Terms & Conditions
Last Revision: 1st December 2006
1.) Account Set-up
We will set-up your account after we have received payment and
we and/or our payment partner(s) have screened the order(s) incase
of fraud. It is your responsibility to provide us with an email
address which is not @ the domain(s) you are signing up under.
2.) Content
All services provided by www.http.net.au may only be used for lawful
purposes. This includes, but not limited to: copyrighted material,
material we judge to be threatening or obscene, pornography. The
customer agrees to indemnify and hold harmless www.http.net.au from
any claims resulting from the use of our services.
Examples of unacceptable material:
IRC Bots
Warez Sites
Pirated Software
Hate sites
Hack programs and archives
3.) Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited
e-mail, bulk emailing, and spam. "Safe lists" and "double optin"
will be treated as spam. Any user who sends out spam will
have their account terminated without notice.
We "www.http.net.au and affiliated sites" reserve the right to require changes or disable
as necessary any web site(s), account, database, or other component
that does not comply with this policy, at its sole discretion.
www.http.net.au also reserves the right to make any such modifications
in an emergency at our sole discretion.
www.http.net.au reserves the right to charge the holder of the
account used to send any unsolicited e-mail a clean up fee. This
cost of the clean up fee is left entirely to the discretion of
www.http.net.au. All rights reserved.
4.) Payment Information
You agree to supply appropriate payment for the services received
from www.http.net.au, in advance of the time period during which
such services are provided. You agree that until and unless you
notify www.http.net.au of your desire to cancel any or all services
received, those services will be billed on a recurring basis.
www.http.net.au reserves the right to change the monthly payment
amount and any other charges at anytime. If you are in a contract your fees will not change,
all other account holders are subject to fee structure changes.
Late fee's - Hosting accounts fees must be paid in full no later than the end dated period (1 month ) on your invoice.
You will be charged a late fee of $5.00 AUD per month until your balance is paid on demand. Your account may be disabled if remaining unpaid for longer than 4 weeks. A re-connection fee of $50.00 will be charged to your account to activate it again including payment of the late fees in full before activation, these fee's must be paid to retreive your website backup's.
If you have had your account disabled by us for policy breakage no penatly fees apply, to re-activate the suspended account a fee of $50.00 applies to re-open the account so you can collect your website or download it or to restart your billing, the fee will fall on your monthly cost, so in other words the first month is pre-paid for plus+ depending on the account chosen or fee's payable. This rule applies to all account holders active or inactive.
If for some reason you need your account closed or suspended for any reason please send us an email and
we will suspend it for you, a fee of $50.00 AUD applies for the service time payable on re-activation. To re-activate the account a fee of $50.00 applies.
Delinquent Accounts
It is understood that delinquent accounts are considered after non-payment for more than 60 days. All invoices must be paid in full and will incur overdue interest charges, collection charges and legal fees as applicable, and credit control agencies will be advised if legal action is required. Should payment not be recovered within the required time being 2 weeks (14 days) of delinquent notice, the account will be passed on to our accountants, or direct to our solicitors, who will be instructed to recover the monies owed irrespective of amount. Your account will be charged on a continued basis until told otherwise to discontinue the service by contacting us from support page.
Cheque payments that bounce or are dishonoured a fee of $20.00 is payable on demand. Credit Card Charge Back a fee of $50.00 is payable on demand. Please be aware of that a 2.4% credit fee is charged for using your creditcard to make payments for any service we offer. We accept direct deposit or transfer to our bank account online or going into the bank no penalty fees can apply.
We use 3rd party companies to chase up late accounts, these companies charge hefty fee's, please keep your account upto date to avoid these fee's or late fee's in general.
5.) Backups and Data Loss
Your use of the service is at your sole risk. www.http.net.au is
not responsible for files and data residing on your account. You
agree to take full responsibility for files and data transferred
and to maintain all appropriate backup of files and data stored
on www.http.net.au servers.
6.) Cancellation and Refunds
www.http.net.au reserves the right to cancel an account at any
time.
Customers may cancel at any time. www.http.net.au gives you an
unconditional 14 day money back guarantee on managed shared
hosting, and reseller solution's. There are no refunds on
dedicated servers. Refund requests after 14 days
will be refunded on a prorated basis of any unused time.
Refund policy also excludes hourly rates and day rate fees, tax's or out call costs.
Only first-time accounts
are eligible for a refund. For example, if you've had an account
with us before, cancelled and signed up again, or more than one month
hosted with us you will not be
eligible for a refund or if you have opened a second account with
us.
7.) Resource Usage
Users may not initiate the following:
a) Use 25% or more of system resources for longer then 90
seconds. There are numerous activities that could cause such
problems; these include: Poorly written scripts, FTP Downloading, Spiders and Bots, Spamming etc.
b) Run any type of interactive real-time chat applications that
require server resources unless pre-approved by Management.
Remotely-hosted services are fully allowed.
c) Run stand-alone, unattended server-side processes at any point
in time on the server. This includes any and all daemons, such
as IRCD.
d) Run any software that interfaces with an IRC (Internet Relay
Chat) network.
e)Run any bit torrent
f) Run any gaming servers such as counter-strike, half-life,
battlefield1492, etc
8.) Bandwidth Usage
You are allocated a monthly bandwidth allowance. This allowance
varies depending on the hosting package you purchase. Should your
account pass the allocated amount we reserve the right to suspend
the account until the start of the next allocation, suspend the
account until more bandwidth is purchased at an additional fee,
suspend the account until you upgrade to a higher level of package,
terminate the account and/or charge you an additional fee for
the overages. Unused bandwidth or storage in one month cannot and will not be carried over
to the next month.
9.) Money back Guarantee
On dedicated servers, and colocation no full refund will be honoured,
the 14 day money back guarantee does not apply. We reserve the
right to refund a prorated amount or no refund at all.
Each of the managed shared, and reseller plans
carries a 14 day unconditional money back guarantee on them. If
you are not completely satisfied with our services within the
first 14 days of your service, you will be given a full refund of
the contract amount. Remember, this is ONLY for monthly shared or
reseller packages, and not for dedicated servers, Set-up fees are not refundable.
10.) Price Change
The amount you pay for hosting will never increase from the
date of purchase for customers signing up for a contract period all other accounts are subject to price increase or descrease.
We reserve the right to change prices listed, and the right to increase/decrease the amount of resources
given to plans at any time.
11.) Indemnification
Customer agrees that it shall defend, indemnify, save and hold
www.http.net.au harmless from any and all demands, liabilities,
losses, costs and claims, including reasonable attorney's fees
asserted against www.http.net.au, 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 www.http.net.au against liabilities
arising out of;
(1) any injury to person or property caused by
any products sold or otherwise distributed in connection with
www.http.net.au;
(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 customers from www.http.net.au's server.
12.) Disclaimer
www.http.net.au will not be responsible for any damages your business
may suffer. www.http.net.au makes no warranties of any kind, expressed
or implied for services we provide. www.http.net.au disclaims any
warranty or merchantability or fitness for a particular purpose.
This includes loss of data resulting from delays, no deliveries,
wrong delivery, and any and all service interruptions caused by
www.http.net.au and its employees.
13.) Search Engine Optimisation
Guarantee of rank is warranted however we dont control the search engines
we optimise your website for submissions no refund will be awarded if your position changes, after a position was achived, this is impossible to police, search engine often do website dropping, and can delete the first 100 results at any time without notice.
It can take 48 hours up-to 16 weeks to see a result.
We reserve the right to choice which engines to submit your
site maximising your chances of crawling success overall. Payment rules apply
no rank no fee is based on your site not appearing anywhere in the first 30 results in any
major search engine, excluding your current rank, if the current rank improves
as a result of our work, payment is due in full. Full access to your scripts and
templates are required for us to complete any work at all & make changes if required.
Conditions apply for no rank no fee policy as follows; if the website requires extensive link changes
and website modifications including pruning page code, aligning code properly & removing and adding
new pages this policy does not apply. The website must have links and pages that are intact with no other
work order applied to pages, only meta lines need changes and submission to search engines then only will the
no rank no fee policy apply else full payment is required during, upfront, or on completion as ordered.
14.) Software, Templates, Logos
Our work is guaranteed to function for it's purpose, projects may be stopped at anytime just contact us. Payment for work upto cancellation date must be paid in full, Deposits are non refundable, all other fees for the project that has not resulted in any work or outgoing costs is refundable in full between the 14 day money back guarantee policy clause(6).
Refund policy excludes hourly rates and day rate fees, tax's or out call costs. Outgoings or other work will be deducted from the refund amount where applicable. A detailed invoice will be supplied.
15.) Changes to the Terms Of Service
"We" www.http.net.au reserves the right to revise its policies at any
time without notice. Please check from time to time. Revisions are dated at the begining of thiis statement.
