Terms & Conditions

This agreement is required to obtain and maintain a web hosting service with Servers Australia�. It acts as protection for both Servers Australia� and its customers, to prevent misunderstandings, and to provide the framework for a legal recourse in the event of a dispute or violation.

Our services may only be used for lawful purposes. Transmission or solicitation of any material which violates national and/or international laws which may apply in our local jurisdiction or your local area is prohibited. This includes material which is obscene, threatening, harassing, libelous, or in any way a violation of intellectual property laws. PORNOGRAPHIC CONTENT & WAREZ SITES ARE STRICTLY PROHIBITED.
You agree to indemnify and hold harmless Servers Australia� in any legal action which arises as a result of your use of our services, without limitation or exception.
Servers Australia� makes no warranties or representations of any kind for the services being offered, including warranties of merchantability or fitness for any purpose. You agree not to hold Servers Australia� responsible for any loss you suffer as a result of using our services, including but not limited to loss resulting from service delays and incomplete or interrupted service, regardless of cause. However, Servers Australia� agrees that any complete service interruption in excess of 24 hours may justify a refund or credit to its customers for the appropriate amount, but that no further compensation will be made. Scheduled outings and account suspensions do not count towards our refund policy.

You agree not to maliciously or intentionally interfere with the proper operation of the system, including but not limited to defeating identification procedures, obtaining access beyond that which you are authorised for, and impairing the availability, reliability, or quality of service for other customers. You further agree not to interfere with the proper operation of other systems reachable through the Internet, including any attempt at unauthorized access.

You agree that the security of your account or server is first and foremost your own responsibility. You further agree that if you believe the security of your account or server has been compromised in any way, you will notify Servers Australia� immediately. You agree that if you become aware of misuse of your account or server, and do not notify Servers Australia�, you will be held responsible for that misuse.
You agree not to transmit unsolicited or prohibited advertising through electronic mail or inappropriate Usenet postings through Servers Australia�'s Server services. You specifically agree that the use of Servers Australia�'s Server services for unsolicited mass mailings or postings (commonly known as "Spam") will cause your services to be terminated immediately and without warning, and that you will be held legally responsible for any and all damages to Servers Australia�, both monetary and in reputation, as well as hourly fees for reading the complaints which may arise.

You agree that we have the right and responsibility to fully co-operate in any legal investigation regarding any aspect of our services, including services sold to you.
You agree to supply a current and truthful name, postal address, and billing address and telephone number for our records. Servers Australia� agrees not to sell or donate its mailing list to any other company or person, and not to publish any information about its customers beyond that which is freely published via "finger" and other standard system utilities.

You agree that backup of files is your responsibility and that Servers Australia� is in no way responsible for the loss of, or for saving or returning any data, files or directories stored on the server for/to the Client.
This contract supersedes any written, electronic, or oral communication you may have had with Servers Australia� or any representative thereof, and constitutes the complete and total agreement between the parties.
Violation of any of the terms and conditions of this contract may result in the immediate termination of your services with Servers Australia�, at our discretion. Criminal or civil prosecution may result in extreme cases.

Hardware, Equipment and Software

Client is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access the Servers Australia's� services. Servers Australia� makes no representations, warranties or assurances that Client's equipment will be compatible with Servers Australia's� services.

Age

Customers that are signing into contract must be at least the age of 18.
For shared hosting customers must be at least 13 and have their parents permission to use such services.

Internet Etiquette

a) Users of Internet and electronic forums should be considerate of the expectation and sensitivities of others on the network when posting material for electronic distribution. The network resources may not be used to impersonate another person or misrepresent authorisation to act on behalf of others or Servers Australia�. All messages transmitted via Servers Australia's� service should correctly identify the sender; users may not alter the attribution of origin in electronic mail messages or posting. Users must not attempt to undermine the security or integrity of computing systems or networks and must not attempt to gain unauthorised access.
b) Due to the public nature of the Internet, all information should be considered publicly accessible, and important or private information should be treated carefully. Servers Australia� is not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network Servers Australia� or its customers may utilise.
c) Use of distribution lists via unsolicited electronic mail or other electronic mailings is strictly prohibited. Servers Australia� reserves the right to deactivate the Client's Server account(s) upon and indication of such activity. In such case Servers Australia� is not responsible for saving or returning any data, files or directories stored on the server for/to the Client. Client hereby agrees to indemnify and hold harmless Servers Australia� from any claim resulting from the Client's or another party's use of electronic mail service(s) on the Client's Server account(s).

Limited Liability

a) Client expressly agrees that use of Servers Australia's� service is at Client's sole risk. Servers Australia�, its employees, affiliates, agents, third party information providers, merchants, licensers or the like, cannot warrant that the Servers Australia's� Server service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided though the Servers Australia� Server service, unless otherwise expressly stated in this Agreement.
b) Client hereby agrees that any material submitted for publication by Servers Australia� through Client's account(s) will not contain anything leading to an abusive or unethical use of the server product(s) or the host server(s). Abusive or unethical materials and uses include, but are not limited to: pornography, obscenity, violations of privacy, computer viruses, any harassing and harmful material or uses, any illegal activity or material(s) advocating illegal activity, and any infringement of privacy or libel.
c) Client hereby agrees to indemnify and hold harmless Servers Australia� from any claim resulting from Client's publication of material or use of those materials. Servers Australia� may or may not give notice before deactivating the use of an account(s) which Servers Australia� decides is an abusive or unethical use of, or a potentially illegal use of the Server account(s) or host server(s). In such case Servers Australia� is not responsible for saving or returning any data, files or directories stored on the server for/to the Client. Client hereby agrees to indemnify and hold harmless Servers Australia� for any claim resulting from the submission of illegal materials.
d) Under no circumstances, including negligence, shall Servers Australia�, its officers, agents or anyone else involved in creating, producing or distributing Servers Australia's� Server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use Servers Australia's� Server services; or that results from mistakes, omissions, interruptions, deletion or loss of files or data, errors, defects, delays in operation, or of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorised access to Servers Australia's� records, programs or services. Client maintains sole responsibility for data backups and restoration. Client hereby acknowledges that this paragraph shall apply to all content on Servers Australia's� Server services.
e) Notwithstanding the above, Client's exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which Client paid during the term of this Agreement and any reasonable attorney's fee and court costs.
f) In the case of "Force Majeure" (as defined below), the Servers Australia� will notify the Client at the earliest opportunity of the circumstances. "Force Majeure" will entitle either party to withdraw from their contractual obligations. The Client will remain liable for all costs incurred up to the occurrence of "Force Majeure".
"Force Majeure" means any event or thing outside Servers Australia's� reasonable control, which directly or indirectly causes Servers Australia's �Servers becoming unable in whole or in part to perform its obligations under this Agreement, and includes but is not limited to: (a) acts of God or the public enemy, national emergencies, asteroids or other space calamity (including but not limited to meteorological or astronomical disturbances), use of atomic weapons or nuclear fusion or fission, radioactive contamination, insurrection, riot, hostile or warlike action in peace or war, sabotage, receive earth station outage, earthquakes, tidal waves, hurricanes, snowstorms, rain fade, fires, floods, or electromagnetic radiation from the sun; (b) strikes, lockouts, labour disputes, work stoppages, embargoes or any other labour difficulties; (c) action or inaction by a government entity or agency; or (d) the unrelated action or inaction of a third party which is beyond Servers Australia's� reasonable control, which causes a delay or ultimately a failure to perform Servers Australia's� obligations under this Agreement.

Support

Client agrees that Servers Australia� is in no way responsible for support or for editing or configuring of the following:
- PHP Scripts
- Os Commerce Sites
- PHPBB Sites
- Miva Cart Sites
- Web pages
- FTP transfer of files
- 3rd Party E-Mail Programs
- 3rd Party Scripting
Problems that are the responsibility of the customer, or anything else that is not server specific related.

IP Address Leasing

All IP addresses that are used within the Servers Australia network solely belong to Servers Australia Pty. Ltd. and are not portable to any other Network other than Severs Australia�.

Servers Australia� remains the main holder for the IP addresses from Inticon Pty. Ltd. therefore we reserve the right to change your IP and or remove you IP at any stage with reasonable explanation.

Indemnification

Client agrees that it shall defend, indemnify, save and hold Servers Australia� harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against Servers Australia�, agents, its clients, servants, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Client, its agents, employees or assigns. Client agrees to defend, indemnify and hold harmless Servers Australia� against Liabilities arising out of (I) any injury to person or property caused by any products or services sold or otherwise distributed in connection with Servers Australia's� Server service; (ii) any material supplied by Client infringing on the proprietary rights of a third party; (iii) copyright infringement and (iv) any defective product which Client sold on the Server
.
Termination

a) This Agreement may be terminated by either party, without cause, by giving the other party 7 days written notice. Notwithstanding the above, Servers Australia� may terminate service under this Agreement at any time without penalty if Client fails to comply with the terms of this Agreement.
b) In the event that it becomes necessary for Servers Australia� to enforce the terms of this agreement Servers Australia� shall be entitled to all reasonable costs and expenses of such enforcement including collection fees, court costs, and attorney's fees.
Acknowledgement and acceptance of this agreement is required for an account to be setup at Servers Australia�. By signing-up for hosting services you indicate that you have read and understand this service agreement in its entirety and agree to be bound by its content.
This Agreement constitutes the entire understanding of the parties. Any changes or modifications to this Contract thereto are agreed to by the both parties upon renewal of services.
The parties agree that this agreement shall be governed by and be interpreted according to the laws of the Commonwealth of Australia, and International laws enforceable by way of treaty. Any and all actions regarding or relating to this agreement shall be brought about in the State of New South Wales , Australia .

Billing Policy

Servers Australia� bills all accounts using the following methods, if you have any queries about the way we perform the billing, please do not hesitate to contact the billing department on 02 72015063 or visit http://support.serversaustralia.com.au

On the last day of your Billing Cycle you will be issued a Tax Invoice via E-Mail OR a notification will E-Mail you telling you your Invoice is ready to be viewed in our billing system, you will then have 10 days to make your payment. If you choose to pay via Credit Card then the amount will automatically be debited 5 days after the Invoice date.

We don't bill in advance, this allows you to ad features during the month and purchase extra bandwidth and/ space if needed.

If you have a enquiry about your Tax Invoice please call our billing department on 02 72015063 or email them [email protected] before you make payment or before your payment is due to be debited from your account, this will allow us to rectify the problem, or fix up any discrepancies before any payments are made.

All charges are shown in Australian Dollars and include the Goods and Service Tax for Australian users. Payments are to be made in Australian dollars.

Payment Options:

Credit Card

Visa and Mastercard accepted, login to http://billing.serversaustralia.com.au to pay for your service using your Visa or Mastercard

- Cheque / money order

Please make out to:
Servers Australia
P.O Box 164
Newcastle , NSW
2300

- Direct Bank Deposit

Name: Servers Australia
Bank: National Australia Bank
BSB: 082 � 921
A/C: 793570010

Please use your Invoice Number or account ID for a reference when using direct deposit.

All payments are due on the account statement due date. The account statement due date is the 1st of every month; some accounts may have a different billing date such as Colo and Dedicated servers.
If you provide Servers Australia� with your credit card information, you authorise Servers Australia� to automatically charge your credit or debit card for charges that apply to your account You are responsible for directly updating, or notifying Servers Australia�, of any changes to your credit card (including, but not limited to card number, expiration date, billing address, or card status). 

Customers not paying by credit card agree to make payment of their balance due within ten (10) days of the account statement date.

Accounts that are fourteen (14) days past due will be automatically suspended. All past due and unpaid balances are subject to collection. In the event of collection, you will be liable for costs of collection including legal fees, court costs, and collection agency fees.

Billing Cycles (Terms)

Servers Australia� offers four Billing Cycles (terms) for hosting charges:

Monthly
Quarterly (3 months)
Half Yearly (6 Months)
Yearly (12 months)

The Billing Cycle begins at the start of each month, you will be charged a pro rate fee once you signup to cover the cost of the remaining days of the month before your billing cycle starts.

You may elect to change your Billing Cycle at any time; however, the new Billing Cycle will only take effect at the time of the next plan renewal.

All additional features added to an account are charged monthly. Additional items are non-refundable

Account Renewals

In order to insure uninterrupted service to your website, all plans will automatically renew at the end of the plan's Billing Cycle. Plan renewal charges are based on the prevailing rate on the date of renewal according to the service selected. Plans are renewed for the same billing cycle. If you wish to cancel your plan before plan renewal, please refer to the Cancellation page located in the terms and conditions

Statements

Servers Australia does not mail paper invoices or statements. Invoices can be viewed and printed through the online control panel. Customers may elect to receive their monthly account billing statement via email in the billing system.

They can also elect to receive a statement in the traditional Snail Mail form, for an added fee of $1.50 per month. This fee is to cover the printing and postage cost only. To add this service to your account please call us on 02 72015063 or visit http://support.serversaustralia.com.au

The tax Invoices that we issue provide all the necessary information to claim a GST tax input credit. Please print off a copy of these invoices and maintain them for your records.

Bounced Cheques

Servers Australia� charges a $45.00 fee for Bounced Cheques. Customers that issue an will be required to submit future payments with a certified cheque, money order or other payment option offered by Servers Australia�

Direct Bank Deposit

Servers Australia� does NOT charge fees for accepting payment via direct bank deposit or Internet Bank Transfer.

Reactivation

Customers that wish to reactivate a closed account will be assessed a $9.95 reactivation fee. A $59.95 fee will be assessed if Servers Australia� restores your data files to your reactivated account. 

Hosting Plan Changes 

Customers electing to change to a lower priced hosting plan on the same platform will be charged a $9.95 downgrade fee. There is no upgrade fee for upgrading to a higher priced plan; however, you will be charged any difference between the setup fee applicable to your new and former plans. 

Account Splits and Mergers

Servers Australia� encourages customers to merge hosting plans contained in two or more accounts into one account. There is no fee for this service. Customers may also request that Servers Australia� separate one or more plans contained less than one account into separate accounts. The fee for this service is $19.95 for each new account created and is charged to the new account. Please direct all requests for these services to: [email protected] or call 02 72015063.

Cancellations

Hosting plans will automatically renew until a plan is cancelled. Cancellation can be arranged through Postal Mail, E-mail and/or Fax.
In E-Mail cancellations your account name and phone number must be provided and sent to [email protected]. Upon receiving your email we will contact you via your phone number listed under the account to confirm the request.
The E-Mail must also come from the E-Mail that was used to sign up the account.
If you have any problems, our support staff will be more than happy to help you out.
Fax: (02) 4001 0250
Mail:
Servers Australia�
Attn Billing Dept
P.O. Box 164
Newcastle , NSW 2300

Cancellation requests must be received by Servers Australia� Billing a minimum of ten (10) days prior to the end of your Billing Cycle. Cancellations submitted later than this time may result in automatic renewal of your hosting plan.
Cancellations become effective on the day processed by Servers Australia�.
Servers Australia� is unable to cancel your account effective for a future date e.g. you wish to cancel in 2 months time. Servers Australia� will confirm the cancellation request when it is processed. If you do not receive a confirmation, please contact Servers Australia� as soon as possible. 

Servers Australia� does not monitor, and will not automatically cancel, plans for problems related to domain name transfers, non-usage, Internic, your ISP, or any other secondary issues not directly related to Servers Australia's� services. Cancellation of services does not relieve the customer from paying any outstanding balance owed on the account. Servers Australia� reserves the right to cancel any account, at any time, without notice, for any reason Servers Australia� considers appropriate.

90 Day Money Back Guarantee

Each of Servers Australia's� shared hosting plans carries a 90-day unconditional money back guarantee. If you are not completely satisfied with our services or support within the first 90 days, you will be given a full refund of the fees paid in advance (excluding setup fees) upon plan cancellation. The following services do not qualify for the 90 Day Money Back Guarantee: additional items and services; domain name registration; dedicated servers; co-location; items and services ordered through the reseller program; and overage fees.

7 Day free Trial

If you want to trial a shared hosting account for a period of seven days you will need to enter all of your payment details and contact details.
An account will be created but you will not be charged unless you decide to keep the account open after the 7 day free trial, an invoiced will then be raised from the 7th day of the trial and that will then become the anniversary date of your billing cycle.
Refund Policy
Refunds are only available in accordance with the 30 Day Money Back Guarantee. Refunds will be provided in the same payment method of the original payment. There are no refunds offered or promised after 30 days. 
Credit Card Disputes/Chargeback's
Servers Australia� has a zero tolerance policy for chargeback's. Any customer who disputes a credit card payment is subject to a fine, suspension and account termination at Servers Australia� discretion. A charge of $25.00 per chargeback will be assessed to all accounts that receive a chargeback.
Miscellaneous
Servers Australia's�  policies and prices are subject to change without notice. Any price changes become effective in the next billing cycle
Servers Australia� will always notify you of Plan Changes and any price changes to your primary e-mail address that is stored on file.
To check or change the e-mail address in the Servers Australia� database please call 02 72015063 between 9am � 5pm Monday to Friday