
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Satisfaction Guarantee
8.0 Client may terminate services within the first thirty (30)
days from activation of the hosting account and receive a full refund
excluding the setup fee. Domain names are not refundable.
END TERMS AND CONDITIONS
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