IT Place Hosting Services Agreement
© IT Place ABN: 63 149 452 263
1. Definitions
1.1 “IT Place” represents IT Place (ABN: 63 149 452 263) www.itplace.com.au including but not limited to all its sub domains and sub sites.
1.2 “We”, “Our”, “I” and “Us” means IT Place as a business, its staff, and management.
1.3 “Customer” means You, your, or enquirer, entity or any person, who ordered our product(s) and service(s), accessing or otherwise using the IT Place website and the platforms of its suppliers offered through IT Place website.
1.4 “Services” means any product(s) or service(s) the Customer has signed up to use. This can include, but is not limited to, the provisioning of space on one of our vendor servers and a connection to and from the internet for web, email, and FTP services to function at the level specified in the chosen service level, domain registration, email hosting, DNS Hosting, SSL Certificate services, etc. These product(s) and service(s) are identified in full within the “Sign Up” process on IT Place Hosting Services website.
1.5 “Supplier” means any entity, organisation, vendor, company, contractor or a person that IT place signs up with to procure product(s), and service(s) in order to resell to IT Place customers.
2. Hosting Services
2.1 IT Place offers hosting services to its customers from IT Place website directly or through a third party vendor who act as a supplier of such services. Third party services may be subject to specific agreements as supplied by them. By applying or using any service offered by us, you must agree to the IT Place Hosting Services Agreement and any agreement of our third party suppliers.
2.2 It is your responsibility to ensure that any applied hosting package application or any other product(s) or service(s) package applied from IT place hosting website is completed and activated to be ready for full use. Any quoted times for account activation notified by us or by our third party supplier(s) are estimates only and we do not guarantee or imply activation within the quoted time frame. We may delay or refuse activation if:
a) We believe the order, information or payment is fraudulent
b) The domain name quoted does not exist, is in a non-usable state (e.g. pending renew) or deemed to be proposed for use that voids our Acceptable Use policy
c) You have any funds outstanding with relation to any other account
d) You have any funds outstanding with relation to any other account
e) There is any other reason which we deem satisfactory
2.3 We may send notification of hosting activation however your contact details must be correct and up to date. This is not final word that your hosting is fully active and ready for use, you must ensure the hosting is fully functional
2.4 You release us of any claim arising from failed hosting activation whether at fault of our system, suppliers, our staff or any other factor that is out of our reasonable control.
3. Loss of Service
We will endeavour to maintain network stability and satisfactory service levels, however:
3.1 Our services to you are dependent on our third party supplier which may from time to time perform routine maintenance, service and upgrades. We will endeavour to work with our suppliers to ensure that our supplier act on such instances at the most convenient times and provide reasonable notice by any means we deem satisfactory.
3.2 We may experience outages beyond our control caused by any of the following; force major (any 'act of god' including those induced by negative human activities), war, invasion, act of hostilities, civil war, rebellion, military power or confiscation, terrorist activities, nationalism, governmental/quasi-governmental sanction, restraint, embargo, prohibition or intervention, blockage, labour dispute, general strike, lockout or failure of utilities (electricity, telephone, etc), failure of hardware (our hardware as well as third party), failure of software, failed software or hardware upgrade or any other failure as caused by IT Place, our suppliers or any third party.
3.3 We may, at our discretion provide notification of outages whether planned or unplanned.
3.4 You release us from any claim or potential claim with relation to outages and any loss of business/service suffered by you or any third party.
4. Payment
4.1 IT Place uses, and relies on a Third party secure and SSL encrypted platform to process all Credit Card transactions. Every effort is made by our supplier(s) that your Credit Card details are kept securely. You release us, and our supplier(s) from any claim(s) or potential claim(s) should the security of the Credit Card details stored and the transactions is compromised.
4.2 If any payment due from you to us is not received by the due date, you authorise us to directly debit that payment using the credit card account details provided by you upon registration.
4.3 We are entitled to recover (on a full indemnity basis) any costs, fees and charges (including legal costs) incurred in recovering any amounts owing by you to IT Place or its suppliers. Without limitation to the above, we may charge an administration fee of AUD $50.00 for any dishonoured cheques.
4.4 You acknowledge that if we do not receive renewal payment prior to the date of expiry we reserve the right to suspend services immediately without notice. We may provide a 30 day grace period at the discretion of IT Place management whereby we will hold your information and data on our supplier servers. Should this period expire without payment we reserve the right to purge all data pertaining to your account with us or with our suppliers.
4.5 Auto renewal of Hosting plans- All agreements will be automatically renewed at the end of the their billing period unless notification of intent to cancel is received in compliance with our Cancellation policy below
5. Suspension, Cancellation and Refunds
5.1 We reserve the right to suspend/cancel any/all service(s), including all domain name(s) if:
a) You have any outstanding invoice or account.
b) Your account is in dispute or dispute resolutions procedure, court order, judgement, findings or determination
c) You fail to comply with any provision in this agreement or those referenced in this agreement
d) There is evidence of fraudulent, illegal, defamatory, offensive activities, or any activity in breach of a third party's rights
e) We deem your use of our services may jeopardize the operation of the service, IT Place or our suppliers
f) We deem any other reason as satisfactory to protect IT Place, our staff and/or our suppliers
g) If your account is cancelled under this agreement:
h) You must pay all outstanding charges to us immediately
i) We may revoke/terminate any license issued to or by you in relations to the services as of the date of cancellation
j) We may immediately delete all data held prior to cancellation
k) We may perform any action without notice
5.2 We are not obliged to provide refunds for any hosting product(s), however we may offer refund only if a cancellation request is filed within 72 hours of order application.
5.3 Deposit / Cheque order cancellations will result in a credit being applied to your account, and AUD $25.00 surcharge to be taken from refunded amount.
5.4 Direct Deposit overpayments will either be returned via full account credit or transaction reversal minus AUD $25.00 surcharge.
5.5 It is your responsibility to ensure product(s) and service(s) are utilized as instructed and to their full potential. Refund will not be offered if there is evidence of inadequate or incomplete usage of the product or service.
5.6 It is your responsibility to ensure the appropriateness and compatibility of the products and services that you are purchasing. We take no responsibility for any mistakes in application either on the advice of our staff or your sole decision.
5.7 We may choose, on your request to downgrade an account however no refund/credit will be applied if outside the 72 hour cooling off period.
5.8 Refunds granted after 72 hours of application will incur AUD $25.00 surcharge.
5.9 No refund or account credit will be offered if requested in excess of 4 weeks after application.
6 Acceptable use Policy (AUP)
6.1 It is your responsibility at all times to:
a) Use our service(s) in a manner which does not violate any applicable laws or regulations
b) Respect the conventions of the newsgroups, lists and networks that you use
c) Respect the legal protection afforded by copyright, trademarks, license rights and other laws to materials accessible via our service;
d) Respect the privacy of others
e) Use the service(s) in a manner which does not interfere with or disrupt other network users, services or equipment; and
f) Refrain from acts that waste resources or prevent other users from receiving the full benefit of our services
g) Ensure your use of our service(s) remains ethical and in accordance with accepted community standards
You must at all times comply with law. You will be in breach of this policy on violation of state, federal or international laws.
6.2 It is not acceptable to use our service(s) to:
a) Violate copyright or other intellectual property rights;
b) Illegally store, use or distribute software; transmit threatening, obscene or offensive materials
c) Engage in electronic 'stalking' or other forms of harassment such as using abusive or aggressive language
d) Misrepresent or defame others
e) Commit fraud
f) Gain unauthorized access to any computing, information, or communications devices or resources, including but not limited to any machines accessible via the Internet
g) Damage, modify or destroy the files, data, passwords, devices or resources of IT Place, its supplier(s), other users or third parties
h) Engage in misleading or deceptive on-line marketing practices;
i) Conduct any business or activity or solicit the performance of any activity that is prohibited by law
j) Make an unauthorised transmission of confidential information or material protected by trade secrets
k) “Spam” or engage in "spamming" activities as defined in clause 4
l) Engage obscene speech or materials, this includes, advertising, transmitting, storing, posting, displaying or otherwise making available; child pornography, offensive sexual content or materials or any other obscene speech or material
m) Post or transmit defamatory, harassing, abusive or threatening language
n) Create, distribute or provide information/data regarding internet viruses, worms, Trojan horses, pinging, flooding, mail-bombing or denial of service attacks;
o) Facilitating a violation of this Acceptable Use Policy
p) Perform any other action through utilization of any service which we deem unsatisfactory
q) Attempt to do any of the above
6.3 You also agree not to attempt any of the following:
a) Use 25% or more of system resources for longer than 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, scripts, FTP, PHP, HTTP, Mail, etc
b) Run any type of interactive real-time chat applications that require server resources. 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 gaming servers/services
f) Any activity which causes the server to crash / restart
g) Check their email more than every 3 minutes
6.4 You agree that we may at our discretion and by order of any law enforcement agency disclose information relating to your account and use of service(s). We may also report any action we find in breach of this agreement, local, state, federal or international laws and cannot be held liable for any outcome resulting in our actions.
6.5 Any breach of our AUP can result in immediate termination of services and loss of all data held on provided services.
6.6 You release us, our staff and our suppliers of any liability resulting in such instances.
7 Liability and indemnity
7.1 You agree that we and our suppliers shall have no liability to you or any other person with respect to any loss of service, data, business, indirect, incidental, consequential, special, exemplary or punitive damages, including loss of profit/goodwill for any matter whether such liability is asserted on the basis of contract, tort, breach of warranties either expressed or implied.
7.2 You agree to defend, indemnify, save and hold us, our staff and suppliers from any and all demands, liabilities, losses, costs and claims, including reasonable legal fee's asserted against us, our agents, our clients, our offices and employees, that may arise or result from any service provided, performed or agreed to be performed or any product sold by a customer, their agents and employees.
7.3 You agree to defend, indemnify, and hold us and our suppliers harmless against liabilities arising out of:
a) Any injury to person or property caused by any products sold or otherwise distributed in connection with IT Place, and its suppliers.
b) Any material supplied by the customer infringing or allegedly infringing on the proprietary rights, legal and/or civil rights of a third party
c) Any breach of any representation or warranty provided herein
d) Any negligence or willful misconduct by you
e) Any allegation that your account infringes a third person's copyright, trademark, or intellectual property right, or misappropriates a third person's trade secrets
f) Any defective products sold to customers from our server
7.4 By accessing any service hosted on our network you understand, agree and are bound to this indemnification and any other indemnification mentioned in our service agreement and agreements referenced to therein.
7.5 Should we be notified of pending legal action or intention to seek legal advice, we may seek written confirmation from you concerning your obligation to indemnify IT Place, and its suppliers. Failure to provide such confirmation may be considered a breach of this agreement.
7.6 We cannot be held responsible for any damages your business/operation may suffer. We provide no warranties, expressed or implied, for service we provide. Nor do we guarantee your web site or applications will be error free on our, and our supplier servers. We are not responsible for loss of data resulting from delays, software incompatibility, hardware or software issues, outages, failed deliveries and any service interruption caused by IT Place, our staff, or our suppliers.
Should any part of this policy be made invalid by relevant legislation, the remainder of the policy shall remain in force.
8. Data Management
8.1 IT Place is a reseller of hosting product(s) and service(s), and relies on the product(s), and service(s) offered by its supplier(s).
8.2 IT Place provide no warranties, expressed or implied for any data management in the form of regular backups or archiving of data of its supplier servers, nor do we provide any guarantee for any applications used by our supplier(s).
8.3 It is a responsibility of the customer to ensure all backups and archives of their account are performed on regular basis.
8.4 The Customer should always maintain a recent copy of all data at all times, as IT Place will not be liable for any incomplete, out of date, or corrupt data.
8.5 If customer requests IT Place to restore their backup, a fee of AUD $99.00 will be charged.
9. Changes
9.1 IT Place reserves the right to update, or change all the prices, fees, and charges of its product(s), service(s) and the terms and conditions of this agreement at any time without prior notice to its customers. The updated Hosting Services Agreement will be published on IT Place web site for customer accessibility.
9.2 It is a Customer responsibility to ensure that they are familiar and up to date with all the changes.
9.3 While IT Place makes every effort to ensure all the prices and the descriptions of the Product(s), Service(s) are kept up to date, inadvertent errors do occur from time to time and IT Place reserves the right to decline orders arising from such errors. IT Place disclaims all liability for any loss or damage, direct or indirect, which may be suffered through relying on any information contained in, or omitted from, IT Place websites.
10. Entire Agreement
10.1 These terms and conditions constitute the entire agreement between IT Place, and the Customer, and it supersedes all prior oral or written agreements, understandings and representations.
11. Governing Law
11.1 The Customer agrees to abide by all local, state and federal laws pursuant to the Services delivered by IT Place and its supplier(s)
11.2 The Customer agrees that these terms and conditions are governed by the laws of Queensland, Australia, and agrees to the exclusive jurisdiction of the Courts of that state.
12. Acceptance
12.1 Terms and Conditions of IT Place, and the Terms and Conditions outlined in this agreement forms a Hosting Services Agreement between the Customer and IT Place. Customer signify the acceptance of this agreement, when Customer submits their order for any Product(s), or Service(s) from IT Place website, its domains and its sub sites and that order was approved.