Aus Net Servers Australia Pty Ltd General Terms & Conditions

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1 General Terms & Conditions Effective 01/01/2015 Last Updated 28/12/2014 Revision 3.7

2 Below are the standard terms and conditions which you must agree to when taking out services with Aus Net Servers Australia Pty Ltd. This agreement governs the terms and conditions of all services supplied by Aus Net Servers Australia. The client agrees to use services supplied by according to the following terms and conditions. Aus Net Servers Australia reserves the right to modify these terms of services without notice at any time. You agree by using our network and or services that you agree to the terms of service and continue acceptance and agreement of the terms of services throughout the time your service is hosted with us, even if the terms of service change Aus Net Servers Australia may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of unacceptable behavior, content or links include: pirated software, hacker programs or archives, Warez sites, MP3, and IRC bots, Denial of Service Attack, Hack, and any other scanning tools that cause harm to others; child pornography; spam/bombing/opt-in; fraud activity / Credit card trading; harassment; making copy of unauthorized software; distribution of viruses Helpdesk & Support Policy Support with is provided on a first come first served basis, except where the client is a business, enterprise or wholesale customer, where their support requests are prioritized. Support is delivered by Telephone on (option 2) during business hours and Support Ticket (24/7 365 Days) via our website or (24/7 365 Days). Our Network operations centre is available via (noc@ausnetservers.com.au) and via telephone ( ) 24/7 365 days a year for ALL network related issues or concerns. Additional fees may be incurred if you abuse this service. This service is designed for network related issues or abuse related issues. Please ensure you have a support ticket open prior to contacting a member of this department. The following terms and conditions also apply to all services: I. Opening Pay-Pal disputes without first contacting the relevant support department will be classed as an early termination and will result in your service being terminated without warning or notice II. All service modifications and upgrades must be lodged through our online ticketing system or via Telephone Support. Please note that all other forms and service modifications will be ignored for privacy and security purposes. Where the client calls in via Telephone they will need to provide the 6 digit pin number they entered when they first registered their account. III. Premium Support add-ons can be purchased for any product or service that you have with Aus Net Servers Australia, Fees are charged on an as is basis along with the service call out fee. For more information regarding this please contact our customer care centre. IV. IP Addresses that are ordered and not used on your services or that are removed from your services may be confiscated and returned to the address pool. V. You as the client are solely responsible for the content stored and used within your account and or services which is serviced to the general public. ABN: ACN: Page 2

3 Billing, Payments & Accounts Policy Aus Net Servers Australia bills all accounts at least seven (7) days prior the anniversary date. At this time you will be issued with a Tax Invoice via (as an attachment) or a notification of where you can login and download your invoice. If you pay by credit card we will charge the card we have on file for the full month on the day the service is due All charges are shown in Australian Dollars (unless otherwise stated) and includes Goods and Services Tax (unless otherwise stated) All accounts that are over 14 days past due will have all services linked to them suspended and a late payment fee of $33.00 added to the invoice. All unpaid invoices, both current and past are subject to collection, where you will be liable for costs of collection including legal fees, collection agency fees and court costs. If you have any questions on the way we bill you for your services please do not hesitate to contact us via (billing@ansaclients.com.au) or via the telephone (option 2) The following terms and conditions also apply to all services: I. Your service may be suspended or terminated if the payment is declined, charged back or disputed and you will be charged the early termination fee and the network termination fee (where applicable) II. Clients are urged not to open Pay-Pal disputes against Aus Net Servers Australia without first contacting the relevant department to try and sort the issue out internally. Failing to do so will result in instant service suspension until the matter is resolved with an administration fee of $33.00 been added to your account. This must be paid before the service can and or will be reconnected. III. reserves the right to charge 20% interest on all accounts that are more than 30 days old unless a prior arrangement has been made in writing. IV. For the purpose of debt collection, debt recovery or debt purchase, reserves the right to release your personal information in accordance with our privacy policy. V. Opening Pay-Pal disputes without first contacting the relevant support department will be classed as an early termination and will result in your service being terminated without warning or notice VI. The client will be responsible for all legal costs and or court fees that Aus Net Servers Australia incurs if we are unable to collect a debt from you within 7-14 days of the invoice date and as a result forward the invoice and altogether relevant information to our debt collection agent / agency. VII. Credit cannot be withdrawn from your account at any point in time. All credit that is on the account will stay on the account until used by a fee or service ABN: ACN: Page 3

4 Bullying, Abuse & Harassment I. Without limiting or excluding any other clause you as the client agree not to abuse any staff member under any circumstances. Abusing a staff member will result in service termination and you will be billed accordingly as per the terms of service for early termination and or where applicable network port termination. We take abuse very seriously. II. Clients who abuse the network capacity and resources of will have their services suspended III. Aus Net Servers Australia is committed to complying with copyright laws, such as DMCA and other applicable laws, and requires all of its users / clients to comply with these laws. As part of our response, we may remove or disable access to material residing on a site or other product that is controlled or operated by Aus Net Servers Australia that is claimed to be infringing, in which case we will make a good-faith attempt to contact the person who submitted the affected material so that they may make a counter notification, also in accordance with the DMCA. IV. Where the customer is a consumer, Aus Net Servers Australia only accepts liability where: the service is not supplied with due care and skill; any material supplied in connection with the service is not reasonably fit for the purpose for which it was supplied; and Aus Net Servers Australia are otherwise required to do so by law. To the extent that the service is not of a kind ordinarily acquired for personal, domestic or household use Aus Net Servers Australia s liability is limited to, at its option, to the resupply of the services again; or payment of the cost of having the services supplied again. ABN: ACN: Page 4

5 Termination & Suspension Of Services (Including Fees) I. All late fees are charged at a flat fee of $33.00 AUD per service which is non-refundable and inclusive of GST ( Goods and Service Tax) This fee is added to the invoice once the invoice has been overdue for 24 hours. II. Aus Net Servers Australia may temporarily deny service or terminate your service upon the failure of the customer to pay charges when due or for breach of these Terms of Service. Such termination or denial will not relieve the customer of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees. III. For clients who do not give the mandatory 30 days notice to terminate their services the following terms apply: A. The client will be billed a full months renewal of their services, less the amount of calendar days remaining from the current billing cycle from the time the client lodged the cancelation request. B. The client will be billed an administration fee of $33.00AUD (Including GST) C. The client will be billed a $66.00 Network Termination fee (Including GST) excluding: i. Web Hosting ii. DNS Hosting iii. Streaming Media Hosting iv. Business ICT v. Hosting vi. TeamSpeak 3 Hosting vii. VoIP Hosting IV. Clients who get ANSA IP Addresses black listed due to spamming or unsolicited mail V. IP Addresses that are assigned to your account are to be used for lawful purposes only, using any IP addresses for illegal purpose will result in service suspension / termination with the appropriate fees being charged for early termination and network termination. VI. While reasonable efforts are be made to block all inbound and outbound attacks to other external or internal servers or networks, Aus Net Servers Australia are obliged to disconnect any service that may be participating in illegal activities if we receive documented proof that your service(s) have been committing such an attack on an external resource that matches the data packets on your port. VII. When a server is found to be excessively using the resources available, Aus Net Servers Australia reserves the right at its sole discretion to disconnect that server immediately to avoid slowing down other servers on our network. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers and our network. Where appropriate account holders may be offered an option whereby Aus Net Servers Australia reactivate the server with additional resources for an additional fee. VIII. All simply hosting products including but not limiting cpanel Web Hosting, DNS Server Hosting, Dedicated Servers, Virtual Private Servers and our electronic services are non-refundable. ABN: ACN: Page 5

6 Severance Clause If any provision of this agreement is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from this agreement and rendered ineffective as far as possible without modifying the remaining provisions of this agreement, and shall not in any way affect any other circumstances of or the validity or enforcement of this agreement. ABN: ACN: Page 6

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