Terms and Conditions

Terms and Conditions

Terms and ConditionsEffective Date 14 April 2012

1       General

2       Privacy Policy

3       Billing & Refund Policies

3.1         Refund Policy

3.2         Billing Policies

3.2.1          Web Hosting & Hosted Exchange

3.2.2          Professional Services

3.3         Schedule of fees

3.4         Cancellation, Termination and Suspension of Service

4       Service Policies

4.1         Service Delivery

4.2         Refusal of Service

4.3         Maintenance

4.4         Support

4.5         Security

4.6         Indemnification

4.7         Disclaimer

5       Acceptable Use Policy

6       Customer Service Contacts

 

1         General

All payments for goods and services rendered by ConsortiumWeb Pty Ltd are in Australian Dollars (AUD).

All payments should be made in favour of:

ConsortiumWeb Pty Ltd
ABN 120 847 672
Registered Office:
519/38 Warner Street
Fortitude Valley QLD 4006
Australia

ConsortiumWeb Pty Ltd (“ConsortiumWeb”) agrees to furnish services to the Customer, subject to the following Terms and Conditions.

Use of ConsortiumWeb’s Service constitutes acceptance and agreement to ConsortiumWeb’s Terms and Conditions.

ConsortiumWeb may modify this Agreement from time to time, with or without notice, and your continued participation in the Program after such modification shall be deemed to be your acceptance of any such modification. Modifications to the Terms and Conditions shall not be grounds for early contract termination or non-payment. It is your responsibility to check this Terms and Conditions page regularly to determine whether this Agreement has been modified. If you do not agree to any modification of this Agreement, you must immediately cease participation in the Program.

By activating your account with ConsortiumWeb, you agree to the above policies and disclaimer. Upon requesting an account, you are required to accept the terms listed in our Terms and Conditions.

2         Privacy Policy

Please refer to our global Privacy Policy at http://www.consortiumweb.com/home/privacy-policy/.

3         Billing & Refund Policies

3.1       Refund Policy

No refunds are offered for services rendered and billed in arrears.

Refunds will be made available to web hosting and hosted Exchange paying for Services in advance, where Customers have a signed Service Level Agreement outlining refund policies for Services that fail to meet up-time targets. Please refer to your individual Service contract for refund calculations.

Refunds for Service cancellations are governed by Terms outlined in Section 4.4 Cancellation, Termination and Suspension of Service.

No refunds are available for prepaid accounts where the Terms & Conditions have been violated.

3.2       Billing Policies

Payments may be made via cheque, PayPal, EFT and Credit Card. Credit Cards accepted include MasterCard, Visa, Visa Debit and American Express.

Payment by some methods may attract a surcharge. For details, please see section 3.3 Schedule of fees.

You will be responsible for paying your invoice on time each month, or by the due date indicated on your invoice.

3.2.1       Web Hosting & Hosted Exchange

Charges shall commence to accrue on the date that ConsortiumWeb provides login information to Customer. Payments are due on the anniversary date of the month for that month’s service. Any additional charges, including, but not limited to, any late fees and any usage-based charges, including, but not limited to, bandwidth overages, shall be invoiced in arrears and shall appear on the monthly invoices for Services and Products or separate invoices.

3.2.2       Professional Services

Individual Terms and Conditions for payment, including notice of termination, are outlined in individual service contracts and must be agreed to prior to commencement of services.

3.3       Schedule of fees

The following table outlines fees attracted by various payment methods offered by ConsortiumWeb:

Payment Method Surcharge Applicable
EFT (direct deposit) No surcharge
Cheque No surcharge
Mastercard, Visa, Visa Debit No surcharge (from 1 September 2013)
American Express No surcharge (from 1 September 2013)

 

3.4       Cancellation, Termination and Suspension of Service

The customer reserves the right to give notice of Service cancellation at any time during a billing term. Cancellations will occur at the end of the current billing cycle.

Cancellations must be requested in writing by:

  • Email to email hidden; JavaScript is required, or
  • Post to PO Box 107, Fortitude Valley QLD 4006, Australia.

The closure notice will take effect on the next billing date following the date of your notice. You will be required to pay charges for Services supplied up to the date on which the closure notice takes effect.

ConsortiumWeb reserves the right to terminate your service for any action deemed unacceptable by our Acceptable Usage Policy (see Section 6).

We may without notice suspend the Service or disconnect or deny your access to the Service:

  • during any technical failure, modification or maintenance involved in the Service provided that we will use reasonable endeavours to procure the resumption of the Services as soon as reasonably practicable; or
  • if you fail to comply with any provision in these Terms and Conditions (including failure to pay charges due), or do, or allow to be done, anything which in our opinion may have the effect of jeopardising the operation of the Service, until the breach (if capable of remedy) is remedied.
  • Notwithstanding any suspension of any Service under this clause you shall remain liable for all charges due throughout the period of suspension.

ConsortiumWeb reserves the right to lock any account after delinquent payments or failure to make payment arrangements 15 days after your invoice is due. Such termination or denial will not relieve Customer of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.

ConsortiumWeb reserves the right to remove and permanently erase any data on live systems as well as backup servers if payment has not been secured within 45 days of the due date on the oldest invoice in the account.

If your account has been suspended or terminated due to your breach, reactivation of your account will be completely at our discretion. If we agree to reactivate your account, we will require:

  • payment in full of all outstanding amounts; and
  • payment of a reactivation fee.

ConsortiumWeb may without notice to you remove, amend or alter your data upon being made aware:

  • of any claim or allegation;
  • of any court order, direction, judgment, determination or other finding of a court or other competent body; or
  • that the data is illegal, defamatory, offensive or in breach of a third party’s rights.

We may end our agreement with you and cease providing Services (other than Services for a fixed contract period) for any reason, on 30 days written notice to you; with respect to Services for a fixed contract period, the notice will not expire before the end of the fixed contract period.

If your account is closed you must pay all outstanding charges immediately and we may delete all Customer Data from any storage media.

We are under no obligation to provide you with a copy of the Customer Data if we have suspended or terminated your access to the Service for your breach. If we provide you with a copy of Customer Data, we are entitled to charge a fee for service.

You understand and agree that ConsortiumWeb shall be the sole determiner in cases of suspected abuse, fraud, or violation of its rules and any decision it makes relating to termination of membership (including cancellation of commissions) shall be final and binding.

4         Service Policies

4.1       Service Delivery

Details of any new web hosting or hosted Exchange account will be sent to the registered email address of the account holder. Commencement of billing takes effect upon delivery of login details for the Service. You are advised to immediately notify ConsortiumWeb if you have not received notification of your login details within two business days of registration.

4.2       Refusal of Service

ConsortiumWeb reserves the right to refuse to supply services to a potential customer who has previously had its account with ConsortiumWeb terminated for breach. In this clause, “potential customer” includes:

  • (if the potential customer is a corporation) its Related Entity or Related Party (as those phrases are defined in the Corporations Law); and
  • (if the potential customer is an individual) any corporation in which the potential customer was at the relevant time an officer or shareholder, or a Related Party of a shareholder.

4.3       Maintenance

ConsortiumWeb designates time periods (“scheduled maintenance windows”) during which it may limit or suspend the availability of the service to perform necessary maintenance or upgrades. ConsortiumWeb will provide notice via electronic mail to customer of scheduled maintenance.

4.4       Support

ConsortiumWeb provides technical support to our Customers via onsite attendance, email and telephone services. ConsortiumWeb provides support related to your ConsortiumWeb-developed application, services or account operations. ConsortiumWeb does not offer technical support for application specific issues such as ASP, ASP.NET, PHP, Perl programming (scripting errors), HTML or any other such issue where scripting was not created or is not explicitly maintained by ConsortiumWeb.

ConsortiumWeb does not provide technical support for your customers.

4.5       Security

ConsortiumWeb utilises the services of a third party to process credit card payments. This third party is in ConsortiumWeb’s determination a provider of secure services, however ConsortiumWeb cannot be held responsible for processing of payments provided by this third party.

ConsortiumWeb provides its customers with access to real time payment gateways. You will use these gateways at your own risk. ConsortiumWeb will not be held liable for processing credit cards or taking online payments directly or indirectly using our equipment or any gains or losses incurred by using them. Please make sure to keep all your data in a secure location.

Payment is secured with a SSL (Secure Sockets Layer), a security technology that is used to secure server-to-Internet browser transactions. This includes the securing of any information passed by an Internet browser (such as a cardholder’s credit card number) to a web server (such as our payment processor). SSL protects data submitted over the Internet from being intercepted and viewed by unintended recipients. In addition to SSL channel encryption, our payment system encrypts transaction data sent from our website application to the payment processing server to prevent alteration in transit as it is redirected via the customer’s browser.

Your obligation as a customer: The customer is expected to maintain a secure password consisting of at least 8 characters, a mixture of numbers, special characters and mixed-case letters. This password should be changed at least every 90 days. Services should not be accessed from public locations, and from any location where the security of the connection cannot be guaranteed.

4.6       Indemnification

Customer agrees to indemnify and hold harmless ConsortiumWeb against losses, claims, damages, liabilities, penalties, actions, proceedings or judgments to which an indemnified party may become subject and which losses arise out of, or relate to this agreement or customer’s use of the services, and will reimburse an indemnified party for all legal and other expenses, including reasonable attorneys’ fees incurred by such indemnified party in connection with investigating, defending or settling any loss whether or not in connection with pending or threatened litigation in which such indemnified party is a party.

4.7       Disclaimer

ConsortiumWeb cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. Certain services provided by ConsortiumWeb are resold. Thus, certain equipment, routing, software, and programming used by ConsortiumWeb are not directly owned or written by ConsortiumWeb. Moreover, ConsortiumWeb holds no responsibility for the use of our clients’ accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as ConsortiumWeb sees fit.

5         Acceptable Use Policy

All services provided by ConsortiumWeb are to be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any Australian Federal, State or Local law or the laws of any other relevant jurisdiction, is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, material that jeopardizes national security, or material protected by trade secret or other laws. The Customer agrees to indemnify and hold harmless ConsortiumWeb, from any claims resulting from the Customer’s use of ConsortiumWeb’s services which damages the Customer or any other party.

ConsortiumWeb will be the sole arbiter as to what constitutes a violation of this provision. Content that does not meet these standards will be removed without prior notice to the Customer.

6         Customer Service Contacts

Please direct questions, requests, feedback and complaints to ConsortiumWeb via:

Email: email hidden; JavaScript is required

Telephone: +61 (7) 32523037

Post: PO Box 107, Fortitude Valley QLD 4006