We may provide services directly or via a third party. 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 this agreement and any agreement of our third party suppliers.
1.2 Hosting setup
It is your responsibility to ensure that any applied hosting package application is completed and activated ready for full use. Quoted times for account activation are estimates and we do not guarantee or imply activation within the quoted time frame. We may delay or refuse activation if:
We may send notification of hosting activation however:
You release us of any claim arising from failed hosting activation whether at fault of our system, our staff or any other factor out of our reasonable control.
1.3 Loss of service
We will endeavour to maintain network stability and satisfactory service levels, however:
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.
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 Webics. Without limitation to the above, we may charge an administration fee of $25.00 for any dishonoured cheques.
You acknowledge that should we 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 whereby we will hold your information and data on our servers. Should this period expire without payment we reserve the right to purge all data pertaining to your account with us.
Payment terms are net fourteen (14) days from the date of invoice. Any amounts not paid within the fourteen (14) days shall be charged an admin fee of $15.00.
1.5 Suspension and cancellation
We reserve the right to suspend/cancel any/all service, including all domain names if:
If your account is cancelled under this agreement:
1.6 Acceptable use policy
It is your responsibility at all times to:
You must at all times comply with law. You will be in breach of this policy on violation of state, federal or international laws.
It is not acceptable to use our service(s) to:
You also agree not to attempt any of the following:
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 services. 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.
Any breach of our AUP can result in immediate termination of services and loss of all data held on provided services. You release us, our staff and our suppliers of any liability resulting in such instances.
1.7 Liability and indemnity
You agree that we 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.
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.
You agree to defend, indemnify, and hold us harmless against liabilities arising out of:
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.
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 Webics. Failure to provide such confirmation may be considered a breach of this agreement.
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 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 Webics, our employees or our suppliers.
Should any part of this policy be made invalid by relevant legislation, the remainder of the policy shall remain in force.
2 Domain names
In respect of domain names, we advise you that we are a reseller for the auDA accredited registrar AussieHQ and a reseller for the registrar Enom Inc.
2.1 Registering of domain names
We do not warrant or guarantee that the domain name applied for will be registered in your name or is capable of being registered by you. Accordingly, you should take no action in respect of your requested domain name(s) until you have been notified that your requested domain name has been registered.
Both the registration of the domain name and its ongoing use are subject to the relevant naming authority’s terms and conditions of use and you are responsible for ensuring that you are aware of those terms and conditions and that you comply with them. You irrevocably waive any claims you may have against us in respect of the decision of a naming authority to refuse to register a domain name and, without limitation, agree that the administration charge paid by you to us shall be non-refundable in any event.
We accept no responsibility in respect of the use of a domain name by you. Any dispute between you and any other individual or organisation regarding a domain name must be resolved between the parties concerned and we will take no part in any such dispute. We reserve the right, on our becoming aware of such a dispute, at our sole discretion and without giving any reason, to either suspend or cancel the domain name, and/or to make appropriate representations to the relevant naming authority.
2 .2 Renewal of domain names
You acknowledge that we are not obliged to renew your domain name if you do not confirm to us that the domain name should be renewed. In such circumstances we are not liable for any loss or damage resulting from non-renewal of your domain name. We may not renew your domain name where you have unpaid invoices or if you are in breach of any terms of your use of our services.
You acknowledge that our primary method of communication for domain renewal purposes is via email. We will not be held responsible for the non-renewal of your domain name if your email contact details are not kept up to date.
If you close your account with us but do not transfer your domain name to another registrar, you agree that we may contact you after account closure to remind you of domain name renewals.
The following clauses apply specifically to refunds.
3.1 General Refunds
Webics will not issue refunds to users who have their account terminated by us, for breach of our terms of service. Refunds will not be made to users who exceed their allocated bandwidth limit. Accounts that are renewed for additional terms are also not subject to our money back guarantees.
Refunds will not be granted for any projects/services which have already been initiated. In the event you are eligible the amount paid will be credited to your client account.
5 Dispute resolution
The parties will, in good faith, attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement by negotiation. Either party may initiate negotiations by providing written notice in letter-form to the other party, setting forth the subject of the dispute and the relief requested. The recipient of such notice will respond in writing within five days with a statement of its position on, and recommended solution to, the dispute. If the dispute is not resolved by this exchange of correspondence, then representatives of each party with full settlement authority will meet at a mutually agreeable time and place within ten days of the date of the initial notice in order to exchange relevant information and perspectives, and attempt to resolve the dispute. If the dispute is not resolved by these negotiations, the matter shall be submitted to mediation in accordance with, and subject to, The Institute of Arbitrators & Mediators Australia Mediation and Conciliation Rules.
If the dispute or difference is not settled within 30 days of the submission to mediation and provided such period is not extended by consent of the parties, it shall be and is hereby submitted to arbitration in accordance with, and subject to, The Institute of Arbitrators & Mediators Australia Rules for the Conduct of Commercial Arbitration.
Notwithstanding the existence of a dispute or difference each party shall continue to perform the Agreement.
This clause shall survive termination of this Agreement.
This website is governed by the laws of the state of NSW, Australia. Any dispute arising from the use of this website will be settled in this jurisdiction.
Terms subject to change at any time without notice.