Where the context admits: "We" includes Computer Software & Peripherals Pty Ltd
of: 3/455 Prinsep Road, Jandakot, Western Australia 6164 or any party
acting on Computer Software & Peripherals Pty Ltd implicit instructions. "You" includes
the person purchasing the Services or any party acting on the customer's
instructions. "The Registrant" includes the person applying for a domain name or
any party acting on the Registrant's instructions. "The Registry" the relevant
domain names Registry. "Server" means the computer server equipment operated by
us or any company contracted by us in connection with the provision of the
Services. "Web Site" means the area on the Server allocated by us to you for use
by you as a site on the Internet.
In consideration of the mutual covenants herein, the parties agree to the
following, which shall apply during the term of this Agreement:
1. Domain Name Registration
1.1 We make no representation that the domain name you wish to register
is capable of being registered by or for you or that it will be registered in
your name. You should therefore not assume registration of your requested domain
name(s) until you have been notified that it has or they have been registered.
Any action taken by you before such notification is at your risk.
1.2 The registration and use of your domain name is subject to the terms
and conditions of use applied by the relevant Registry; you shall ensure that
you are aware of those terms and conditions and that you comply with them.
1.3 You shall have no right to bring any claim against us in respect of
refusal to register a domain name.
1.4 Any administration charge paid by you to us shall be non-refundable
notwithstanding refusal by the Registry to register your desired name.
1.5 We shall have no liability in respect of the use by you of any domain
name; any dispute between you and any other person must be resolved between the
parties concerned in such dispute. If any such dispute arises, we shall be
entitled, at our discretion and without giving any reason, to withhold, suspend
or cancel the domain name. We shall also be entitled to make representations to
the relevant Registry but will not be obliged to take part in any such dispute.
1.6 We shall not release any domain to another provider unless full
payment for that domain has been received by us.
2. Web Site Hosting and Email
2.1 We make no representation and give no warranty as to the accuracy or
quality of information received by any person via the Server and we shall have
no liability for any loss or damage to any data stored on the Server.
2.2 You represent, undertake and warrant to us that you will use the Web
Site allocated to you only for lawful purposes. In particular, you represent,
warrant and undertake to us that
2.2.1 you will not use the Server in any manner which infringes any law
or regulation or which infringes the rights of any third party, nor will you
authorise or permit any other person to do so.
2.2.2 you will not upload, post, link to or transmit:
(a) any material which is unlawful, threatening, abusive, malicious, defamatory,
obscene, pornographic, blasphemous, profane or otherwise objectionable in any
way.
(b) any material containing a virus or other hostile computer program.
(c) any material which constitutes, or encourages the commission of, a criminal
offence or which infringes any patent, trade mark, design right, copyright or
any other intellectual property right or similar rights of any person which may
subsist under the laws of any jurisdiction.
(d) any material which is forbidden by our acceptable use policy which is
published at http://www.csppl.net/aup.php
2.2.3 you will not send bulk email whether opt-in or otherwise from our
network. Nor will you promote a site hosted on our network using bulk email.
2.2.4 you will not employ programs which consume excessive system
resources, including but not limited to processor cycles and memory.
2.2.5 any file you store on the Server will be reachable via a hyperlink
from a page on your site.
2.3 We reserve the right to remove any material which we deem
inappropriate from your Web Site without notice to you.
2.4 You shall keep secure any identification, password and other
confidential information relating to your account and shall notify us
immediately of any known or suspected unauthorised use of your account or breach
of security, including loss, theft or unauthorised disclosure of your password
or other security information.
2.5 You shall observe the procedures which we may from time to time
prescribe and shall make no use of the Server which is detrimental to our other
customers.
2.6 You shall procure that all mail is sent in accordance with applicable
legislation (including data protection legislation) and in a secure manner.
2.9 In the case of an individual User, you warrant that you are at least
18 years of age and if the User is a company, you warrant that the Services will
not be used by anyone under the age of 18 years.
2.10 Any access to other networks connected to CSPPL.net must comply with
the rules appropriate for those other networks.
2.11 While we will use every reasonable endeavour to ensure the integrity
and security of the Server, we do not guarantee that the Server will be free
from unauthorised users or hackers and we shall be under no liability for non-
receipt or misrouting of email or for any other failure of email.
2.12 No more than one log-in session under any one account may be used at
any time by you. If you have multiple accounts, you are limited to one login
session per system account at any time.
3. Service Availability
3.1 We shall use our reasonable endeavours to make available to you at
all times the Server and the Services but we shall not, in any event, be liable
for interruptions of Service or down-time of the Server.
3.2 We shall have the right to suspend the Services at any time and for
any reason, generally without notice, but if such suspension lasts or is to last
for more than 7 days you will be notified of the reason.
4. Payment
4.1 All charges payable by you for the Services shall be in accordance
with the scale of charges and rates published from time to time by us on our web
site and shall be due and payable in advance of provision of the Services.
4.2 We reserve the right to change pricing at any time although all
pricing is guaranteed for the period of pre payment.
4.3 Payment is due each anniversary month, quarter or year following the
date the Services were established until closure notice is given in accordance
with 5.4. If you choose to pay by credit or debit card you authorise us to debit
your account renewal fees from your card.
4.4 All payments must be in Australian Dollars.
4.5 If your cheque is returned by the bank as unpaid for any reason, you
will be liable for a "returned cheque" charge of $25.
4.6 Without prejudice to our other rights and remedies under this
Agreement, if any sum payable is not paid on or before the due date, we shall be
entitled forthwith to suspend the provision of Services to you.
5. Termination And Refunds
5.1 We shall be entitled to suspend the Services and/or terminate this
Agreement forthwith without notice to you if you:
5.1.1 fail to pay any sums due to us as they fall due.
5.1.2 break any of these terms and conditions.
5.1.3 are a company and you go into insolvent liquidation or suffer the
appointment of an administrator or administrative receiver or enter into a
voluntary arrangement with your creditors.
5.2 No refunds will be made under any circumstances for Services
suspended in accordance with 5.1.
5.3 We reserve the right to suspend the Services and/or terminate this
Agreement at any time. In the event of this You will be entitled to a pro rata
refund based upon the remaining period of prepayment.
5.4 You may cancel the Services at any time. To do so you must request
cancellation of the Services in writing including your account username and
password. We will cancel the Services within 2 working days of receipt of your
request.
5.5 During the first 7 days of Services, You are entitled to a refund of
the basic hosting plan rental fee should You decide to cancel the Services. No
full refunds or pro rata refunds will be made after the first 7 days of service
should You decide to cancel the Services.
5.5.1 Domain name registration fees, charges for additional data transfer
and charges for optional extras added to your account are not refundable on this
basis.
5.5.2 You will not be entitled to a refund on this basis if you have
previously held an account with us.
5.6 Where payment has been made by credit or debit card, any refund will
only be issued to the same credit or debit card.
5.7 On termination of this Agreement or suspension of the Services we
shall be entitled immediately to stop access to your Web Site and to remove all
data located on the Server.
6. Indemnity
6.1 You shall indemnify us and keep us indemnified and hold us harmless
from and against any breach by you of these terms of business and any claim
brought against us by a third party resulting from the provision of Services by
us to You and your use of the Services and the Server including, without
limitation, all claims, actions, proceedings, losses, liabilities, damages,
costs, expenses (including reasonable legal costs and expenses), howsoever
suffered or incurred by us in consequences of your breach or non-observance of
this Agreement.
7. Limitation Of Liability
7.1 All conditions, terms, representations and warranties relating to the
Services supplied under this Agreement, whether imposed by statute or operation
of law or otherwise, that are not expressly stated in these terms and conditions
including, without limitation, the implied warranty of satisfactory quality and
fitness for a particular purpose are hereby excluded, subject always to
subclause 7.2.
7.2 Nothing in these terms and conditions shall exclude our liability
under Australian Trade Practices Legislation.
7.3 Our total aggregate liability to you for any claim in contract, tort,
negligence or otherwise arising out of or in connection with the provision of
the Services shall be limited to the charges paid by you in respect of the
Services which are the subject of any such claim.
7.4 In any event no claim shall be brought unless you have notified us of
the claim within 30 days of it arising.
7.5 In no event shall we be liable to you for any loss of business,
contracts, profits or anticipated savings or for any other indirect or
consequential or economic loss whatsoever.
8. Notices
8.1 Any notice to be given by either party to the other may be sent by either
email, fax or recorded delivery to the address of the other party as appearing
in this Agreement or ancillary application forms or such other address as such
party may from time to time have communicated to the other in writing, and if
sent by email shall unless the contrary is proved be deemed to be received on
the day it was sent or if sent by fax shall be deemed to be served on receipt of
an error free transmission report, or if sent by recorded delivery shall be
deemed to be served two days following the date of posting.
9. Law
9.1 This Agreement shall be governed by and construed in accordance with
Australian law and you hereby submit to the non-exclusive jurisdiction of the
Australian courts.
10. Headings
10.1 Headings are included in this Agreement for convenience only and
shall not affect the construction or interpretation of this Agreement.
11. Entire Agreement
11.1 These terms and conditions together with any documents expressly referred
to in them, contain the entire Agreement between us relating to the subject
matter covered and supersede any previous Agreements, arrangements, undertakings
or proposals, written or oral: between us in relation to such matters. No oral
explanation or oral information given by any party shall alter the
interpretation of these terms and conditions. In agreeing to these terms and
conditions, you have not relied on any representation other than those expressly
stated in these terms and conditions and you agree that you shall have no remedy
in respect of any misrepresentation which has not been made expressly in this
Agreement.
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