WangNET Hosting, Reselling and other Internet Services Terms
These are the terms upon which we will provide the WangNET Hosting, Reselling, Development, Design and other Services and any Add Ons you select (“Service”) to you. Some of the words used in these terms have particular meanings, which are set out in clause 11 under Definitions and Interpretation.
1 WangNET Hosting, Reselling, Development, Design and other Services
1.1 We will provide you with the Service using shared infrastructure. The features of your Service, and the levels of storage space and traffic that are permitted, depend upon your selected Plan and what Add Ons you select and are specified in the Plan Terms and the Add On Terms.
1.2 We will provide you with at least one logon name and password to allow you to access the Hosting Control panel (which may be used by you to configure various features of your Service).
1.3 We will archive your Data onto backup mechanisms on a regular basis for the purposes of disaster recovery. In the event of equipment failure or data corruption, we will use reasonable endeavours to restore your Data from the last known good archive. Notwithstanding our backup regimes, you must maintain a recent copy of your Data at your premises at all times. You will ensure that all of your Data is accessible by us at the time that a backup is to be carried out (including ensuring that files are not locked or in use during this time). You acknowledge that any of your Data that is not accessible by us at the time that a backup is carried out will not be backed up. We do not warrant that backups will: (a) occur on every scheduled occasion, (b) be complete; or (c) be uncorrupted. We will not be liable for incomplete, out-of-date, corrupt or otherwise deficient Data recovered from our backups where we have acted with reasonable care.
1.4 You are responsible for developing, installing and maintaining your Data. You must have appropriate and compatible equipment, software and Internet access to upload your Data to our systems.
1.5 You are solely responsible for dealing with persons who access your Data, and must not refer complaints or inquiries in relation to your Data to us.
1.6 You must adopt appropriate measures to ensure the security of your logon name, password and Data.
1.7 You must advise us in a timely manner if you have reason to suspect that the Service is being used contrary to this agreement.
1.8 The Service is provided from data centres in Australia and/or Internationally. We will determine, in our absolute discretion, the location from which your Service is provided from time to time.
1.9 You grant to us all rights, consents, permissions and licences necessary to enable us and our subcontractors and suppliers to legally view, copy and store your Data for the sole purpose of performing our obligations under this agreement or any law.
1.10 No title in the hardware, infrastructure or facilities used by us to deliver the Service passes to you at any time.
1.11 We grant you a non-exclusive, non-transferable licence to use the Software for the sole purpose of using the Service on the terms and conditions of this agreement.
1.12 You must not use, or permit any person to use, the Software in any way that is not permitted by this agreement.
1.13 Without limiting clause 1.12, you must not:
- use the Software on behalf of, or for the benefit of, any other person; or
- disassemble, reverse engineer or create more than one copy of the Software (unless you have a statutory right to disassemble, reverse engineer or create more than one copy of the Software, in which case you must only do so to the extent permitted by your statutory right).
2 Add Ons
2.1 You may elect to receive one or more Add Ons under certain Plans, subject to the conditions set out in the Add On Terms. If you change Plans and are no longer eligible to receive an Add On under your new Plan, we may cease providing that Add On to you.
2.2 If you elect to receive an Add On, you will need to complete an application for that Add On.
2.3 If you elect to receive an Add On, you agree to comply with the then current Add On Terms applicable to that Add On and this agreement will be taken to be amended to include those Add On Terms.
3 Domain Name Management Service
3.1 Domain name management services are available to eligible customers.
3.2 If you request us to register 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 General Registrar Policy applicable to .com, .net, .org, .biz and .info domain names issued by the Internet Corporation for Assigned Names and Numbers (“ICANN”), as amended from time to time.
3.3 If you request us to register a .com, .net or .org domain name on your behalf, you agree that you to comply with any Policy applicable to .com, .net and .org domain names issued by the Internet Corporation for Assigned Names and Numbers (“ICANN”) from time to time.
3.4 In the event of a dispute in registering a TLD, or a dispute about a TLD after registration, you will:
(a) submit to and be bound by the Uniform Domain Name Dispute Resolution Policy as amended from time to time; and
(b) be subject to arbitration, suspension or cancellation by any ICANN procedure, or by any registry administrator procedure approved by ICANN policy, relating to:
(i) the correction of mistakes by us or the registry administrator in registering the domain name; or
(ii) the resolution of disputes concerning the domain name.
3.5 If you request us to register a .com.au, .id.au, .net.au or .org.au domain name (.au Domains) on your behalf, you agree that you have read and accept:
(a) the policies applicable to Terms and Conditions for .au Domain Name Licences issued by .au Domain Administration Limited (auDA) located at http://www.auda.org.au, as amended from time to time; and
(b) the .au 2LD Domain Name Eligibility and Allocation Policy Rules issued by .au Domain Administration Limited (auDA) located at http://www.auda.org.au, as amended from time to time.
3.6 In the event of a dispute in registering a .au Domain, or a dispute about a .au Domain after registration, you will submit to and be bound by the .au Dispute Resolution Policy (auDRP) located at http://www.auda.org.au, as amended from time to time.
3.7 By maintaining the registration of a domain name after changes to the applicable policies become effective, you accept those changes.
3.8 In the event of a dispute regarding a domain name, you will submit to the jurisdiction of the courts as provided in the applicable policies.
3.9 You must pay any registration or delegation charges to us in advance. A domain name cannot be registered unless you pay for it in advance.
3.10 We make no representations and give no warranties regarding the availability of your chosen domain name.
3.11 You authorise and direct us to nominate WangNET or any of its agents as the authorised billing contact for your domain name.
3.12 You acknowledge that we are not liable for any loss or damage resulting from the non-renewal of your domain name if you fail to provide us with consent to renew the domain name registration or you delay in providing us with such consent. By providing us with your consent to renew the domain name registration, you warrant that you are, and will remain, eligible to register the domain name during the renewal period.
3.13 You indemnify us against all claims arising out of the registration, use or renewal of your domain name, unless and to the extent that the claim arises out of our breach of this agreement, or our negligent act or omission.
4 Service and Maintenance
4.1 If you experience a problem with the Service, you should report it to our Customer Service Centre by telephoning 1300 650 889 or by emailing firstname.lastname@example.org .
4.2 If you experience a problem with any component of an Add On supplied to you under a contract between you and a third party, you should contact the third party for support directly.
4.3 We may perform scheduled maintenance to the systems that we use to provide the Service. We will attempt to perform all scheduled maintenance at times which will affect the fewest customers. If the scheduled maintenance requires the Service to be unavailable for a continuous period of greater than 30 minutes, we will post details of the times during which the scheduled maintenance is due to occur on our Website and Twitter account at least 48 hours prior to the maintenance.
4.4 We may perform unscheduled maintenance to the systems that we use to provide the Service. If the unscheduled maintenance requires the Service to be unavailable for a continuous period of greater than 30 minutes, we will post details of the unscheduled maintenance on our Website after the maintenance has been completed, and on our Twitter account immediately.
4.5 We may migrate your web site to a new operating system platform if any of our suppliers cease to provide support for the current legacy operating system used, if the server used to provide the Service fails, or if we determine that the server has (or may) become unreliable. We will use reasonable endeavours to notify you if we intend to migrate your web site to a new operating system platform.
5 Fees and Payment
5.1 You must pay the set-up fees and monthly fees set out in the Plan Terms in advance. You must pay the additional fees set out in the Plan Terms in arrears.
5.2 You must pay fees for all Add Ons you select in accordance with the applicable Add On Terms.
5.3 If we issue you with an invoice for any fees payable under this agreement, you must pay the invoice within 14 days after the invoice date. If you elect to receive online invoices from us, you acknowledge that:
(a) we may provide you with the online invoices by making them available at the appropriate Control panel; and
(b) you must regularly check the appropriate Control panel for your invoices.
5.4 You must pay all fees relating to the use of your logon name and password (whether or not that use was authorised by you).
5.5 You must also pay:
(a) all telecommunications costs and charges arising from or in connection with the Service; and
(b) all government taxes, duties and levies (if any) imposed on either you or us in respect of the Service or any other service or goods supplied (excluding taxes payable on our overall income).
5.6 Without limiting clause 5.5(b), if GST is imposed on any supply we make to you under this agreement, and the fees payable by you for the supply are not inclusive of GST, you authorise us to charge you an amount of GST in addition to the fees payable by you, calculated by multiplying those fees by the prevailing GST rate. You agree to pay the amount of GST at the same time and in the same manner as the fees are payable.
5.7 If you provide us with your credit card details, you authorise us to charge all fees and charges to your credit card, and to disclose your credit card details to, and obtain information from, any financial institution or credit card issuer to verify the credit card details that you provide to us. You also authorise us to take steps to verify that there is sufficient credit on your credit card account to meet likely fees.
5.8 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. In accordance with the Privacy Act 1988 we may report to a credit reporting agency that you are in default of the trading terms of this agreement and/or because it was necessary to hand over the account to a collection agency to obtain payment.
5.9 Our commitment to privacy is set out in our “Protecting Your Privacy” statement. The statement summarises how we and our related enterprises may collect, use and disclose your personal information (including for marketing to you) and your rights in relation to accessing and correcting that information. To avoid doubt, we may appoint third parties (including our subcontractors and suppliers) to assist us provide the Service to you. These third parties may collect your personal information (either directly from you, or indirectly through us). You acknowledge that you have read and understood our privacy statement.
6 Warranties and Indemnity
6.1 Subject to clause 6, we exclude all terms and all warranties of any kind, express or implied whether statutory or otherwise, relating to this agreement and/or its subject matter.
6.2 Without limiting clause 6.1, we do not warrant that:
(a) the Service will be uninterrupted or error free;
(b) the Service will meet your requirements; or
(c) the Service 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 our systems.
6.3 You warrant that:
(a) you have the power to enter into and observe your obligations under this agreement;
(b) you have not relied on any representation made by us or upon any descriptions or illustrations or specifications contained in any document including any catalogues or publicity supplied by us;
(c) 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, our systems does not contain any computer virus and will not in any way, corrupt the data or systems of any person;
(d) you will keep secure any passwords used with the Service; and
(e) you have, and will maintain, the necessary authority to grant the rights, consents, permissions and licences in clause 1.9.
6.4 You must indemnify us, our employees, contractors and agents against all damages, costs, charges, liabilities and expenses arising out of or in connection with:
(a) the use or attempted use of the Service by a person (including you) using your logon name and password with, or without, your authority;
(b) any fault in the Service due to your negligence or wilful misuse, or any unauthorised use of the Service; and
(c) your breach of this agreement.
7.1 We accept liability for the supply of the Service but only to the extent provided in this clause 7.
7.2 We accept liability where:
(a) the Service is not supplied with due care and skill;
(b) any material supplied in connection with the Service is not reasonably fit for the purpose for which it was supplied; and
(c) we are otherwise required to do so by the Trade Practices Act.
7.3 To the extent (if any) that the Service is not of a kind ordinarily acquired for personal, domestic or household use, our liability under clause 7.2 is limited to, at our option:
(a) resupplying or paying for the costs of having the services resupplied, if the liability relates to services; or
(b) repairing the goods, if the liability relates to goods.
7.4 Other than liability accepted by us in clause 7.2, 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.
7.5 Other than liability accepted by us in clause 7.2, our total liability for loss or damage of any kind not excluded by clause 7.4, however caused, 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 is limited in aggregate for any and all claims to $10.
8 Term, Suspension and Termination
8.1 This agreement commences on the date specified on the Application form received from you and/or the Hosting Control panel (whichever is earlier) as the date that we accepted your order for the Services and continues until terminated in accordance with this agreement.
8.2 Either party may terminate this agreement at any time by providing the other party with at least 30 days written notice.
8.3 If this agreement is terminated for any reason.
- you must immediately pay all fees and charges owing up to the date of termination (without any deduction or set-off of any kind), any balance of contract term owing and any cancellation fee(s) as set out in clause(s) 14 – 14.8;
- we may delete all of your Data from our systems; and
- you must immediately delete from your systems all copies of all Software.
8.4 We may from time to time without notice suspend or disconnect the Service or deny access to the Service:
(a) during any technical failure, modification or maintenance of the Service, provided that we use reasonable endeavours to resume the Service as soon as reasonably practicable; or
(b) we consider that you have failed to comply with any provision of this agreement (including failure to pay fees or charges due), or you do, or allow to be done, anything which in our opinion may have the effect of jeopardising the operation of the Service.
8.5 You remain liable to pay all fees and charges set out in this agreement during any period of suspension or disconnection or denial of access.
8.6 We may (without notice) remove, amend or alter any Data:
(a) 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 (including intellectual property rights and moral rights); or
(b) if we consider that you have failed to comply with any provision of this agreement.
8.7 We are not required to provide you with a copy of your Data if:
(a) we suspend or disconnect your Service or deny access to the Service;
(b) remove, amend or alter your Data; or
(c) this agreement is terminated (for any reason).
If we provide you with a copy of your Data, then we are entitled to charge you an additional fee calculated at the hourly rate set out in the Plan Terms for the time taken for us to recover and provide you with that data.
9 Additional Terms
9.1 You must comply with:
(a) the Plan Terms that are applicable to your selected Plan;
(b) our Acceptable Use Policy;
(c) our operational procedures for the Service(s) which are set out on this webpage and any other associated links within this webpage
9.2 If there is any inconsistency between a provision in a document listed in this clause 9.2 and a provision in another document listed in this clause 9.2, then the provision in the document listed first below prevails:
(a) these terms;
(b) the Plan Terms that are applicable to your selected Plan;
(c) the Add On Terms that are applicable to your selected Add Ons;
(d) our Acceptable Use Policy; and
(e) our operational procedures for the Service.
10.1 Either party may exercise a right, power or remedy at its discretion and separately or concurrently with another right, power or remedy. Failure by a party to exercise, or delay in exercising, a right, power or remedy does not prevent its exercise.
10.2 A provision of, or a right created under this agreement, may not be waived except in writing signed by the party granting the waiver.
10.3 Subject to clause 10.4, we can change these terms, the Plan Terms, our Acceptable Use Policy or our operational procedures for the Service at any time without notice.
10.4 If we change any of the documents listed in clause 10.3 in a manner which we reasonably consider would cause detriment to you, we will notify you of the change at least 14 days in advance. Our assessment of whether a change would cause detriment to you will include consideration of your usage patterns over the 3 months immediately preceding the change. If we reasonably consider that a change causes detriment to you and notify you of the change but you do not accept the change, you may terminate this agreement but you must notify us of such termination within 14 days of our notice of change by Official Registered Post. If you notify us that you wish to terminate this agreement, the termination will take effect from the date that the change of the document listed in clause 10.3 comes into effect, as specified in our notice. Notwithstanding that you may send us notice of termination under this clause, if you continue to use the Service beyond the date of the change, you must pay all such fees and charges for such use. You will be taken to have accepted the change if you use the Service beyond the date of the change.
- received adequate notice of such changes where WangNET places a notice on the WangNET website setting out such changes; and
- agreed to such changes the next time they use their Service after publication of the relevant notice on the WangNET website.
10.6 It will be sufficient, for the purposes of clause 10.4 and clause 10.5, that we notify you only of the fact that a document listed in clause 10.4 has been changed and that we post a revised copy of the revised copy of the relevant document on the WangNET Hosting Website.
10.7 Notices can be provided under this agreement by email, instant messaging, post or facsimile. You acknowledge that we may notify you by email of any matters relating to this agreement, including any changes to this agreement. You acknowledge that you must regularly check the email address that you provide to us. If we elect to provide notice to you by email, you will be taken to have received the email notification, in the absence of any evidence to the contrary.
10.8 You may not resell or assign any of your rights or obligations under this agreement without our prior written consent. We may assign or subcontract any of our rights or obligations under this agreement to a third party.
10.9 This agreement constitutes the entire agreement of the parties about its subject matter and supersedes all previous agreements, understandings and negotiations on that subject matter whether verbal or in writing.
10.10 This agreement is governed by the law in force in Victoria, Australia.
10.11 Clauses 1.10, 3.13, 5.4, 5.5, 5.6, 5.7, 5.8, 5, 6, 7 , 8.3, 9 , 10, 11, 13, 14, 15, 16, 17, 18, 18.1, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, and 37 survive the termination (for any reason) of this agreement.
11 Definitions and Interpretation
11.1 Unless the contrary intention appears, in this agreement, the following words have these meanings:
“Acceptable Use Policy” means the WangNET Acceptable Use Policy annexed to these terms.
“Add Ons” means the different add on product offerings specified in the Add On Terms.
“Add On Terms” means the terms that are applicable to the Add Ons and are annexed to these terms.
“WangNET Hosting Website” means our website at http://www.wangnet.com.au/
“Data” includes all information, data, material, software code, applications, files, text, logos, images, audio, movie clips and/or content in any form placed on our systems as a result of providing the Service to you.
“Data Download” means data transferred from your website.
“GST” means the tax imposed by the GST Act and the related imposition Acts of the Commonwealth.
“GST Act” means the A New Tax System (Goods and Services Tax) Act 1999, as amended from time to time.
“Plans” means different Service offerings made available by us from time to time as specified in the Plan Terms.
“Plan Terms” means the terms that are applicable to the Plans and are annexed to these terms.
“Software” means any software that you obtain from us under this agreement.
“We, us our or WangNET” means and includes a reference to WangNET ARBN B1777410A and Davidson Two Pty Ltd ABN 31 051 707 496.
“You, Your Customer or Client” means and includes a reference to You, your assigns, agents, contractors, officers, employees and anyone else (other than WangNET or Davidson Two Pty Ltd or its representatives)
11.2 Unless the contrary intention appears, a reference to:
(a) this agreement is a reference to the documents referred to in clause 9.2;
(b) a document (including this agreement) includes any variation or replacement of it;
(c) a clause is a reference to a clause in this agreement;
(d) law means common law, principles of equity, and laws made by parliament (and laws made by parliament include State, Territory and Commonwealth laws and regulations and other instruments under them, and consolidations, amendments, re-enactments or replacements of any of them);
(e) an amount of money is a reference to the lawful currency of Australia;
(f) a day is a calendar day and is to be interpreted as the period of time commencing at midnight and ending 24 hours later; and
(g) the words “include”, “including”, “for example”, or “such as” are not to be interpreted as words of limitation, and when such words introduce an example, they do not limit the meaning of the words to which the example relates, or to examples of a similar kind.
12 Use of your information and material
12.1 When you send us any feedback, suggestions, ideas or other materials in relation to or via wangnet.com.au or its various services, you agree that we can use, reproduce, publish, modify, adapt and transmit them to others free of charge without restriction, subject to our obligations in our Privacy Statement.
13 Fees & Payments
13.1 As consideration for the services purchased by You and provided to You by WangNET, You agree to pay WangNET a monthly or yearly fee, dependant on the time of contractual agreement for the plan chosen (Contractual Agreements for plans nominated under Plan Terms) for the designated period of time specified for that plan. Payment is to be made by You by a method acceptable to WangNET. If for any reason WangNET does not receive payment in full, or if WangNET is charged back for any fee it previously charged to the credit card You provided, or a cheque received from you is not honoured by your banking institution, You agree that WangNET may pursue all available remedies in order to obtain payment owing by You.
13.2 You agree that You will be responsible for notifying WangNET in writing via Official Registered Post should you desire to terminate Your use of WangNET’s Web Hosting services or any other Internet Services you have purchased from WangNET. In the event You terminate, moving your website off of the WangNET hosting servers is Your responsibility. WangNET will not transfer or FTP Your web site to another provider. You agree to pay WangNET the appropriate Cancellation Fees plus any outstanding balance owing based upon the plan you have applied for.
13.3 Payments made in consideration of services provided under this agreement come with a 14 day money-back conditional guarantee and must be received in writing delivered via Official Registered Post. Any refund will not include components of Domain Registrations or Security Certificates. Any cancellations after the initial 14 day period will not be eligible for a refund of all or part of the consideration paid.
14 Contractual Agreements and Cancellation Terms and Fees
14.1 Cancellation Fees are applicable for any retail plan cancelled within 24 months of the date of commencement of the Service. The cancellation fee shall be $150 plus any amount owing for services which would have been provided under the Plan within the first 24 months, except for plans covered by clause 14.2.
14.2 For any plans paid monthly, such as CMS plans, cancellation fees will not apply provided that at least 9 months have elapsed from the commencement date, and at least 3 months notice of cancellation is given. In other circumstances, the cancellation terms in clause 14.10 will apply.
14.3 Cancellation fees will not apply to any cancellations made within the first 14 days of service, in accordance with clause 13.3.
14.4 You agree that WangNET may pursue all available remedies in order to obtain payment of cancellation fees and balance owing by You and list you with a relevant Credit Reporting Authority for any default in payment.
14.5 Retail Hosting Contractual Agreement. Hosting contracts are offered by WangNET on a 24 month contractual agreement commencing the date of initial payment. WangNET offers an initial 14 day unconditional money back guarantee for all retail hosting packages. If You are not 100% satisfied within the first 14 days of your hosting account being activated You are entitled to a full refund of monies paid (minus any domain registration and security certificate costs) and release from the 24 month term, if cancellation is received in writing from You via Official Registered Post within the first 14 days of initial payment being made for the hosting package.
If no written cancellation is made by You within that initial 14 days, then it is deemed that You accept the 24 month contractual term as binding and final. If You default on Your hosting payments and WangNET cancels your Hosting Package due to default of payment, You are obliged to pay the full balance due for the hosting package for the remainder of the 24 month term plus a $150 Cancellation Fee. If You cancel and move services away from WangNET within the 24 month term, then the full outstanding amount of the balance of the 24 month term will be payable in full immediately plus a $150 cancellation fee.
You may request in writing to be bound only to a 12 month hosting term but this request must be received in writing from You via Official Registered Post within the first 14 days of initial payment being made for the hosting package chosen. If no written request is made within 14 days of initial payment being made for Your chosen hosting package, then it is deemed that You accept the 24 month contractual term of hosting as binding and final.
14.6 Resellers Contractual Agreement. Reselling contracts are offered by WangNET on a 60 month contractual agreement commencing the date of initial payment of setup and 1st monthly payment. WangNET offers an initial 30 day unconditional money back guarantee for all reseller’s packages. If You are not 100% satisfied within the first 30 days of your resellers account being activated You are entitled to a full refund (minus any domain registration and security certificate costs) and release from the 60 month term, if cancellation is received in writing from You via Official Registered Post within the first 30 days of initial payment being made for the reseller package.
If no written cancellation is made by You within that initial 30 days, then it is deemed that You accept the 60 month contractual term of reselling as binding and final. If You default on Your resellers payments and WangNET cancels your Resellers Package due to default of payment, You are obliged to pay the full balance due for the resellers package for the remainder of the 60 month term plus a $1500 Cancellation Fee. If You cancel and move services away from WangNET within the 60 month term, then the full outstanding amount of the balance of the 60 month term will be payable in full immediately plus a $1500 Cancellation Fee.
14.7 WangNET CMS Contractual Agreement. CMS contracts are offered by WangNET on a 12 month contractual agreement commencing the date of initial payment of setup and 1st monthly payment. WangNET offers an initial 14 day unconditional money back guarantee for all CMS packages. If You are not 100% satisfied within the first 14 days of your CMS account being activated You are entitled to a full refund (minus any domain registration, security certificate costs and any third party license fees) and release from the 12 month term, if cancellation is received in writing from You via Official Registered Post within the first 14 days of initial payment being made for the CMS package.
If no written cancellation is made by You within that initial 14 days, then it is deemed that You accept the 12 month contractual term of the WangNET CMS package as binding and final. If You default on Your WangNET CMSl package payments and WangNET cancels your WangNET CMS package due to default of payment, You are obliged to pay the full balance due for the WangNET CMS package for the remainder of the 12 month term plus a $250 Cancellation Fee. If You cancel and move services away from WangNET within the 12 month term, then the full outstanding amount of the balance of the 12 month term will be payable in full immediately plus a $250 Cancellation Fee.
14.8 All cancellations must be made via an official request for cancellation in writing via Official Registered Post, and by email notification to email@example.com .
15 Terms of Payments, Terminations and Refunds
15.1 Terms of payment, refunds and delivery of additional services and/or products and cancellations.
15.2 All accounts with WangNET are payable within 14 days of original deposit paid. For any additional services, website development, eCommerce or design where part payment or deposit is initially paid, the remaining balance shall be payable in full prior to delivery of the services, or within 14 days of the final invoice being issued (whichever is sooner). Balance of Payment must be made within 14 days of any invoice being issued, using the same method of payment as the original deposit. Payments made in foreign currencies shall be accepted solely at the discretion of WangNET at the current rate of exchange converted into Australian Dollars.
15.3 WangNET shall be entitled to cancel the agreement of any service, website development, eCommerce or design job, without any refund if the Customer is in default of payment terms, if the Customer is making unreasonable demands not originally agreed to in writing delivered to WangNET via Official Registered Post within 14 days of Account Activation, or if the Customer does not supply required information or items necessary to continue with the service or product. In the event that the Customer is in default of payment, WangNET shall be entitled at its discretion to charge default interest for the remaining balance due at the rate of 3% above the basic interest rate of the Australian Reserve Bank unless a lower level of damage can be demonstrated. Even without a reminder being sent, the Customer shall be in default of payment if he or she has not settled the balance owing within 21 days of the invoice due date. No refunds of advance payments, part payments or deposits will be given under any circumstances.
15.4 If the Customer does not pay the balance owing within 21 days of the due date, the entire deposit amount shall be retained by WangNET as liquidated damages and the agreement and/or contract shall become null and void, at WangNET’s discretion, unless the Web Design or Development Project is cancelled in writing and delivered by Official Registered Post by the Customer prior to 21 days of the effective date of the initial deposit being paid.
15.5 In the event of unreasonable demands being made on WangNET by the Customer that are not originally agreed to in writing at the time of the application, or demands beyond our package descriptions specified on our website, or the Customer does not supply required items or information necessary to continue with the service or product, WangNET shall be entitled to cancel the agreement of any service, website development, eCommerce or design job, without any refund. In the event that the Customer places unreasonable demands on WangNET, WangNET shall be entitled at its discretion to cancel the Customers item(s) and no refunds of advance payments, part payments or deposits will be given under any circumstances.
16 Terms of Payments, Terminations and Refunds
16.1 You agree that all notices (except for notices concerning breach(es) of this Agreement) from WangNET to You may be posted on our website. Notices concerning breaches will be sent either to the email or postal address you have on file with WangNET. In either case, delivery shall be deemed to have been made five (5) days after the date sent.
16.2 Notices from You to WangNET are required to be made and delivered via Official Registered Post, sent to the address we provide on our web site, or mailed to our address at:
7A High Street
Wodonga VIC 3690
17 Use of Feedback and Materials
17.1 When you send WangNET any feedback, suggestions, ideas or other materials in relation to or via wangnet.com.au or its various services, you agree that we can use, reproduce, publish, modify, adapt and transmit them to others free of charge without restriction, subject to our obligations in our Privacy Statement.
18 Execution of Agreement
18.1 This Web Site Hosting, Internet Services and Resellers Agreement (“Agreement”) is by and between WangNET (“WangNET” and “wangnet.com.au”), and you, your assigns, agents and contractors (“You” and “Your” and “Customer”) and is effective upon electronic execution, manual order, or verbal agreement with part payment or deposit. This Agreement sets forth the terms and conditions of Your use of WangNET’s WebSite Hosting (“Web Hosting”) services, reselling services and all other web based services rendered and represents the entire agreement between You and WangNET. By using WangNET’s Web Hosting services, and/or other Services, You acknowledge that You have read, understand and agree to be bound by all the terms and conditions of this Agreement, along with any new, different or additional terms, conditions or policies which WangNET may establish from time to time. You may view the latest version of our Acceptable Use Policy and the latest version of the Privacy Statement at any time
19 Your Obligations
19.1 You agree that You have provided accurate, current and complete information in the application process and that You will notify WangNET within five (5) business days when any of the information You provided as part of the application and/or registration process changes. Failure by You, for whatever reason, to respond within five (5) business days to any inquiries made by WangNET to determine the validity of information provided by You, will constitute a material breach of this Agreement.
19.2 If You provide any information that is inaccurate, not current, false, misleading or incomplete, or if WangNET has reasonable grounds to suspect that Your information is inaccurate, not current, false, misleading or incomplete, WangNET has the absolute right, in its sole discretion, to terminate its Web Hosting Services, Reselling Services or other Services and close Your account.
19.3 You warrant that each application You make is being done so in good faith and that You have no knowledge of it infringing upon or conflicting with the legal rights of a third party or a third party’s trademark or trade name. You also warrant that the web site being hosted by WangNET will not be used in connection with any illegal or unethical activity.
20 Limitation of Liability
20.1 You agree that WangNET’s entire liability to You under this Agreement, and Your only remedy, in connection with any service provided by WangNET to You under this Agreement, and for any breach of this Agreement by WangNET, shall be limited to the fees You paid to WangNET for Web Hosting services.
21.1 You agree to release, defend, indemnify and hold harmless WangNET and its contractors, agents, employees, offices, directors, shareholders and affiliates from and against any losses, damages or costs, including reasonable solicitors fees, resulting from any claim, action, proceeding, suit or demand arising out of or related in any way to Your account with WangNET and/or Your use of the Web Hosting services provided by WangNET.
22 Disclaimer of Warranties
22.1 WangNET EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
23.1 You agree that the terms of this Agreement are severable. If any part of this Agreement is determined to be unenforceable or invalid, that part of the agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties to the Agreement. The remaining terms and conditions of the Agreement will remain in full force and effect.
24.1 Control Panel Access. The control panel requires access to port 2083 through your Internet provider. Most ISP’s allow access to this port by default, however if you are unsure you should check with your ISP prior to opening an account with WangNET. Clients on networks behind a firewall may need access to the configuration of the firewall to allow access to port 2083. Refunds will NOT be provided simply because you cannot access port 2083. Please ensure you check you are able to access this port PRIOR to account application by visiting http://www.wangnet.com.au/cpanel where you will see a standard login page. For windows users this can be accessed by any Windows compatible browser (such as Internet Explorer, Netscape, Opera, etc). In the case of a MAC user, please access this page via a Safari Browser, as we know Mac based IE has issues with most control panels.
24.2 FTP Access. FTP Access requires access to port 21 through your Internet Provider. Most ISP’s allow access to this port by default, however if you are unsure you should check with your ISP prior to opening an account with WangNET. Clients on networks behind a firewall may need access to the configuration of the firewall to allow access to port 21. Refunds will NOT be provided simply because you cannot access port 21. Please ensure you check you are able to access this port PRIOR to account application
24.3 SMTP Access. SMTP Access requires access to port 25 through your Internet Provider and to port 587 to send mail through our mail servers. Most ISP’s allow access to these ports by default, however if you are unsure you should check with your ISP prior to opening an account with WangNET. Clients on networks behind a firewall may need access to the configuration of the firewall to allow access to ports 25 and 587 or will need access to an Internet Service Provider’s SMTP to replace the SMTP details provided by WangNET. Refunds will NOT be provided simply because you cannot access ports 25 or 587. Please ensure you check you are able to access this port PRIOR to account application, or ensure access to your ISPs outgoing mail server for SMTP access instead.
25 Reselling of Retail Hosting Space
25.1 Conditional Permission to Resell WangNET Hosting Services is granted under certain terms.
25.2 WangNET does not allow retail hosting clients to resell any part of a retail hosting account to other users for financial gain. This includes, but is not limited to, Web Users, Sub Domains and email users. Retail hosting accounts are deemed for use of the direct owner of the account only and cannot be broken down and resold for profit, with the sole exception of officially registered WangNET Resellers who may break down their allocated hosting space and resell the space with or without domain names attached for profit.
26 Service and Outage Credits
26.1 WangNET does not issue service and/or outage credits for any outages incurred through service disablement resulting from Policy violations.
27 Adult Content
27.1 WangNET does not allow adult oriented sites including pornography or explicit sex-related merchandising with the exception of normal (non explicit) adult products or lingerie sales and merchandising sites being permitted. This includes sites that may imply explicit sexual content, or links to explicit adult content elsewhere. If unsure please contact firstname.lastname@example.org so that you can obtain permission in writing from WangNET to host adult-related content
28 Server Abuse
28.1 Any attempts to undermine or cause harm to a WangNET server or Client of WangNET is strictly prohibited.
29 Sub Networks, Resellers and Dedicated Server Lessors
29.1 Any sub-networks of WangNET, Resellers and dedicated server owners or lessors must adhere to the policies listed above and below. The failure to meet or follow any of the above guidelines is grounds for account deactivation. We reserve the right to remove any account without prior notice.
30 Hate, Racial, Discriminatory or Illegal Content
30.1 WangNET does not allow hate, racial or discriminatory sites. This includes sites that promote hatred, racism, discrimination or any illegal activity or content that may be damaging to our servers or any other server on the Internet. Links to such materials are also prohibited.
31 Security Violations
31.1 Violations of system or network security are prohibited, and may result in criminal and civil liability. Examples include, but are not limited to the following: Unauthorized access, use, probe, or scan of a systems security or authentication measures, data or traffic. Interference with service to any user, host or network including, but without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks. Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
32 Server Resource Abuse
32.1 Any website that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given an option of either paying extra (which depends on the resource needed) or reducing the resource used to an acceptable level. WangNET shall be the sole arbiter of what is considered to be a high server usage level.
33 Negative Impact
33.1 Any site which has a negative impact on a server may be suspended without notice.
34 CGI Scripts
34.1 CGI script sharing with domains not hosted by WangNET is not allowed. Any cgi-scripts deemed to be adversely affecting the server performance or the network integrity will be shut down without prior notice. Matt’s FormMail CGI script is not allowed on our servers.
35 Background Processes
35.1 Background Running Programs and Cron Jobs – WangNET may allow background programs or Cron Jobs to run in the background. These programs will be considered on an individual basis and must have written permission to run, and an extra charge may be incurred based on system resources used and operational maintenance needed. If you wish to run background programs or processes please contact us at email@example.com before doing so to obtain written permission. Any background processes or Cron Jobs found to be running without permission may result in Account Termination immediately.
36 Multimedia Files
36.1 Multimedia files are defined as any graphics, audio, and video files. WangNET web hosting accounts are not to be used for the purposes of distributing and storing unusual amounts of multimedia files. Any website whose disk space usage for storing the multimedia files exceed 70% of its total usage, either in terms of total size or number of files, will be deemed to be using an unusual amount of multimedia files. An exception to this rule will be granted for uncompressed (non-Zipped) *.swf files (Macromedia Flash™) that are used in a responsible manner. This format can be efficiently used to build entire websites, thereby replacing a large portion of the HTML normally necessary.
37.1 Any database stored on WangNET servers shall be limited in size to 20% of the total disk space allotted for a particular domain and the plan that domain is running under.
HOSTING PLANS & RESELLERS PLANS
1 The features of each Hosting Plan:
The features of each hosting and reseller plan are as described on WangNET’s main website.
2 The set-up fees and monthly or yearly fees payable for each account type (Retail Hosting and Resellers Plans) are displayed on the order pages of WangNET’s website
2.1 The length of term for Hosting Plans are:
For WangNET CMS plans – Contractual Term 12 months
All other plans – Contractual Term 24 months
Reseller plans – details on application
3 The GST inclusive set-up fees and monthly fees payable for all Hosting Plans are:
Fees payable for excess data transferred from your website in any month: $0.003/MB
Data Recovery from backups: $550 per hour
(1) If your selected Plan has a monthly download limit, and your actual Data Download in any month exceeds the Maximum Monthly Data Download for your Plan, you must pay an additional fee calculated by multiplying the amount of excess data transferred from your website by the rate set out above.
(2) You must pay an additional disk space fee if your actual disk space exceeds the Maximum Disk Space for your Plan unless you have purchased an upgrade option to a larger package and you do not exceed the additional disk space you purchase. You will be advised of additional costs for extra space at the time.
(3) The data recovery from backup fee is payable in the circumstances set out in clause 8.7 of the WangNET Hosting Terms.
Add On Terms
Add On Terms apply only when a specific Add On is provided for your account. Applicable terms will accompany any such Add On at the time.