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Terms & Conditions
The following terms and conditions apply to your use of the IT Studio Australia web site ("web site"), and provision of any products or services by IT Studio Australia (Australian Business Number) ABN 47 104 062 642 and any company member of its group, (herein after referred to as IT Studio) and its customers. Your use of the web site, or use of any of our products or services, indicates your acceptance of these terms and conditions. These terms and conditions are subject to change by IT Studio. IT Studio may change the content of its terms and conditions at any time without any prior notice to anyone.
Service Availability
In reference to our provision of space on one of our Servers and a connection to and from the Internet for web and email services to the level specified in the package you selected, we will use our best endeavours to provide continuing availability of the Server fleet and the Service but we cannot be liable for service interruptions or down time of the Server.
We will attempt to perform all scheduled maintenance at times which will affect the fewest customers. If scheduled maintenance requires the Service to be offline for more than 30 minutes we will post details of the scheduled maintenance at least 48 hours in advance of the maintenance. If we need to perform unscheduled maintenance that requires the Service to be offline for more than 30 minutes, we will post details of the event after the maintenance has been completed.
Domain Name Registration
In respect of domain names, we advise you that we are resellers of the registrars Planet Domains and NetRegistry Pty Ltd
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 organization 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.
Domain Name Renewal
You expressly authorise and direct us, if we can do so, to be nominated as the authorised billing and technical contact for your domain name with the domain name registrar. If you give us the authority we can also renew your domain name registration upon receipt of renewal notification from the domain name registrar and invoice you for the relevant charge in accordance with our price from time to time.
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 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 remove us as the reseller of your domain name with the domain name registrar, you agree that we may contact you after account closure to remind you of domain name renewals.
Customer Liability, Warranty (Hosting Services)
You agree to indemnify and keep indemnified and hold us harmless from and against any claim brought against us by a third party resulting from the provision of Services by us to you and your use of the Server, and in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities, whatsoever suffered and howsoever incurred by us in consequence of your breach or non-observance of these terms.
You warrant that you will keep secure any passwords used with the Service and that you hold and will continue to hold the copyright in your data or that you are licensed and will continue to be licensed to use that data.
You further warrant that at the time of entering into this agreement you are not relying on any representation made by us which has not been stated expressly in this agreement, or on any descriptions or specifications contained in any other document, including any catalogues or publicity material which we have produced.
You undertake that you will conduct such tests and computer virus scanning as may be necessary to ensure that data uploaded by you onto or downloaded by you from the server does not contain any computer virus and will not in any way, corrupt the data or systems of any person.
You also agree that you are solely responsible for dealing with persons who access your data and that you will not refer complaints or inquiries in relation to such data to us.
You indemnify us against all claims arising out of your registration and use and renewal of registration of your chosen domain name, unless and to the extent that the claim arises out of our breach of this agreement, or our negligent act or omission
Customers Obligations
As member of IT Studio, the Customer must provide current, complete, and accurate information about the Customer at all times.
The Customer is entirely responsible for their account which includes confidentiality, any and all activities through using the Customer's account, IT Studio will not be held responsible in any manner.
On the first purchase the Customer places with IT Studio, the Customer might be required to provide additional identification to IT Studio to help eliminate Internet credit card fraud and to provide additional security.
IT Studio reserves the right to terminate a Customer's account if it is found to contain false, incomplete, inaccurate information. If any security concerns or breaches arises from the Customer, they shall report it to IT Studio immediately.
IT Studio's Liabilities & Warranties
We accept liability for the supply of the Services to the extent provided in this agreement
We do not warrant that:
" the services provided under this agreement will be uninterrupted or error free;"
" the services will meet your requirements, other than as expressly set out in this agreement; or"
" the services will be free from external intruders (hackers), virus or worm attack, denial of service attack, or other persons having unauthorised access to the services or systems of IT Studio Australia."
Except as expressly provided to the contrary in this agreement, we exclude all liability for indirect and consequential loss or damage of any kind, loss or corruption of data, loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind, in contract, tort (including negligence), under any statute or otherwise arising from or relating in any way to this agreement and/or its subject matter.
We make or give no express or implied warranties including, without limitation, the warranties of merchantability or fitness for a particular purpose, or arising from a course of dealing, usage or trade practice, with respect to any goods or services provided under or incidental to this agreement. No oral or written information or advice given by us, our resellers, agents, representatives or employees shall create a warranty or in any way increase the scope of the express warranties hereby given, and you may not rely on any such information or advice.
Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the services will be limited to the charges paid by you in respect of the services which are the subject of any such claim and provided that you notify us of any such claim within one year of it arising.
In no event will we be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.
In the event that this agreement constitutes a supply of goods or services to a consumer as defined in the Trade Practices Act 1974 (Cth) nothing contained in this agreement excludes, restricts or modifies any condition, warranty or other obligation in relation to this agreement, where to do so is unlawful. To the full extent permitted by law, where the benefit of any such condition, warranty or other obligation is conferred upon you pursuant to the Act, our sole liability for breach of any such condition, warranty or other obligation, including any consequential loss which you may sustain or incur, shall be limited (except as otherwise specified in this agreement) to:
" the replacement of the goods or the supply of equivalent goods or payment of the cost of replacing the goods or acquiring equivalent goods; or
" the repair of the goods or payment of the cost of having the goods repaired;
" the supplying of the Services again; or
" the payment of the cost of having the Services supplied again.
We specifically exclude any warranty as to the accuracy or quality of information received by any person via your server and in no event will we be liable for any loss or damage to any data stored on the Server. You are responsible for maintaining insurance cover in respect of any loss or damage to your data stored on the Server.
Suspension & Termination of Services.
We may suspend or terminate your account if you breach any of these terms and conditions, or if you become insolvent or you are declared bankrupt.
From time to time we may have to suspend or disconnect the service without notice or deny your access to the Service during any technical failure, modification or maintenance involved in the Service. We will use reasonable endeavours to procure the resumption of the services as soon as reasonably practicable. In these circumstances you will remain liable for all charges due throughout the period of suspension.
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.
If you wish to terminate your account with us for any reason you may do so by giving us 30 days notice in writing. If we wish to terminate your Service for reasons other than a breach of these conditions, we can do so by giving you 30 days written notice. In these circumstances, we will refund any remaining unused credit on your account.
If your account is closed for whatever reason you must pay all outstanding charges immediately.
We are under no obligation to provide you with a copy of your data if we have suspended or terminated your access to the service for your breach. If we provide you with a copy of your data in such circumstances, we are entitled to charge a fee for service.
Fees, Charges, Payments
Any Quotation made by IT Studio is not an offer to sell, and no order given in pursuance of any Quotation shall bind the company unless accepted by it. Unless otherwise agreed in writing, all orders are subject to acceptance by IT Studio within seven (7) days of receipt by IT Studio of the customer's offer.
All pricing is in Australian dollars and inclusive of GST. Please note that pricing and stock availability are subject to change without prior notice. IT Studio reserves the right not to sell below its cost.
All orders placed are subject to confirmation and acceptance by IT Studio, this includes the pre-paid orders, eg. direct deposit etc.
IT Studio may vary prices in the event of price changes or mistakes made by suppliers on reasonable prior notice to you. If IT Studio requests payment for increased prices, you may cancel the order by giving notice to IT Studio, which must be received within seven days of the announcement of the increase.
To minimise errors and improve efficiency, orders should be placed using our on-line ordering system whenever possible.
Unless otherwise agreed in writing, all charges payable by you to us for the Services will be in accordance with the relevant scale of charges and rates published from time to time by us on our website and will be due and payable within the approved term as advised by IT Studio, or in the absence of a term approved by IT Studio, within seven days of receipt of our invoice. The price of the package we provide you will remain fixed for the period covered by the payment; that is, monthly, quarterly or annual. After that time you will be billed at the rates current on our website at the time the Service is renewed.
Payment for products or services ordered through IT Studio can be made by credit card or direct deposit IT Studio's bank account.
If you exceed our seven day credit terms, you will be charged a late payment fee.
Prices published on our web site are inclusive of any government taxes or charges unless otherwise noted.
The provision of services is contingent upon our having received payment in full from you in respect of the Services we provide. Without prejudice to our other rights and remedies under this agreement, if any sum payable is not paid on or before the due date, we reserve the right, at our discretion, to suspend the provision of Services to you.
If you fail to make payment within the terms of this agreement, you will become liable for the cost of collection. This will include interest on any overdue amount, calculated at the daily rate of 10% per annum, from the due date of the payment.
If you have chosen a yearly contract for your Service, your account will be automatically rolled over for a further yearly contract at the end of the term. You must give us notice before the end of the term if you wish to cancel or alter your Service. If you elect to pay your fees on a yearly basis, and fail to make payment within 14 days of invoice, you will not be entitled to receive the yearly fee discount.
Upon registration of a credit card account, you give us authorisation to debit your credit card for all charges. If you are bill on a monthly basis the billing cycle begins from the date you register.
You consent to us obtaining a report from a credit reporting agency on you credit worthiness if you choose to pay by credit card.
No refunds will be given for unused portions of payments in advance (including payment of yearly contracts) unless the account has been terminated due to our breach of these terms and conditions or we exercise our rights to terminate your contract.
7 Day Money Back Guarantee
If for any reason you wish to not go ahead with your hosting or email service, you will need to contact us within 7 days of the service commissioning, and we will cancel all services at no cost. We will immediately delete any space provisioned, and will not provide backups of data either on the web space or in any mailboxes. If you require this information, responsibility lies with you to make copies before cancellation.
Domain name registration costs cannot be refunded due to licensing agreements.
Returns/Refunds/Cancellations
There will be no credit given on order price difference, due to price drops. Please select carefully at the time when you place your order.
If requested by IT Studio, the Customer may be required to provide information in that IT Studio can easily assist the Customer with any monetary refund or cancellation. This information may include member's names, address, home phone, work phone, credit card details and other relevant information required by IT Studio. Failure to provide sufficient information may delay the refund or cancellation, IT Studio is not to be held responsible for any delays according to clause provided by IT Studio.
Any attempt to cancel an order must be made as soon as possible. Cancellations may be communicated by telephone, email or Fax. Saturdays, Sundays and holidays by E-mail or Fax only.
Archiving and Backing Up of Your Data
We will archive your data on a regular basis for the purposes of disaster recovery. In the event of equipment failure or data corruption, we will restore from the last known good archive. In the event of corruption of all of our archives, or in the event that an old archive is used to restore data, you should be prepared to upload your data to your web site. You must maintain a recent copy of your data at your premises at all times. We will not be liable for incomplete, out-of-date, corrupt or otherwise deficient data recovered from our backups.
Spam & Virus Filters
You agree that we can use spam and virus filters and that this may require us to use third party equipment or services to monitor and filter email traffic between our equipment and the Internet. You agree that we will not be liable for any loss or damage resulting from the use of spam or virus filters.
Operating Platform
Unless otherwise agreed, the service is provided by us from our data centre in Australia. We reserve the right to migrate your web site to a new operating system platform if our operating system supplier ceases to provide appropriate support or your particular server fails or becomes unreliable.
We will advise you of such a change but we will not take any responsibility for web site failure if you have failed to keep your contact details up-to-date or if you have not checked the operation of your web site post-migration and notified us of any required changes to the web site configuration.
Ownership of Equipment
Unless otherwise agreed, you obtain no rights to the hardware and other infrastructure and facilities used by us to deliver the Service.
Retention of Title
The title to the Products will pass to the Customer when payment in full for the Products has been received by IT Studio. Until the Customer has paid to IT Studio the full purchase price:
a/ Customer shall hold the Products as bailee for IT Studio.
b/ the Products shall be stored at the Customer's risk, and in such manner that they are readily distinguishable from other products owned by the Customer or other persons.
c/ the Customer shall indemnify IT Studio against any claim, action, proceeding, damage, loss, costs, expense or liability whatsoever, arising out of the possession, use or disposal of the Products by IT Studio, or repossession or attempted repossession by IT Studio.
d/ any sale of the Products shall be effected as bailee for IT Studio, and the proceeds of such sale shall be held on trust for IT Studio. The proceeds of such sales must be held in a separate account or otherwise clearly identified in the books and records of the Customer.
e/ the Customer shall permit IT Studio to inspect the Products, and the records and books of the Customer to the extent that they relate to the Products.
f/ reserve right of entry to inspect or recover goods owned by IT Studio, wherever they are located.
In the event that:
a/ the Products are not paid for in full in accordance with these terms and conditions of sale, or any other agreement between IT Studio and the Customer; or
b/ the Customer commits any breach of the terms and conditions of sale or any other agreement between IT Studio and the Customer; or
c/ the Customer receives notice of or reasonably believes that a third person may attempt to levy execution against the products; or
d/ the Customer makes or proposes to make an arrangement with its creditors or is placed under official management, or a petition is presented, or an application filed for the winding up of the Customer, or the Customer ceased to trade, or the Customer (being a natural person) commits an act of bankruptcy.
then IT Studio may, at any time, without notice to the Customer, and without prejudice to any other right which it may have against the Customer, terminate the contract and the bailment referred to above, and enter upon any premises owned or occupied by the Customer where IT Studio reasonably believes the Products may be stored, and repossess the Products without being liable for any damage caused, and subsequently dispose of the Products at its discretion. In this event, the Customer ceases to be liable to IT Studio for payment for the Products, If Moneys are recovered in full.
Disclaimer
Due to changing market forces and other extenuating circumstances that affect product availability, and price stability we reserve the right to withdraw any product we advertise and change prices without notice.
Information contained throughout the web pages and in our database is believed to be accurate and reliable at the time of publishing. There may be misprints, human errors, and omissions. We reserve the right to make changes and corrections in prices, products, and specifications without notice.
Images displayed on this web site should be regarded as illustrative and informational purpose only. The actual products are often not identical to the images.
Differences & Complaints.
IT Studio shall not be liable in respect of any difference or complaint arising out of the terms and conditions of sale unless the Customer advises IT Studio in writing of the difference or complaints not later than fourteen (14) days after the date of the occurrence of the events or circumstances on which the difference of complaint is based.
Waiver
The failure or neglect by IT Studio to enforce or waiver the provisions hereof, shall not be constituted nor shall be deemed to be a waiver of IT Studio's rights hereunder, nor in any way effect the validity of the whole or any part of the terms and conditions of sale, nor prejudice IT Studio's right to take subsequent action.
Sever Ability
In the event that any part of these terms and conditions shall be deemed invalid, unlawful or un-enforceable to any extent, such terms or conditions shall be severed from the remaining terms and conditions, which shall continue to be valid and enforceable to the fullest extent permitted by law.
Governing Law
IT Studio and the Customer agree that the terms and conditions of sale shall be governed by the laws of the State of New South Wales, Australia.
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