Terms And Conditions
1 This agreement
1.1 Establishment of agreement
Thank You for choosing Us Instasite.com.au which is also a service of Pitstop 101 Media Pty Ltd – ACN – 153 871 222 as your virtual server hosting and/or website development service provider.
The terms and conditions that are set out below including at this URL http://www.pitstop101media.com.au/Terms-and-Conditions.htm govern the Services we provide to You. It is important that You read these terms before You begin using the Services and the Systems because when You use the Services for the first time:
(1) You are confirming that You have not only read these terms but that You agree to be bound by them when using the Services; and
(2) a legally binding agreement is formed between Us and You.
Once You have accepted the terms of this agreement by any or all of the following, You agree to waive any right You may have to assert that the fact that You indicated Your acceptance of this agreement verbally or electronically does not constitute actual acceptance.
1.2 Acceptance of other terms
As well as the terms set out in this agreement, You agree to be bound by the following policies in place with respect to the use of the Services from time to time:
(1) any specific terms and conditions agreed in writing with Us from time to time; and
(2) any Acceptable Use Policy we may decide to implement from time to time.
1.3 Amendment to terms
It may become necessary for Us to change the terms of this agreement from time to time. If so We will publish notice of changes on our website and will date those changes.
For example, We will send You an e-mail which either sets out the new terms or which notifies You of the new terms as posted on Our website. If We send such an e-mail to You then You will be deemed to have read the new terms upon receipt of that e-mail and Your subsequent use of the Services constitutes acceptance by You of the amended agreement.
1.4 Contact details
You will see from the terms of this agreement that there are some important things at which We will need to provide You notice. It is therefore essential that You ensure that the contact details You provide to Us are correct and remain correct during the term of this agreement.
If the details We have are not correct and We send You a notice using those details:
(1) You will be deemed to have received the relevant notice; and
(2) We will not be liable in any way for any loss You suffer as a result of not having received the notice.
1.5 Definitions
To make this agreement easier to read We have used terms that have specific definitions. These terms appear in this agreement with a capital letter as their first letter and when they are used they have the meaning set out at the end of this agreement.
2 Hosting Services
2.1 Provision of services
We will provide Server Space on the Systems in order to host and serve the Customer Data in a manner acceptable in the industry from time to time. We retain the sole right and control over the programming, content and conduct on the Systems.
2.2 Uptime Goal
We will use commercially reasonable efforts to make the Server Space and the Hosting Services available to You at all times with the exclusion of any downtime resulting as a result of any of the following events:
(1) scheduled maintenance;
(2) telecommunications or power disruptions caused by third parties;
(3) any reckless, malicious or negligent activity by you or any third party; and/or
(4) any other causes beyond our reasonable control.
2.3 Maintenance
We will perform maintenance services as we determine reasonably necessary to maintain the continuous operation of the Systems and the availability of the Server Space. You agree to Us undertaking periodically-scheduled maintenance downtime periods in this regard.
We will provide you with reasonable notice of the conduct of any regular system maintenance so You are able to take the possible interruptions to the Hosting Services into account when managing Your business.
Unfortunately there will be times when we will not be able to provide You with that notice because the maintenance is required to fix an urgent problem or for some other similar reason. If this occurs, We are not liable to you for any Claim that arises out of any resulting interruption to Your use of the Hosting Services or the lack of availability of the Server Space.
We have the right to suspend the Hosting Services at any time and for any reason. We are not obliged to notify You of the reason for this suspension, however if each suspension lasts or is to last for more than seven (7 ) days You will be notified of the reason.
2.4 Your responsibility
You are responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access the Services. We make no representations, warranties, or assurances that your equipment will be compatible with the Services on the Systems.
3 Fees
3.1 Timing of payment
(1) You must pay:
(a) Subscription fees for the Hosting Services either quarterly or yearly whichever is agreed with Us in advance of initial provision of services.
(b) Domain name and registration fees either annually or biannually whichever is agreed with Us in advance of initial provision of Services.
(c) Fees for the completion of the Website Services project brief before the site goes ‘live’.
(d) Website Services updates/upgrades fees within seven (7) days of the changes and/or additions going ‘live’.
3.2 Manner of payment:
(1) in AUD if using direct deposit and credit card payments; and
(2) You must also pay Us any GST imposed on the fees You are required to pay under this agreement at the same time as You pay the relevant fee. In return We will provide you with a valid tax invoice for that payment.
(3) Our bank deposit details as of 14-11-2011 Account Name: Pitstop 101 Media Pty Ltd BSB: 062 597 Account Number: 1078 2580
3.3 Hosting Services Basis of fees
Before We allow You to use the Hosting Services We will have provided you with details of the fees you need to pay to continue with that use including, but not limited to, set-up fees and annual fees in accordance with this agreement. Alternatively those fees may be published on Our website. Those fees need to be paid by You in order to allow You to continue to use the Hosting Services and in particular the Server Space.
3.4 Website Services Basis for Fees
The fees payable by You for the Website Services will be those set out in the quote accepted by You. It is important that You understand that the Quote is based on the project brief we agree at the time of providing the Quote. Any work outside this project brief other than the changes referred to below is not included in the quote.
You are permitted to instruct Us to make up to three (3) graphical layout changes to the Website Services as specified in the Quote accepted by You. Additional requests for changes and/or amendments will be billed to You on an hourly basis unless otherwise specified in the Quotation.
3.5 We will endeavour to clearly state what You are getting in the project brief, no assumptions should be made by You on what should be included that is not mentioned in the project brief.
3.6 Change in fees
Unfortunately, it is necessary for Us to review our fees and to increase them from time to time. If We need to increase Our fees for any reason we will provide You with written notice (either electronically or by way of snail mail) of the change in Your fees.
We understand that an increase in fees impacts on Your operation and because of this:
(1) We will not ask You to pay any increased amount until twenty eight (28) days after We advise you of the proposed increase; and
(2) all fees will not change during any period of pre-payment for the Services.
After that period the new fees will apply to Your use of the Services and the Server Space.
3.7 Failure to pay – Web hosting services
If You do not pay the fees We ask You for web hosting services by the time We ask You to Pay them, then We will issue You with a overdue reminder notice and give You a further seven (7) days to pay. If We issue You with a overdue notice, We may ask You to pay Us a late payment fee of 5% of invoice total.
In the event We do not hear from You or receive payment after seven (7) days We will suspend your web hosting account without notice. A $15 fee applies to have the suspension removed from the web hosting account.
In the event You do not make contact with Us 7 days after your account is suspendedWe will terminate your service and remove it from our servers. We may keep a backup of your account should you need this in future, however a backup restore fee of $99 will be applicable for retrieval and restoration of this backup.
3.8 Failure to pay – Domain name renewals
Domain name renewal invoice will be sent to You 14 days prior to expiry date. There is no grace period with domain name renewals, once the expiry date is reached the domain will become inactive and will disable your website and email from working. You must ensure You renew your domain name before the expiry date.
3.9 Failure to pay Website development & other programming
If You do not pay the fees We ask You to pay for the Services by the time We ask You to pay them, then We will issue You with a reminder notice and give You a further seven (7) days to pay. If We issue You a reminder notice We can also require that You pay to Us a late payment fee of 5% of invoice total.
If You still do not pay the full amount owing, including any reasonable late payment fees We ask You to pay, We can suspend Your right to use the Services and therefore disable access to Your website and Customer Data until all of those fees are paid in addition to any other right We may have under this agreement. If We suspend Your right to use the Services We can require You to pay a further fee to meet the additional costs incurred by Us in having to do so, including a site re-activation fee where We need to re-activate a suspended account as a result of Your failure to pay and in addition to the amounts referred to above a 5% monthly fee will apply on all outstanding balances for Website Services.
3.10 No claim for suspended service
If We suspend Your use of the Services and the Server Space under clause 3.6 You agree to not make any Claim against Us for any loss or damage You as a result of that suspension and You indemnify Us against any claim made against You by a third party in that regard.
3.11 Payment by credit
It is an essential term of this agreement that You consent to Us obtaining a credit reporting agency report in relation to You which may contain some of Your personal information. It is important that We do this as We need to ensure that We can rely on You to pay any amounts owing to Us under this agreement.
4 Hosting Services – What you can’t do
4.1 Protecting our Services and Systems
We have put a lot of time into developing the Systems and as such We need to impose some restrictions on You as a condition of allowing You to use them. As well as observing these restrictions Yourself, it is a condition of Your use of the Services and the Server Space that You not allow any other person to breach these restrictions.
4.2 Specific restrictions
When using the Hosting Services You must not do any of the things that are listed below.
(1) Use any bandwidth or storage space in excess of the amount for which We notify You from time to time or which consumes excessive CPU time or storage space.
(2) Distribute or store any material that:
(a) would breach any Law;
(b) contains Malicious Code;
(c) would infringe the legal rights of another person (such as copyright); or
(d) is obscene, abusive, fraudulent, threatening, malicious, defamatory or libellous (including material that is harmful to children or violates third party privacy rights) as determined by Us in Our absolute discretion.
(3) Transfer, sub-license, sell, rent, lease, lend, duplicate, or otherwise deal with Your rights under this agreement without Our prior written consent.
(4) Use the Hosting Services for a purpose where the failure of all or part of it could lead to personal injury, death or severe physical or environmental damage.
(5) Use, store, post, transmit or introduce any software, routine or device that interferes or attempts to interfere with the operation, integrity or performance of the Hosting Services, or attempts to gain unauthorised access to the Systems.
(6) Distribute, advertise or promote software, services or another site, whether hosted on our website or not, that have the purpose of encouraging or facilitating unsolicited email or spam.
(7) Use, store, post, distribute, advertise or promote any material which constitutes or encourages the commission of a criminal offence.
(8) Collect, use or disclose any personal information in violation of any Law.
(9) Not permit the Hosting Services to be used by anyone under the age of eighteen (18) years.
4.3 No transfer
You must not allow any other person or company to use the server space provided to You under this agreement.
If you wish to transfer your rights under this Agreement with respect to Web Hosting, You must:
(1) Provide to us in writing on company letterhead, scanned and attached to a email, notice of intent to transfer website and/or hosting account ownership to a new owner. The letter should state the new owners full contact details including email address. A fee of one hours work at our standard fees will apply for this.
This needs to be done 14 days prior to ownership change. We will not take this advice by casual phone call or email. This must be on their letterhead and signed by company director/owner.
(2) In regards to a .AU domain name ownership transfer there is an additional process required to do this which requires the payment of a separate fee which is charged by the registry., This amount is subject to variation.
5 Hosting Services – What you must do
As well as the things You can’t do that are listed in clause 4, You must do the following things as a condition of Your use of the Hosting Services and the Server Space:
(1) Use the Hosting Services and the Server Space in accordance with the terms of this agreement and any operational instructions provided to You from time to time.
(2) Comply with any Laws that apply to Your use of the Hosting Services and the Server Space.
(3) Protect any passwords, security devices or security codes provided to You for use with the Hosting Services and the Server Space.
(4) Tell Us immediately of any unauthorised access to Your website.
(5) Conduct any virus scanning and tests that are necessary to ensure that Your website and Customer Data remains free of Malicious Code and ensure that any material uploaded by You to the System does not contain any Malicious Code.
(6) Immediately remove any material from Your website that we ask You to on the basis of a breach of this agreement.
(7) Limit your outgoing emails to one thousand (1000) recipients per day (bulk email services are provided separately).
(8) Indemnify Us against any Claim that is made against Us as a result of Your breach of this agreement.
6 Website Services
6.1 Provision of Website Services
We will provide You with a quotation for the provision of Website Services which will be valid for fourteen (14) days only. After 14 days, you will need to ask for a updated quotation.
The Website Services will not commence until such time as We are in receipt of your signed acceptance of our quotation and initial project payment deposit.
6.2 Development progress and compatibility
We will consult You over the programming, content and design of Your website.
We will use commercially reasonable efforts to design and have Your website ‘live’ and to meet your specifications and requirements within the period we agree with You after You provide the necessary materials and information.
We will ensure browser compatibility with Internet Explorer 7, 8 & 9, Firefox 2.5 and above and Safari 3 & 4 . When newer web browsers are released and are found to distort your existing website, you may request a quotation from us to update your site for improved compatibility with newly released browsers. However we will not provide support for browsers released under alpha or beta releases as they are not considered stable.
6.3 Your responsibility
You are responsible in addition to other responsibilities mentioned in these terms for and must provide the images, text and any other materials or information necessary to allow us to complete the Website Services within seven (7) days of signing and accepting our Quotation.
7 Customer Data
7.1 Storage
We may, but are not obliged to, backup and store any Customer Data within the Systems that has been placed there by You. If We do so, We will not disclose this information to anyone and We will destroy it or render it inaccessible when this agreement ends.
Even though We may store the Customer Data, it is important that You back up Your own data so that it can be restored if there is a system failure or some other similar event occurs. We will assist You in any system recovery if possible, however We are not liable for any loss suffered by You as a result of:
(1) Your failure to back up Your data; or
(2) Us providing You with the copy of Your data stored by Us (for example if that data is not the most current version of Your data).
7.2 Your obligations in relation to Customer Data
You are solely responsible for all Customer Data, including, without limitation, any content or materials of a third party that the You permit or enable to be posted onto or through the Systems. You are also responsible for the creation, posting, updating and maintenance of the Customer Data.
We will not be responsible for reviewing the Customer Data prior to its publishing by You and You are entirely responsible for obtaining any insurance in relation to any loss or damage caused to the Customer Data held in the Systems.
7.3 Ownership of Customer Data
You grant us a limited, non-exclusive, royalty-free license to host, reproduce, transmit, cache, store, publish and otherwise use the Customer Data as necessary to provide the Services to You.
8 What We can do
8.1 Generally
You agree that We can do the following things in relation to Your use of the Services (including the Website Services) and the Server Space:
(1) access the Customer Data for the purpose of maintaining, improving or providing assistance with Your use of the Services and the Server Space or ensuring that You are complying with the obligations imposed on You under this agreement;
(2) store Your contact information with Our records;
(3) send marketing information, notifications, instructional and other service related items to You (If You later choose not to receive this material You can simply notify Us in writing and We will stop sending it to you, except for information that we believe is important to allow You to properly use the Services);
(4) remove any material from Your website or from the Systems which You are not allowed to store using the Services and the Server Space under this agreement, including but not limited to Warez, torrents, pornography, copyrighted music and video files; and
(5) report any activity (including the disclosure of any of Your personal information or Customer Data) to appropriate law enforcement officials, regulators and third parties.
8.2 Ownership of IP numbers
We maintain and control ownership of all IP numbers and addresses that may be assigned to You and We reserve the right to change or remove any and all IP numbers and addresses.
8.3 Ownership of Intellectual Property
We are the exclusive owner and retain all rights in the Intellectual Property provided by Us to You in relation to the provision of the Services and the Server Space including any Intellectual Property forming part of the Systems.
9 Warranties and representations
9.1 Your warranty
You warrant to Us that You:
(1) have made your own enquiries in relation to the use of the Services (including the Website Services) and the Service Space, how they can be used by You and the system and hardware requirements You need in order to ensure that You can use the Services effectively;
(2) You have not relied on any representation made by Us, either verbally or in writing, when deciding whether to enter into this agreement;
(3) will permit Us to display our logo and/or text at the footer on each webpage which forms part of the Website Services and/or a link to our website and also wording to describe the fact that We are the designers and/or developers of the website; and.
(4) are authorised and have the legal power to enter into this agreement.
This warranty is important because We have relied on it when deciding to enter into this agreement with You.
9.2 What We do not warrant
We do not warrant that:
(1) the Services will be error free or uninterrupted;
(2) any defects in the Services will be rectified;
(3) the Systems or the Server Space will be immune from unauthorised access or the alteration of the Customer Data; and
website content management system applications, e-commerce applications and databases designed for You as part of the Website Services may be moved to servers other then servers managed or owned by Us without our permission.
10 Limitation of liability
10.1 Subject to the law
Any matters set out in this clause 10 are subject at all times to the law and while the limitations contained in this clause apply to the fullest extent possible, they do not apply if the Law prevents them from so applying.
10.2 Direct damages
If We are liable to You for direct damages, then the amount of our liability is limited to the amount paid by You under this agreement.
10.3 Indirect damages
Under no circumstances will we be liable for any indirect damages (including but not limited to loss of profits, loss of revenue, loss of opportunity, loss of productivity, loss of goodwill and business interruption) suffered by You which arise from Your use of the Services under this agreement.
10.4 Claims by third parties
The Services may allow you to facilitate making arrangements with and exchanging or making available information to, third parties. Because We do not have any control over those matters We are not liable under any circumstances for any Claim made against You by a third party that arises as a result of them.
We are also not liable under any circumstances for any Claim that arises as a result of any material or information contained within the Customer Data.
10.5 Your indemnity
It is an essential term of this agreement that You indemnify Us against any Claim for which We are not liable under this clause 10 including as a result of any breach of this agreement by You.
11 End of this agreement
11.1 What We can do upon breach
If You breach any term of this agreement, We may:
(1) issue a warning;
(2) immediately suspend the provision of the Services and the Server Space until such time as You rectify the relevant breach;
(3) terminate the provision of the Services and the Server Space in accordance with clause 11.2; and/or
(4) restrict or prohibit access to any Customer Data that is objectionable or otherwise in breach of this agreement.
11.2 Termination by Us
We can terminate this agreement immediately if:
(1) You do not pay any money owed to us for more than fourteen (14) business days after it was originally due to be paid;
(2) You breach an essential term of this agreement; or
(3) You breach any other term of this agreement and do not remedy that breach to Our satisfaction, acting reasonably, within the time We ask You to do so.
While We will provide You with any reasonable assistance necessary to allow You to transfer to an alternative service in the event that We terminate this agreement, We are not obliged to do so.
Should this agreement be terminated for any reason, We will not be liable to You for any Claim arising as a result of that termination.
11.3 Termination by You
You can terminate this agreement at any time by providing Us with written notice to that effect.
If You terminate this agreement You are not entitled to a refund of any fees paid by You prior to the date of termination, even if those fees are for the use of the Services for a period after that date. You must also pay Us:
(1) any reasonable costs incurred by Us in terminating Your use of the Services and the Server Space;
(2) the balance of the fees owing for the subscription period within which You terminated this agreement.
If you terminate your subscription during any period of suspension as a result of a breach by You of this agreement, You will need to pay one (1) month’s fees.
Notices of termination must be submitted by You to Us by email to billing@pitstop101.com only and thirty (30) days prior to the end of a billing cycle or the end of Your subscription. The email address from which You send Us notice of termination must match the address for servicing notices on You on our records or the notice will be ignored or refused.
If you terminate the Website Services once we have commenced the work there will be a fee payable for the Website Services based on the time spent by Us on and from the date of acknowledgement of our Quotation to the notice of termination, together with any or all costs or disbursements including, but not limited to domain name registration fees, etc.
In addition, a fee of 25% of the total amount payable in the agreed Quotation will apply if you terminate the Website Services once we have commenced the work.
11.4 Roll over of agreement
While Your subscription has an end date, unless You advise Us in writing at least thirty (30) days before the end of Your subscription that You do not want to continue to use the Services and the Server Space:
(1) Your subscription will be automatically extended on a month to month basis until You advise Us that You no longer wish to use the Services and the Server Space; and
(2) the terms of this agreement will continue to apply to Your use of the Services and the Server Space.
11.5 Effect of end
When this agreement ends You must immediately stop using the Services and the Server Space and not use them again unless We permit You to do so in writing.
12 Miscellaneous matters
12.1 Assignment
You may not Assign any or all of Your rights or obligations under this agreement without Our prior written consent. We are able to Assign this agreement to a third party without your consent in which case:
(1) We will provide You with notice of that Assignment as soon as is reasonably practicable; and
(2) You will be bound to comply with this agreement in favour of the relevant Assignee as if they were the original party to it.
12.2 Non-merger
If any term of this agreement needs to operate after this agreement ends then that term survives termination of this agreement (i.e. that term continues to apply even though the agreement has ended).
12.3 Governing law
The law in force in the State of New South Wales in Australia governs this agreement. The parties submit to the exclusive jurisdiction of the courts of New South Wales and any courts that may hear appeal from those courts in respect of any proceedings in connection with this agreement.
Refund & Returns Policy
We do not offer refunds for change of mind. For this reason we advise buyers to contact us prior to purchase regarding any questions or concerns, we will glady reply in prompt time, please email us at support@pitstop101media.com.au so that we can resolve any problems.
Delivery Policy
We do not sell products and instead we provide a service therefore we do not deliver products to client’s addresses. After ordering one of our services online, you will receive an email confirmation from eWAY confirming your payment details (if you have provided your email address). You will also receive an email from Pitstop 101 Media confirming your order.
Privacy Policy
Introduction
Pitstop 101 Media conforms to Internet privacy standards.
If you have questions or concerns regarding this statement, you should first contact Pitstop 101 Media on 02 9623 4009
Collection of Information
In order to use the Pitstop 101 Media website, it is necessary to collect some personal information from you in order to provide our services.
All correspondence may also be collected and stored, particularly in regard to sales, support and accounts, including Email.
Information is collected by Pitstop 101 Media via correspondence from you or your company. Information may be collected via direct contact through email or telephone and online forms used on our website such as when you register as a user, place an order or sign up for our newsletter.
Use of Collection Information
Any details collected from Pitstop 101 Media customers are required in order to provide you with our services, a high level of customer service as well as inform you of additional services in the future.
Correspondence is recorded in order to provide service references and to assist in staff development.
Storage of Collected Information
The security of your personal information is important to us. When you enter sensitive information (such as credit card numbers) on our website, we encrypt that information using secure socket layer technology (SSL). When Credit Card details are collected, we simply pass them on in order to be processed as required. We never permanently store complete Credit Card details.
We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it.
If you have any questions about security on our Website, you can email us at support@pitstop101media.com.au
Access to Collected Information
If your personally identifiable information changes, or if you no longer desire our service, you may correct, update, delete or deactivate it by emailing us at support@pitstop101media.com.au
Orders
If you purchase a product or service from us, we may request certain personally identifiable information from you. You may be required to provide contact information (such as name, Email, and postal address) and financial information (such as credit card number, expiration date).
We use this information for billing purposes and to complete orders. If we have trouble processing an order, we will use this information to contact you.
Communications
Pitstop 101 Media uses personally identifiable information for essential communications, such as Emails, accounts information, and service details. We may also use this information for other purposes, including some promotional Emails. If at any time a customer wishes not to receive such correspondence, they can request to be removed from any mailing lists by emailing us at support@pitstop101media.com.au
You will be notified when your personal information is collected by any third party that is not our agent/service provider, so you can make an informed choice as to whether or not to share your information with that party.
Third Parties
Pitstop 101 Media may at its discretion use other third parties to provide essential services on our site or for our business processes. We may share your details as necessary for the third party to provide that service.
These third parties are prohibited from using your personally identifiable information for any other purpose.
Pitstop 101 Media does not share any information with third parties for any unknown or unrelated uses.
Legal
We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process served on our Website.
Links
Links on the Pitstop 101 Media site to external entities are not covered within this policy.
Changes to Privacy Policy
If we decide to change our privacy policy, we will post those changes to this privacy statement, the homepage, and other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. We reserve the right to modify this privacy statement at any time, so please review it frequently. If we make material changes to this policy, we will notify you here, by Email, or by means of a notice on our homepage.
Security Policy
This website does not store your credit card detail at all.
Pitstop 101 Media uses the eWAY Payment Gateway for its online credit card transactions.
eWAY processes online credit card transactions for thousands of Australian merchants, providing a safe and secure means of collecting payments via the Internet. All online credit card transactions performed on this site using the eWAY gateway are secured payments.
- Payments are fully automated with an immediate response.
- Your complete credit card number cannot be viewed by Pitstop 101 Media or any outside party.
- All transactions are performed under 128 Bit SSL Certificate.
- All transaction data is encrypted for storage within eWAY’s bank-grade data centre, further protecting your credit card data.
- eWAY is an authorised third party processor for all the major Australian banks.
- eWAY at no time touches your funds; all monies are directly transferred from your credit card to the merchant account held by Pitstop 101 Media.
For more information about eWAY and online credit card payments, please visit www.eWAY.com.au
13 Definitions
| Assign | means any assignment, sale, transfer, disposition, declaration of trust over or other assignment of a legal and/or beneficial interest. |
| Claim | against any person any allegation, action, demand, cause of action, suit, proceeding, judgement, debt, damage, loss, cost, expense or liability howsoever arising and whether present or future, fixed or unascertained, actual or contingent whether at law, in equity, under statute or otherwise. |
| Customer Data | means all materials, code, data, text (whether or not perceptible by users), metatags, multimedia information (including, but not limited to sound, data, audio, video, graphics, photographs, or artwork), e-mail or any other items or materials of yours that are provided or permitted to be used by you and which is stored on the Systems. |
| Website Services | means the work performed by us for you to design and develop your website and/or web page. |
| GST | means goods and services tax payable in accordance with the A New Tax System (Goods and Services Tax) Act 1999 (Cth) and all incidental and ancillary legislation and regulations. |
| Hosting Services | means the server hosting and storage services provided by Us to You through the Systems. |
| Intellectual Property | means all intellectual property rights conferred by law including (without limitation):(1) patents, designs, formulas, plans, specifications or other documents;(2) copyright, trademark, trade business, company names, business names, websites, URLs or email addresses; and(3) all other proprietary rights and all other intellectual property defined in Article 2 of the Convention establishing the World Intellectual Property Organisation (July 1967). |
| Law | means all legislation, regulations, by-laws, common law and other binding order made by any statutory or government authority. |
| Malicious Code | means and software virus, worm, or other harmful computer code, file, script, agent or program. |
| Server Space | means the space allocated by Us for You on the Systems. |
| Services | means one (1) or both of the Hosting Services and the Website Services, as the context requires, provided by Us to You through the Systems. |
| Systems | means the computer equipment, server, operating software, network equipment, components and any other equipment used by, or licensed to, us in the provision of the Hosting Services and includes the Server Space. |
| You | means the party acquiring the Services in accordance with this agreement. |
