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Web Hosting
This Services Agreement (the "Agreement") contains the complete terms and conditions which govern your subscription of Web hosting, e-Commerce and other Internet-related services provided by ImpavidNet (the "Services").
As used in this Agreement, "ImpavidNet" means Impavid Pty Ltd and "Client", "you", or "your" means you. As referred to in this Agreement, "Site" refers to a World Wide Web site and "ImpavidNet web site" refers to the Site located at the URL http://www.impavid.net.au, or any other successor Sites owned or maintained by ImpavidNet.
1. Appropriate Use of The Service
ImpavidNet provides the Services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such Services.
Client Content
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Client agrees that it will not distribute, electronically transmit or display any materials supplied by Client - or through Client by a third party - to any ImpavidNet server in connection with Client's use of the Services which:
· violate any state, federal or foreign laws or regulations
· infringe on any intellectual property rights (e.g. copyright, trademark, patent or other proprietary rights) of ImpavidNet or any third party
· are defamatory, slanderous or trade libelous, threatening or harassing content of any type
· file sharing music, software, video or pictures that contains copyright
· proxy server software (any type) used to hide users IP or cache content
· are discriminatory based on gender, race, age or promotes hate
· violate any ImpavidNet policy posted on the ImpavidNet web site including, but not limited to, our Acceptable Use Policy (includes Adult Content Policy), and Privacy Policy
· contain viruses or other computer programming defects which result in damage to ImpavidNet, it's servers or any third party
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Disk Space/Data Transfer
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The Client may occupy only the amount of disk space on the ImpavidNet Server and utilize no more than the network data transfer that is allocated by ImpavidNet. Additional fees will be charged for exceeding the disk space and/or network bandwidth allowance of your selected plan. |
No "SPAM"
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Client shall not use the Services for chain letters, junk mail, spamming, or any use of distribution lists to any person who has not given specific permission to be included in such a process. Client also shall not engage in any unsolicited email practices at ImpavidNet, or otherwise, that mentions or reference any domain hosted on ImpavidNet servers or parked on ImpavidNet DNS servers.
Note: this policy applies to all domains, names servers and parked domains hosted on our servers. |
Licensed Software Only
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Client agrees to use only properly licensed third party software in connection with Client's use of the Services. |
Back-Up Files and Processing
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ImpavidNet performs daily backups on all servers which can be restored in the case of a system failure; however, it is the Clients responsibility to use the Backup feature of their preferred control panel and keep their own copy. |
Applications and Scripts
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The client agree's that applications and scripts installed using Fantastico or uploaded are the responsibilty of the client and must be kept up-to-date. Failure to do so may expose our servers to possible exploits and costs to restore services may be recovered from the client of the site initially affected. |
Termination
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ImpavidNet reserves the right to refuse service to anyone. ImpavidNet, in its sole discretion, may immediately terminate this Agreement if Client engages in any of the foregoing. To report any unacceptable behavior by a third party using the Services, please use the email link on the Contact page. |
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2. Payment Obligations
Service Fees
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ImpavidNet shall produce an invoice which will be delivered to the Client by email with payment details for the Client's selected payment method. All new accounts must be paid prior to the new account becoming active on our servers.
Domain name registration fees must be paid upfront before the domain name will be registered. ImpavidNet accepts no responsibility for domain names registered by another party prior to the Client paying the outstanding amount.
On-going invoices will be issued thirty (30) days prior to the due date. A reminder will be issued seven (7) days after the due date. The account will be automatically be suspended fourteen (14) days after the due date, and a notice will be issued advising of the suspension. ImpavidNet shall be entitled to immediately terminate this Agreement thirty (30) days after non-payment or from failure to make timely payments.
If Client terminates this Agreement in accordance with Section 4 hereunder, Client shall be responsible for any outstanding fees owed to ImpavidNet and agrees to pay any and all fees incurred by Client.
Because the Services are provided on an annual basis, unless a contract is in place, Client will be responsible for Service fees incurred each year regardless of when Client provides notice of termination. |
Late payments
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Any payment not received within 14 days after due date may incur a late payment fee of $5.50. Customer also shall pay to ImpavidNet all expenses incurred by ImpavidNet in exercising any of its rights under this Agreement or applicable law with respect to a Payment Default or other breach by Customer, including, but not limited to, reasonable Solicitors fees and the fees of any collection agency retained by ImpavidNet. |
Taxes
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Customer will be responsible for and will pay in full, any taxes and similar fees now in force or enacted in the future imposed on the transaction and/or the delivery of Services. |
Refunds
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Web hosting customers of ImpavidNet are only eligible for refunds in the unlikely event, that:
a) it is not possible for ImpavidNet to continue to provide web hosting to the specifications advertised at the time of purchase, and
b) it is not possible for ImpavidNet to transfer the account to another web hosting provider offering equivalent web hosting specifications at no additional cost to the account holder. |
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3. Client Liability and Indemnification
The parties agree that in no event shall ImpavidNet be liable to any third party for Client's breach or alleged breach of any of the terms and conditions set forth in this Agreement. Client agrees to defend, indemnify and hold harmless ImpavidNet from any and all expenses, losses, liabilities, damages or third party claims resulting from Client's breach or alleged breach of any Client obligations set forth hereunder. |
4. Term, Termination & Reinstatement
Subject to the terms and conditions hereof, this Agreement shall be effective on the date you register for the Services, and shall continue in effect on an annual basis unless otherwise specified by separate agreement (the "Term") unless terminated earlier pursuant to the provisions of this Section 4. Either party will have the right to terminate this Agreement upon notice to the other party. All cancellation requests must be received 5 working days before the date of termination. Sections 3 - 8 shall survive termination or expiration of this Agreement.
If ImpavidNet suspends a virtual account for non-payment, Client shall be allowed to re-instate Client's use of the Services within fourteen (14) days of cancellation upon approval from ImpavidNet and full payment of balances due.
If a Client terminates their account, ImpavidNet will disable the server/account the day the client specifies the account is cancelled. ImpavidNet will not maintain an archival copy of the Clients Web site or files. It is the responsibility of the Client to remove any data off the server prior to the date provided in their cancellation notice. |
5. Taxes
Client will pay and indemnify and hold ImpavidNet harmless from any and all taxes associated with or arising from Client's use of the Services, including any penalties and interest and any costs associated with the collection or withholding thereof. |
6. Disclaimer of Warranty
The services, the ImpavidNet web site, including without limitation, all products and services displayed or offered on the ImpavidNet web site, and all text, graphics, links and applications are provided to client on an 'as is' basis and without warranty of any kind. ImpavidNet disclaims all warranties, express or implied, with respect to each of the foregoing, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement or arising from a course of dealing. Without limiting the generality of the foregoing, ImpavidNet specifically disclaims any warranty that:
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· the services will be uninterrupted or error-free
· efects will be corrected
· there are no viruses or other harmful components
· the security methods employed will be sufficient
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7. Limitation of Liability
In no event shall ImpavidNet be liable for damages resulting from loss of data, profits, use of the ImpavidNet web site or any ImpavidNet products or services, or for any incidental, indirect, punitive, or consequential damages in connection with this agreement or in connection with any products or services provided hereunder. In no event shall ImpavidNet cumulative liability exceed an amount greater than one hundred dollars ($100.00). |
8. Miscellaneous
Any notices or communication under this Agreement shall be in writing and shall be deemed delivered to the party receiving such communication at the address specified below
(1) on the delivery date if delivered by email;
(2) one business day after deposit with a commercial overnight carrier, with written verification of receipt;
(3) five business days after the mailing date, whether or not received, if sent by postal mail, return receipt requested.
If posting correspondence to ImpavidNet please use the following address details:
Impavid Pty Ltd
PO Box 1004
Castlemaine 3450
Victoria, Australia
If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted. This Agreement (including the Exhibits, attachments and/or addenda, if any,) represents the entire agreement of the parties with respect of the subject matter hereof and supersedes all prior and/or contemporaneous agreements or understandings, written or oral between the parties with respect to the subject matter hereof.
This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by Client, but may be so transferred, assigned or delegated by ImpavidNet. Any waiver or any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right. In any legal proceeding between the parties under this Agreement, the prevailing party shall be entitled to recover its costs, expenses and reasonable attorneys' fees.
This Agreement is made under and shall be governed by the laws of Australia, except with regard to it's conflict of law rules. This Agreement and ImpavidNet's policies are subject to change by ImpavidNet without notice. Continued usage of the Services after a change to this Agreement by ImpavidNet or after a new policy is implemented and posted on the ImpavidNet web site constitutes your acceptance of such change or policy. We encourage you to regularly check the ImpavidNet web site for any changes or additions.
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