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TERMS OF SERVICE AGREEMENT (TOS) | ||||||||||||||||||||||||||
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By submitting the online order form, or by using Netports Australia's service, Customer hereby agrees to Netports Australia’s Terms of Service (TOS), Acceptable Use Policy (AUP), No Spam Policy (NSP), and Privacy Policy. Unless otherwise specified, in this TOS, the AUP, the NSP, and the Privacy Policy, the usage of “us”, “we”, “our”, and “ours” shall refer to Netports Australia, an online infrastructure service provider, and all its divisions, subsidiaries, successors, and assigns. The usage of “you”, “your”, “they”, and “them” shall refer to the Customer of Netports Australia. Customer agrees that it shall comply with this TOS, Netports Australia's Acceptable Use Policy (AUP), and Netports Australia’s No-Spam Policy (NSP). Customer further agrees that it has read Netports Australia’s Privacy Policy and agrees to all the terms and conditions in the Privacy Policy. In this document, the word “Agreement,” with a capital “A,” refers to the TOS, the AUP, the NSP, and the Privacy Policy collectively. 1. General Terms. In consideration of hosting services to be delivered, Customer agrees to be bound by the following terms and conditions: 1.1. Customer agrees to pay, in advance of each monthly or yearly service term (Customer's choice), for hosting services to be rendered. 1.2. Customer agrees to be bound by the service term selected on the online order form or via applicable promotional codes that may require Customer to order Netports Australia’s service for a certain minimum period of time. 1.3. Customer agrees to a no-refund policy in advance. Setup fees and monthly web hosting service fees are non-refundable. 1.4. Non-Payment of services shall result in a 14-day notice of disconnection. All payment failures must be cured within 14 days of notice. 1.5. Netports Australia is not and shall not be responsible for data integrity for any accounts that are terminated, disconnected, or interrupted because of Customer’s failure to pay for Netports Australia’s services. 1.6. Customers agrees to pay all GST applicable to your account (GST is included in all costs quoted on Netports Australia website). 2. Agreement for Services. 2.1. Netports Australia will provide, and Customer will purchase and pay for, the website hosting services (the “Services”), according to the service fees specified in the Order for the applicable Service Description. Customer acknowledges that the service, and service fees have been communicated to the Customer, and that Customer is aware of all applicable charges as per the Agreement. 2.2. In connection with any Hosting Services, if Customer’s actual bandwidth usage in any month exceeds the allotted amount specified in Customer’s contract, Customer will pay Netports Australia any additional fees as required to cover excess usage costs. Customer understands that upgrading to the next higher account which will include increased bandwidth is an option available at any time. 3. Payment. 3.1. Establishment and provision of service is contingent upon receipt of payment from Customer to Netports Australia. 3.1.1. Customer must pay in full for the Services before Netports Australia begins to provide the Services to Customer. 3.1.2. Setup fees will be charged and are due at the time of the Customer’s initial request of the Services requiring setup, unless specified that no set up fees are due. 3.2. Payment is due on the defined monthly recurring billing date of each month. Customer approves the recurring billing of Customer's Credit Card at the amount and at the frequency chosen by Customer. 3.2.1 Hosting Renewal charges will occurr at the due date automatically. If automatic credit card charging on the due date fails, Service will be interrupted on accounts that reach 14 days past due. Accounts that are not collectable by Netports Australia will be turned over to an outside agency for collection. If your account is turned over for collection, you agree to pay to Netports Australia a "Processing and Collection" Fee of $110.00 incl GST. 4. Delinquent Accounts. Netyports Australia may temporarily deny service or terminate this Agreement upon failure of Customer to pay charges when due. Such termination or denial will not relieve Customer of responsibility for the payment of all accrued service fees, and any collection fees to which Netports Australia may be entitled under this Agreement or under applicable law. 5. Account Cancellation. Customers may voluntarily cancel their account at any time, for any reason or for no reason, by filling out the “Cancellation Request Form” which is provided on the Netports Australia website. You can find the “Cancellation Request Form” at the following Web page: http://netportsaustralia.com.au/cancellation.html Once a Customer has cancelled their account, no more charges will be billed to the credit card and the customer is no longer liable for any hosting fees from the date of cancellation onwards. Customer agrees to pay for hosting up until the date Customer cancels hosting. Customer can terminate their account for any reason or for no reason. However, Customer understands and agrees that Netports Australia shall deem an account to be closed ONLY on the advice of the hosting account holder. Hosting shall be provided by Netports Australia up to the point a hosting account holder cancels their account. 6. Refunds and Disputes. IMPORTANT NOTICE: EXCEPT AS EXPLICITLY PROVIDED IN THIS SECTION 6, ALL PAYMENTS TO NETPORTS AUSTRALIA ARE NONREFUNDABLE. All payments to Netports Australia are nonrefundable. This includes any setup fees and monthly fees regardless of usage. All billing disputes must be reported within thirty (30) days of the time the dispute occurred. Disputed charges to your credit card issuer, also known as chargebacks, which, in Netports Australia's sole discretion, are invalid under the terms and conditions of this Agreement, will result in service interruption, and reconnection fees to restore the desired service. 7. Customer agrees not to engage in any activity that violates any international, foreign, federal, state, or local laws applicable to the service terms described in this Agreement. 8. Netports Australia reserves the right to discontinue service to any Customer it deems, in its sole discretion, violates any condition of service including, but not limited to, the following: 8.1. the Acceptable Use Policy, or 8.2. the No-Spam Policy. 9. Customer agrees to defend, indemnify, and hold harmless Netports Australia, its divisions,. agents, subsidiaries, successors, assigns, employees of Netports Australia against any losses, claims, damages, liabilities, penalties, actions, proceedings or judgments (collectively, “Losses”) 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 to reimburse an indemnified party for all legal and other expenses, including reasonable legal 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. 10. NETPORTS AUSTRALIA SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR 10.1. ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF USE, OR LOSS OF DATA RESULTING FROM THE USE OF NETPORTS AUSTRALIA’S SERVICES BY CUSTOMER OR ANY THIRD PARTIES, REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY, OR 10.2. ANY LOSS OF DATA RESULTING FROM DELAYS, NONDELIVERIES, MISDELIVERIES OR SERVICE INTERRUPTIONS. 11. NETPORTS AUSTRALIA PROVIDES THE SERVICES AND PRODUCTS AS IS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. NETPORTS AUSTRALIA DISCLAIMS ALL WARRANTIES OF NON-INFRINGEMENT OF ANY THIRD-PARTY RIGHTS, AND DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE, AND SUITABILITY OF THE SERVICES AND NETPORTS AUSTRALIA SHALL HAVE NO LIABILITY THEREFOR. 12. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NETPORTS AUSTRALIA DISCLAIMS, ALL WARRANTIES, REPRESENTATIONS OR OTHER ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE INFORMATION ACCESSED FROM, OR THROUGH, THIS SERVICE, THE SYSTEMS WHICH PROVIDE IT, AND THE INTERNET, INCLUDING ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE, OR NON-INFRINGEMENT OF ANY THIRD-PARTY RIGHTS. 13. NETPORTS AUSTRALIA DOES NOT ASSUME ANY LIABILITY FOR THE COMPLETENESS, ACCURACY, OR USEFULNESS OF ANY INFORMATION DISCLOSED OR MATERIALS ACCESSED THROUGH ITS SERVICES, ITS SYSTEMS, ITS NETWORKS, OR THE INTERNET. 14.No Waiver of Rights by Netports Australia. Any failure by Netports Australia to enforce this Agreement in every instance in which it might apply does not amount to a waiver of any of Netports Australia’s rights. 15. Notices. 15.1. From Ntports Australia to Customer. Netports Australia will notify you by e-mail of any notices that NetportsAustralia is required to provide to you under this Agreement, at the most current e-mail address you have provided to Netports Australia. By entering this Agreement, you consent to receive notices by e-mail. You are solely responsible for ensuring that Netports Australia has your most current e-mail address, and Netports Australia shall not be responsible for any lost, misdirected, bounced, forwarded, or undeliverable e-mail that Netports Australia sends to the most current e-mail address you have provided to Netports Australia. 15.2. From Customer to Netports Australia. Unless otherwise specified in this Agreement, notices to Netports Australia shall be sent to the following address: Mr Chris Thwaites Netports Australia P.O. BOX 463 FERNEY HILLS 4055 BRISBANE QUEENSLAND 16. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Queensland, without regard to choice of law or conflicts of law provisions that would cause the application of the law of another jurisdiction. 17. Currency. All monetary amounts to which this Agreement refers shall be in Australian (AUD) dollars. 18. Goods and Services Tax (GST). In accordance with Fedral Goivernment Legislation, all fees, charges and costs quoted on the Netports Australia website is inclusive of GST. A Statement/Tax Invoice clearly showing the cost of Service/s and the GST dollar value paid is provided by email to Customer in each instance where payment has been made to Netports Australia by Customer. 19. Entire Agreement.
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