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Web Hosting Terms & Conditions

1.1 These are the terms upon which we agree to provide the Service to the Customer. In addition to these terms, you must also comply with:

  • Any conditions contained in the notes to the product description for products or services you acquire;
  • Any additional terms which apply to the products or services you acquire (which follow these Terms and Conditions);
  • Our Acceptable Use Policy
  • Our operational procedures for use of the Service and
  • Our Privacy Policy

1.2 The agreement made between us on these terms commences on the date listed in the setup and launch of your website on our web server or the day that your server becomes active on our network.
1.3 We may vary these terms, the amount we charge for any Service, or the terms of the operation of the Service, at any time by notice via email or in writing. The changes will become effective upon publication of the notice. Where we vary the prices for Services, we will give at least 30 days notice of the change by the same means, and the new prices will apply at the end of that period. If you use the Service after that publication, your use will constitute an acceptance of the amended terms.
1.4 These terms constitute the agreement in its entirety and supersede prior agreements.
1.5 We may from time to time run promotions and make special offers of limited time duration ("Promotions"). All Promotions are offered subject to their terms and may be withdrawn or altered at Newton IT's discretion. The terms of a promotion will override these terms to the extent of any inconsistency.

2. Service
2.1 We will assign the Customer a username and password which will provide you with FTP (File Transfer Protocol) access to your website directory. We will provide the Customer with Web and Email Services as per the hosting level or product(s) you have selected.
2.2 We must perform scheduled maintenance to servers from time to time. 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 15 minutes we will post details of the scheduled maintenance to our website and notify our customers via email at least 48 hours in advance of the maintenance.
2.3 We may need to perform unscheduled maintenance. If unscheduled maintenance requires the Service to be offline for more than 30 minutes, we will post details on our website and email our customers of the issue.
2.4 We will archive your data onto backup mechanisms on a regular basis for the purposes of disaster recovery (usually every 24 hours). 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 website. 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 Customer data recovered from our backups.
2.5 You agree to Newton IT's use of spam and virus filters which 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.
2.6 The Service is provided by Newton IT from its data centre in Melbourne, Australia. Newton IT will determine in its absolute discretion from time to time the data centre location from which your Service is provided. Newton IT reserves the right to migrate your website to a new operating system platform if our operating system supplier ceases to provide support for the legacy operating system, or if the server from which the service is provided fails or, in Newton IT's opinion becomes unreliable. Newton IT will use reasonable endeavours to notify you via the contact details in our database but does not take any responsibility for website failure if you have failed to keep your contact details up-to-date or if you have not checked the operation of your website post-migration and notified us of any required changes to the website configuration.
2.7 In contracting with Newton IT for Services, the Customer obtains no rights to the hardware and other infrastructure and facilities used by Newton IT to deliver the Service.

3. Payment
3.1 You must pay for the Service as notified to you by Newton IT in accordance with Newton IT's published prices for Services from time to time.
3.2 You must pay all Service charges, traffic and/or storage charges and other amounts incurred by you or any designated users or incurred as a result of any use of your password (whether authorised or not) in accordance with the billing option selected and in advance. Where a billing option does not specify otherwise, all Service charges are payable within 14 days of the date of invoice.
3.3 Prices published on our website are inclusive of any government taxes or charges unless otherwise noted, and exclusive of any registration or delegation charges imposed by domain name authorities.
3.4 In addition you must provide and pay for:

  • the installation and use of telephone lines and all other equipment needed to access the Service; and
  • all government taxes, duties and levies (if any) imposed on either you or us in respect of the Services or any other service or goods supplied.

3.5 You must pay all amounts billed in accordance with your billing option. No credit terms are given to credit card accounts. Upon registration of a credit card account, you give us authorisation to debit your credit card for all charges. Billing period is on a monthly cycle beginning when you register. If you register after the 28th of each month, your billing date becomes the first of the next month.
3.6 You consent to us obtaining a credit reporting agency report containing personal information about you (as well as information concerning commercial creditworthiness and activities) for the purpose of assessment by us of an application for credit (whether commercial or personal) or for the purpose of the collection of payments which are overdue.
3.7 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 Newton IT's breach of these terms and conditions. Yearly contracts which have been automatically rolled over in accordance with clause 3.1 will only be refundable if notice of cancellation is given during the 2 week cooling off period at the beginning of the rollover term.

3.8 As of the 30th of June 2010, all clients that currently have 3, 6 or 12 month accounts will be rolled over to Monthly accounts. Once your current term expires, you will be contacted by Newton IT to initiate this rollever and setup a Direct Debit recurring payment. Your Direct Debit Payment can be made via either a Direct Debit from your nominated Bank account, or via Credit Card Payment.

4. Customer Warranties and Indemnities
4.1 You warrant that:

  • if you are not the Customer, you have the power and authority to enter into this agreement on behalf of the Customer and will indemnify Newton IT for any breach of this agreement by the Customer;
  • 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 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 will keep secure any passwords used with the Service; and,
  • you hold and will continue to hold the copyright in the Customer Data or that you are licensed and will continue to be licensed to use the Customer Data.

4.2 You are solely responsible for dealing with persons who access the Customer Data, and must not refer complaints or inquiries in relation to such data to us.
4.3 You indemnify us against all costs, expenses, loss or liability that we may suffer (directly or indirectly) resulting from:

  • your breach of these terms;
  • your use or misuse of the Service;
  • the use or misuse of the Service by any person using your account; and,
  • publication of defamatory, offensive or otherwise unlawful material on any website forming part of your service.

4.4 If your use of our Services involves storage, processing or transmission of or access to any credit cardholder data, you warrant that the tools, programs, processes and technologies you use to do so comply with the Payment Card Industry Data Security Standard ("PCI Standard") which is available at Visa : PDF (184kb) and Mastercard : PDF (187kb). You indemnify Newton IT for any loss, damage, costs, claims and expenses which Newton IT may incur flowing from your breach of this warranty. If you breach this warranty, Newton IT may terminate this agreement immediately upon written notice to you (which may be delivered by email to the person identified in our database as your authorised contact), and without prejudice to any other rights it may have under this agreement or at law.

5. Newton IT's Warranties and Liabilities
5.1 We accept liability for the supply of the Services but only to the extent provided in this clause 5.
5.2 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 Newton IT.

5.3 Where the Customer is a Consumer (as that word is defined by the Trade Practices Act), we accept liability where: the Service is not supplied with due care and skill; any material supplied in connection with the Service is not reasonably fit for the purpose for which it was supplied; and we are otherwise required to do so by the Trade Practices Act.
5.4 To the extent that the Service is not of a kind ordinarily acquired for personal, domestic or household use, our liability is limited to, at our option, to the resupply of the services again; or payment of the cost of having the services supplied again.
5.5 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.
5.6 Other than liability accepted by us in clause 5.3, our total liability for loss or damage of any kind not excluded by clause 5.5, however caused, in contract, tort (including negligence), under any statute or otherwise arising from or relating in any way to this agreement is limited in aggregate for any and all claims to $10.

6. Suspension and Termination of Service
6.1 We may from time to time 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 this agreement (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.

6.2 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. A reconnection fee will apply.
6.3 Newton IT may without notice to you remove, amend or alter your data upon being made aware of:

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

6.5 We may end our agreement with you and cease providing Services for any reason, on 30 days written notice to you. You may close your account with Newton IT on 30 days written notice to Newton IT.
6.6 If your account is closed you must pay all outstanding charges immediately and we may delete all Customer Data from any storage media.
6.7 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.

7. Domain Names
7.1 If you have requested that Newton IT register, renew or redelegate a .com, .net, .org, .biz, or .info domain name (TLDs or Top Level Domains) on your behalf, you agree that you have read and accept the TLD Policy applicable to .com, .net, .org, .biz and .info domain names issued by our registrars, netregistry.
7.2 You agree that in the event of a dispute about a TLD, you will submit to and are bound by the Uniform Domain Name Dispute Resolution Policy (UDNDRP) and the Rules for UDNDRP.
7.3 If you have requested that Newton IT register, renew or redelegate a .com.au, .id.au, .net.au or .org.au domain name (2LDs or Second Level Domains) on your behalf, you agree that you have read and accept the published policies applicable to 2LDs issued by the registrar, netregistry.
7.4 You agree that in the event of a dispute in registering a 2LD or about a 2LD after registration, you will submit to and are bound by the .au Dispute Resolution Policy (auDRP) and any variations to it from time to time bind Newton IT.
7.5 In registering, renewing or redelegating a domain on your behalf, Newton IT is acting as a reseller of the registrars, netregistry.
7.6 You agree that by maintaining the registration of a domain name after changes or modifications to the applicable policies become effective, you are confirming your continued acceptance of these changes and modifications.
7.7 Newton IT makes no representation and gives no warranty about your chosen domain name being available for registration, renewal, redelegation or use by you.
7.8 In respect of 2LDs, you acknowledge that Newton IT is not able to renew your domain name and is not liable for any loss or damage resulting from non-renewal of your domain name if you do not provide any warranty required and confirm to us that the domain name should be renewed.
7.9 You acknowledge that Newton IT's primary method of communication for domain renewal purposes is via email. Newton IT will not be held responsible for the non-renewal of your domain name if your email contact details are not kept up to date.
7.10 Newton IT may NOT renew your domain name where you have unpaid invoices or if you are in breach of any terms of your use of Newton IT's services.
7.11 You expressly authorise and direct Newton IT, if Newton IT is able to do so, to: (a) be nominated as authorised billing contact for your domain name with the domain name registrar; and (b) subject to receipt of your confirmation in respect of 2LDs, 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 Newton IT's list price from time to time.
7.12 If you close your account with Newton IT but do not remove Newton IT 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 and to provide marketing material in respect of our services.
7.13 You indemnify Newton IT 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 Newton IT's breach of this contract, or its negligent act or omission.

8. Miscellaneous
8.1 The Customer grants to Newton IT a license to use and reproduce all Customer Data in order to fulfil its obligations under this agreement. In this agreement "Customer Data" means all information, data, text, logos, images, audio, movie clips and/or content in any form that forms part of the Customer's websites or emails.
8.2 A provision of, or a right created under this agreement, may not be waived except in writing signed by the party granting the waiver, or varied except in writing signed by the parties.
8.3 The law in force in Victoria governs this agreement and the transactions contemplated by this agreement.
8.4 You may not resell Services or assign your rights and obligations under this agreement without our prior written consent.
 
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