JaziNET Web Hosting - Terms & Conditions
1.0 Introduction
1.1 The following standard terms and conditions apply to all hosting related services provided by JaziNET. This includes website hosting and domain registration and related services. The conditions outlined below are based on standards that have been generally adopted by the Australian web hosting industry. The web hosting terms and conditions are not intended to unduly restrict customers in the way they use their website. The intention is to protect our customers as well as JaziNET so that the company can provide a high level of service for "all" customers.
1.2 All prospective web hosting customers are required to read and agree with the following policy before ordering hosting services from JaziNET. Each order form has a disclaimer that indicates that submission of an order means that you have read and agree with these policies, as a condition of the service agreement between you and JaziNET.
2.0 Scope of this Agreement.
2.1 This agreement governs the terms of use by the Customer of all services provided by JaziNET. By accepting these terms and conditions the customer recognises that they are also accepting an obligation to act in accordance with JaziNET's Acceptable Use Policy.
3.0 Terms of Agreement - The Customer agrees to use JaziNET's Services according to the following terms and conditions:
3.1 Use of Website Hosting Account - The Customer agrees to use the services according to the account selected or as specifically stated on their invoice. In the case of developers or where a single Customer holds multiple accounts these terms and conditions will be taken as binding to all existing and subsequent accounts once the client has provided acceptance of these terms and conditions.
3.2 Period Covered by Agreement - This agreement will commence when the Customer has agreed to the terms and conditions and has placed an order, either electronically, by telephone, facsimile, or by mail. The Agreement will continue while the Customer has an active account with JaziNET and will cease when the account is cancelled by either party to this agreement as specified in paragraphs 3.7 and 3.11 of this document.
3.3 Variation of Agreement - JaziNET may vary the terms, charges and conditions outlined in this agreement. The agreement published on JaziNET's website should be recognized as the current version and taken as the binding terms and conditions for the use of JaziNET's web hosting services.
3.4 Severability - Should any part of this Agreement be (or become) invalid, that part shall be severed from this Agreement and such invalidity shall not affect the validity of the remaining provisions of the Agreement.
3.5 Invoices for Services - JaziNET will issue tax invoices for services by email. Customers may print out copies of their invoices at any time by logging into the Member's Portal at http://members.jazi.net as well as being able to see a complete historical breakdown of all applicable charges, credits and payments.
3.6 Payment of Accounts - All JaziNET accounts are payable by Direct Debit from the customer's nominated bank account or credit card. A website hosting account may be suspended if invoices are not paid by the due date and prior arrangements for a revised payment schedule are not made with JaziNET. All data contained in a suspended account will remain on the system, however account holders will not be able to access their site and the website will display a notice stating that the account has been suspended. A website and all related files will be removed from JaziNET's servers if an account remains in arrears for 30 days after the due date. If an account remains in arrears Customers will not have access to data stored on JaziNET's servers. JaziNET reserves the right to delete data if an account is cancelled.
3.7 Cancellation of Services - Unless otherwise stated a website hosting account may be cancelled by the Customer by giving 30 days notice. For purposes of security and protection of a Customer's interest all notification of cancellation must be in writing sent by email or ordinary mail and must be authorized by the account holder. Unless otherwise stated a website hosting account (and this Agreement) may be cancelled by JaziNET by giving the Customer 30 days notice in writing. Such notice to be sent by email to the email address supplied by the Customer.
3.8 Refunds on Cancelled Accounts - In the circumstances outlined in paragraph 3.7 of this Agreement, JaziNET will refund the proportional value of any unused web hosting service less any outstanding charges owed by the Customer. Except that if the customer's account is cancelled due to a violation of this Agreement or JaziNET's Acceptable Use policies, a refund will not be given.
3.9 Refund of Set-up Fees - If account set-up fees apply to a website hosting service these fees are not refundable.
3.10 Domain Registration Fees - When a customer places an order for domain registration with JaziNET, all fees paid in relation to the registration are not refundable. The Domain Registrar will not refund fees for domains incorrectly registered (e.g. spelling mistakes) or for cancelled domains.
3.11 Refusal of Service - JaziNET reserves the right to refuse services to any Customer. In particular, JaziNET may cancel an account without notice for serious breeches of this Agreement and failure to comply with the related Acceptable Use Policy.
3.12 Compliance with the Law - In using JaziNET's services, the Customer must abide by all applicable State laws in Australia, laws of the Commonwealth of Australia and if applicable the laws of the county where the Customer is physically located. Any violation of this provision can result in termination of services and this Agreement without notice, at the absolute discretion of JaziNET.
3.13 Limitation of Liability - JaziNET does not warrant to the Customer that the Customer will receive continual and uninterrupted services during the Term of this Agreement. In no event shall JaziNET be liable to the Customer for damages resulting from or in relation to any failure or delay of JaziNET to provide services under this Agreement, if such delays or failures are due to circumstances beyond our control. Such a failure or delay shall not constitute a default under this Agreement and JaziNET, its directors, agents or employees will not be liable in any way for any form of loss or damage of any nature whatsoever suffered, whether arising directly or indirectly, by the Customer or any person related to or dealing with the client out of, in connection with or reasonably incidental to the provision of the services by JaziNET to the Customer.
3.14 Disclaimer of Warranties - While JaziNET uses all reasonable care in providing Web Hosting and other Services, JaziNET shall not have any liability whatsoever in respect of any loss or damage resulting from the provision of the Service, errors or omission in information provided in relation to the service. JaziNET's liability in the event of failure to provide adequate service shall not extend beyond the cost of providing a comparable service.
3.15 Indemnity - Client agrees to defend, indemnify and hold JaziNET harmless from and against any and all claims, losses, liabilities and expenses (including legal fees) related to or arising out of the Services provided by JaziNET to Client under this Agreement, including without limitation claims made by third parties (including clients of our customers) related to any false advertising claims, liability claims for products or services sold by the Customer, claims for patent, copyright or trademark infringement, claims due to disruption or malfunction of services provided here under, or for any content published by the Customer using the Services, but excluding those directly caused by the negligence of JaziNET.
3.16 Entire Agreement - The Customer acknowledges and agrees that this Agreement is the entire Agreement between the parties and excludes all oral or implied representations and terms unless such terms are agreed between the parties in writing.