Terms of Service

This Acceptable Use Policy forms part of, and must be read together with the Web Click Web Site Hosting Application Form. Web Click is a trading name of PerthWeb Pty Ltd, hereafter referred to as PerthWeb.

It is a condition of applying for any Web Click Hosting Service that you (the Client) read, understand, and accept the following Acceptable Use Policy.

Services

Web Click’s web site hosting service will be operational according to the specifications of the service chosen and to the Acceptable Use policy.

Occasionally, scheduled downtime and circumstances beyond our control may cause your web site or email to be unavailable. We will make all reasonable endeavors to keep “downtime” to a minimum. You agree to not hold Web Click liable for any losses, including financial, due to the failure of any such web site, email and/or other services provided by Web Click. However, if Web Click does not maintain an “uptime” for over 99% in any given month for web site or email hosting services, you may apply for a refund for that month’s service.

Payment of Account

At its discretion, PerthWeb may issue invoices via post, facsimile or email. You agree to pay all amounts invoiced by PerthWeb within 14 days of the date of invoice. If the payment is not received within 14 days, PerthWeb reserves the right to issue a written warning and then discontinue all services if payment is still not received within a further 14 days, and recoup all moneys owing, including 10% per annum interest calculated monthly from the due date of the invoice through to the date that payment is made, and any legal or other recovery costs incurred in recovering the debt.

Changes to Account

Contracts and billing are on a quarterly or yearly basis, depending upon the service. Your hosting account will be re-billed until you request closure of your account and this is acknowledged in writing by Web Click. If you do not contact Web Click to advise of account closure, invoices for web site hosting will still require payment.

Web Click will give you no less than 30 days notice of any changes to the terms and conditions of your service, unless these changes are deemed to be to your advantage. Notice will be provided to you via post, facsimile or email, at Web Click’s discretion.

Your account may be terminated upon 30 days notice, by either party. Notification of cancellation of an account must be via an authorised company contact, and must be provided in writing via mail or facsimile, at the discretion of the cancelling party.

If your account is cancelled, you may request a pro-rata refund for any amount you have pre-paid, but only for the time remaining in your account period, minus an administration fee. If the refund owing is less than $50 AUD, no refund will be provided.

Privacy

Your web site and email content is your business. Only in the event that Perth Web is served with a legally valid takedown order will we exercise censorship of your web site, with the exception being if the account is cancelled by Web Click.

However, it is a condition of the Acceptable Use Policy that you ensure the content of your web site and your use of the service does not infringe any Australian law or those in any other location in which you are conducting business.

While every domain’s contact details are available through Internet Domain records, your personal billing details or web site hosting account activity logs will not be released without your permission, except in the case of legal compulsion such as a court order.

Trademarks

All trademarks and other copyrighted material remain the property of their respective owners.

Liabilities

Web Click’s “anti spam” policy forbids the use of Web Click email facilities for the sending of unsolicited commercial email such as advertisements for products and/or services, unless the receiver has specifically given their permission to receive such emails. Such activities are also contravened by Australian Federal Law under the Spam Act 2003 and the Spam (Consequential Amendments) Bill 2003. Web Click may withdraw your hosting service without notice if you violate this policy and/or law.

All activities and information hosted or transmitted from this service, whether by web site hosting, email or by other means, should not violate copyright law, defraud or defame people and/or organisations, or violate any other law either existing or coming into effect law during the period of the service. This includes, but is not limited to, the use of services supplied to illegally enter another computer system or disrupt the exchange of data. Violation of the policy may result in withdrawal of your hosting service without further notice.

You agree to not hold Web Click liable for any losses, including financial, due to copyright, legal or other infringement resulting from your web site or use of the service. You further agree to indemnify Web Click from any action by third parties resulting from your web site or any other use of your web site hosting service.

Web Click operates secure hosting servers and take all reasonable care in the protection of date on these services. However, you agree that Web Click does not accept any legal responsibility or legal liability for the security of data hosted or transmitted from its servers. Further, you agree that Web Click will not be held jointly or severally liable for claims of damage or loss arising from unauthorized viewing, copying, modification or any other use of such data, whether by your or by a third party.

You agree that under no circumstance shall Web Click be responsible for end-user traffic or telephony charges. You hereby indemnify Perth Web against all and any liability relating thereto, either from yourself or any third party due to misuse by yourself or any third party of the service supplied. Misuse of any supplied services may result in Web Click canceling your service without notice.

Please note, if your web site is subject to a directed network attack, such as a Denial of Service (DoS) attack, Web Click will undertake reasonable countermeasures to resolve this issue. However if the issues cannot be resolved in a reasonable time frame, it may be necessary to temporarily suspend your hosting account until the attack ceases. You will be advised if this is necessary.

Technical Support

Technical support is available during normal business hours, 8:30am to 5pm +8 GMT, Monday through Friday, excluding Western Australian public holidays. This support is provided by sending emails to support@webclick.com.au or by telephoning the Web Click office. Failure of services may be reported at any time via an after hours mobile number available on the office phone number.

All support given by Web Click staff is deemed correct only by the information presented and is provided in good faith. However, you agree that Web Click will not be liable for claims or damage or loss arising from any support provided.

Please note, technical support is generally only provided to the registered Accounts Contact and Technical Contact listed on this form. Support may be provided to other contacts on request at Web Click’s discretion.

Jurisdiction

The Terms and Conditions as outlined in this Acceptable Use Policy and the Web Click Hosting Application Form of which is forms a part, shall be governed by the laws in force in the state of Western Australia and you and Web Click hereto submit to the exclusive jurisdiction of the Courts of this State.