TERMS AND CONDITIONS
1.1. Suncoast Hosting is an Internet Service Provider that provides website hosting services.
1.2. This Agreement sets out the terms and conditions on which Suncoast Hosting offers website hosting services to our clients (you).
2 THE SERVICES
2.1 You may select a Web Hosting package from our range of packages offered to you.
2.2 The Web Hosting package selected by you will be indicated where provided on our Agreement form.
2.3 You may enter into extended or other agreements with Suncoast Hosting in writing.
3 WEB HOSTING PACKAGES
3.1 The details of the inclusions within each Web Hosting Package are set out on our Price List.
3.2 Each Web Hosting package includes the following minimum features:
i. storage space on Suncoast Hosting's server;
ii. Free access to the Internet from Suncoast Hosting's server;
iii. email mailboxes;
iv. CGI capabilities;
v. database storage and connectivity;
vi. a capability to link from Suncoast Hosting's website to your website;
vii. usage data collection and statistics; and
viii. help desk services with exception to the Micro, Mini and Max hosting accounts which do not come with any help desk services.
3.3 Suncoast Hosting may add features to a Web Hosting package without prior notice to you.
3.4 Suncoast Hosting may remove features of a Web Hosting Package after providing fourteen (14) days written notice to you.
3.5 Suncoast Hosting will host your website, and if required by you, will make it generally available to Internet users.
3.6 You are responsible for the creation and the content of your website in all circumstances,
3.7 You are responsible for the maintenance and functionality of all software or automated services used in connection with your website.
3.8 You can change and update your website using FTP access and the other methods made available to you from time to time by Suncoast Hosting.
3.8.1 You are responsible for taking regular backups. While Suncoast Hosting will take backups on managed servers (services excluding dedicated servers, virtual servers, Micro, Mini and Max hosting plans) they are taken only for disaster recovery purposes. If required and at all possible, Suncoast Hosting may be able to restore a website from a backup but an extra charge no less than $121 inclusive of GST will be charged.
3.9 The Micro, Mini and Max hosting plans offer NO FREE TECHNICAL SUPPORT AND NO BACKUPS OF THESE ACCOUNTS ARE TAKEN AT ANYTIME. The responsibility of backups and the information contained within these accounts is born to the customer. Suncoast Hosting does not accept any liability and offers NO WARRANTY on the hosting account(s) associated with these plans. Furthermore any customer that signs up for this account is bound to the other terms and conditions contained within this document.
4 FEES AND CHARGES
4.1 By the Agreement you have undertaken to pay Suncoast Hosting's fees and usage charges as set out on our Price List, for the service selected by you.
4.2 Suncoast Hosting will not provide any services pursuant to this Agreement until:-
i. the Agreement has been signed by you and by an authorised representative of Suncoast Hosting; and
ii. you have paid to us the applicable establishment fees and "pay in advance" fees.
4.3 Suncoast Hosting will not refund the establishment fee or "pay in advance" fees if you:-
i. terminates this Agreement; or
ii. does not use any services paid for by you.
4.4 Suncoast Hosting's fees and charges are set out in our current Price List.
4.5 Suncoast Hosting may vary its Price List at any time in accordance with clause 16 of this Agreement.
4.6 Certain fees and charges are payable by you to Suncoast Hosting in arrears. These fees and charges are set out in the Price List and include charges for maintenance requested by you, specialist support, and usage greater than that covered by the Web Hosting package selected by you.
4.7 Suncoast Hosting requires you to correctly describe your business when entering into the Agreement as we charge varying fees to commercial enterprises and non-profit/community organisations.
4.8 Suncoast Hosting will charge a fee of $33 per support request submitted on all BUDGET hosting plans. If development work is required this will be automatically referred on to the relevant provider at Suncoast Hosting's discression. The provider that completes the work will charge their associated fees directly to the customer.
5.1 Suncoast Hosting will issue invoices / statements for all fees and charges that are payable in arrears.
5.2 You agree to pay all invoiced amounts within 7 days of the date of the invoice.
5.3 If you disputes an invoiced amount, you must notify Suncoast Hosting in writing within 7 days of the date of the invoice, and the undisputed amount of the invoice must be paid on time.
5.4 Suncoast Hosting may charge you an administration fee of $20 if a cheque presented by you is not honored or if an electronic or credit card payment made by you is declined.
5.5 If an amount remains unpaid after the 7th day of each month, you will be required to pay a late fee of $5.50, and the service provided to you may be suspended or terminated if the invoice remains unpaid for 30 days.
5.6 Suncoast Hosting's Automated Billing System may attempt to automatically charge a credit card stored on file if outstanding payments are not paid after 3 consecutive months without notice or warning. If this occurs it is at the discresion of Suncoast Hosting as to whether the payment(s), if captured, is refunded to the credit card stored on file.
6 TERM AND TERMINATION
6.1 This Agreement continues in force until terminated by the terms of the Agreement as established at commencement or by such other method as set out in the agreement.
6.2 You may terminate this Agreement at any time by providing to us two weeks written notice.
6.3 Suncoast Hosting may terminate this Agreement:
i. by providing two weeks written notice to you;
ii. immediately and without notice, if Customer breaches this Agreement; or
iii. if required by law or court order.
6.4 This Agreement automatically terminates if you provide notice to Suncoast Hosting in accordance with clause 16.2.
6.5 Upon termination of this Agreement, you will be provided with a final invoice for services provided to you up to the termination date.
6.6 You agree to pay the final invoice within 14 days of the date the invoice was issued.
6.7 All prior invoices which remain unpaid at the time of termination immediately become due and payable upon termination of this Agreement.
6.8 At the conclusion of the termination date and upon the end of the Agreement with you, Suncoast Hosting will delete your website from Suncoast Hosting's computer system or prevent your website from being accessed via the Internet.
7 REGISTERED USERS
7.1 You may nominate one or more Registered Users to access and change your website and your email service.
7.2 Each Registered User of Customer will:-
i. be a natural person;
ii. be associated with you, for example, as a principal, owner, employee or contractor;
iii. be issued with a User ID and initial password; and
iv. if e-mail is provided by Suncoast Hosting as part of the service requested by Customer, an e-mail address and mailbox.
7.3 You and each Registered User are responsible for maintaining the secrecy of passwords issued to you and your users.
7.4 All access to and use of any Suncoast Hosting's service under a User ID and password will be assumed to be access and use by the Registered User to whom the User ID has been allocated.
7.5 You and your Registered Users must not knowingly permit another person to access the Suncoast Hosting service provided to you by using a User ID allocated to you or your Registered User.
7.6 You are responsible for all usage fees, and use and misuse of a Suncoast Hosting's service, by any person using a User ID allocated to you or to your Registered User.
8 USE OF SUNCOAST HOSTINGS'S SERVICES
8.1 You and each of your Registered Users must use Suncoast Hosting's services in a responsible, cooperative and professional manner
8.2 You are responsible for the content contained on Customer's website. Suncoast Hosting does not exercise editorial control over your website.
8.3 You are responsible for obtaining and maintaining the equipment and telephone services necessary to access and use any of the Suncoast Hosting service and for any telephone charges associated with connecting to any of Suncoast Hosting's service.
8.4 You cannot re-sell, on-sell or on-provide Suncoast Hosting's services to third parties, and specifically you may not "sub-host" another's website as part of your service except by written agreement with us.
8.5 We prohibit the following acts (Prohibited Acts):-
i. using a Suncoast Hosting service for any illegal purpose;
ii. tampering with, hindering the operation of or making unauthorised modifications to a Suncoast Hosting's service (other than within your own website in the normal use and operation of the website);
iii. deleting another's data from a Suncoast Hosting's service without permission;
iv. knowingly transmitting a computer virus, worm or disabling feature to Suncoast Hosting, to another Suncoast Hosting customer or via a Suncoast Hosting service;
v. using a Suncoast Hosting service to access another's computer system without permission;
vi. using a Suncoast Hosting service to publish, transmit or store any communication or data that is defamatory, obscene, sexually explicit, abusive or violates any federal, state or local law or regulation;
vii. using a Suncoast Hosting service to engage in misleading or deceptive marketing practices;
viii. use a Suncoast Hosting service to conduct or promote a business that is illegal;
ix. using a Suncoast Hosting service to copy, store, distribute or transmit any work in violation of another's copyright, trade mark or moral rights;
x. using a Suncoast Hosting service to host a website for a third party;
xi. using a Suncoast Hosting service to spam another or to send bulk email;
xii. using another's User ID or password to access a Suncoast Hosting's service without permission; and
xiii. while using a Suncoast Hosting service, impersonating another person or entity.
8.6 An attempt to do a Prohibited Act is a Prohibited Act.
8.7 Knowingly permitting another to do a Prohibited Act is a Prohibited Act.
8.8 You must not do any Prohibited Acts.
8.9 You must instruct all of your Registered Users that they must not do any Prohibited Acts.
8.10 You are solely responsible for any Registered Users (or any person using the User ID allocated to a Registered User of Customer) who does any Prohibited Act.
8.11 You and each Registered User agree to notify Suncoast Hosting if Customer or the Registered User becomes aware that another person has obtained unauthorised access to a Registered User's password, or if there is a threat to the security or proper operation of a Suncoast Hosting's service.
9 SUSPENSION AND CANCELLATION OF SERVICE
9.1 You may cancel a Web Hosting package by notifying Suncoast Hosting in writing or using your online control panel.
9.2 Without limiting Suncoast Hosting's right to terminate under clause 6.3, Suncoast Hosting may suspend or cancel a Suncoast Hosting service, delete the Customer's website from Suncoast Hosting's computer system, or prevent access to Customer's website, if:
i. there is an emergency;
ii. you do not pay an invoice on time;
iii. you become bankrupt, insolvent or a receiver, manager or liquidator is appointed;
iv. you or a Registered User's use of a Suncoast Hosting's service interferes with the proper operation of Suncoast Hosting;
v. you breach this Agreement;
vi. Suncoast Hosting believes (whether this belief is reasonable or not) you or a Registered User have performed or are attempting to perform a Prohibited Act;
vii. Suncoast Hosting believes (whether this belief is reasonable or not) that your website infringes or may infringe another's intellectual property rights, is defamatory, or may involve Suncoast Hosting in a legal dispute;
viii. You bring legal action against Suncoast Hosting;
ix. Your level of use of a Suncoast Hosting service is significantly greater than normal; or
x. required to do so by law or a court order.
9.3 Suncoast Hosting may temporarily suspend a Suncoast Hosting service if necessary to allow Suncoast Hosting to perform maintenance of Suncoast Hosting's hardware or software.
9.4 Before suspending a service Suncoast Hosting will attempt to give you prior notice of the suspension and will attempt to minimise inconvenience to you.
10.1 Suncoast Hosting and its respective suppliers retain ownership of all software and data provided by Suncoast Hosting to you, including all intellectual property rights therein.
10.2 Suncoast Hosting has no ownership rights in your website.
10.3 You warrant that your website does not and will not infringe the intellectual property rights of any other person.
10.4 Without limiting clause 13.1, you indemnify, will defend and hold Suncoast Hosting harmless from any claim, action, loss, damage, expense, or cost (including all legal costs and fees) arising out of or resulting from any claimed or actual intellectual property infringement by you or relating to your website.
11 ADDRESSES AND DOMAIN NAMES
11.1 Each Suncoast Hosting e-mail address or Suncoast Hosting web address (sub-domain) allocated by Suncoast Hosting to you or selected by you remains the property of Suncoast Hosting.
11.2 You obtain no ownership rights or goodwill in any Suncoast Hosting e-mail address or Suncoast Hosting web address (sub-domain) allocated by Suncoast Hosting to you.
11.3 Suncoast Hosting may require a you to change a Suncoast Hosting's e-mail or web address selected by you.
11.4 Subject to technical limitations, use of a Suncoast Hosting e-mail address may be transferred to another client on receipt of your written consent.
12 LIMITATION OF LIABILITY
12.1 This clause limits Suncoast Hosting's liability in relation to this Agreement. Please read it carefully.
12.2 To the maximum extent permitted by law, and at Suncoast Hosting's option, you agree to limit Suncoast Hosting's liability as the service provider to you and under this Agreement to you limited liability:
i. resupplying the service; or
ii. paying for the resupply of the service.
12.3 To the maximum extent permitted by law, Suncoast Hosting is not liable to you or any Registered User:
i. for any act or omission which Suncoast Hosting does or fails to do in relation to this Agreement; and
ii. for any loss or damage, whether direct or indirect or consequential, including time, money, good will, lost profits, damage to or loss of data, or damage to hardware or software, which may arise from the use, operation, maintenance or failed use of a Suncoast Hosting's service or which may arise from delays, defects, errors, omissions or interruptions in a Suncoast Hosting service.
12.4 Suncoast Hosting does not warrant the quality, accuracy or fitness for any particular purpose of a Suncoast Hosting service.
12.5 Due to technology, Suncoast Hosting does not warrant that your website will be accessible at all times or that any Suncoast Hosting service will be uninterrupted or error free.
12.6 You are responsible for:-
i. obtaining, installing and operating the hardware and software to use and access Suncoast Hosting's services.
ii. the creation and modification of your website.
iii. all approvals, consents and permissions necessary in relation to your website.
12.7 You acknowledge that Suncoast Hosting services are provided in part using third party services and products.
12.8 You acknowledge that by Suncoast Hosting's use of such third party services or products, if the service is restricted or interrupted, then the interruption may effect the provision of the Suncoast Hosting's services to you.
12.9 Suncoast Hosting's is not liable to you for any service interruptions cause by third party service or product providers.
12.10 Suncoast Hosting does not own or control the Internet and is not responsible for Internet problems, faults or delays.
13.1 You indemnify, and forever hold Suncoast Hosting harmless from any claim, action, loss, damage, expense, or cost (including all legal costs and fees) arising out of or resulting from:
i. any action of, representation made by, or conduct of you and your Registered Users;
ii. the storage, transmission, display, operation, failed operation or publication of your website, including the content and information provided on your website;
iii. any breach of this Agreement by you;
iv. any Prohibited Acts by you or your Registered Users; or
v. access to or use of a Suncoast Hosting's service by you or your Registered Users.
vi. in the event of disaster recovery where restoring data from backups is not possible.
14.1 The current version of this Agreement and associated Price Lists are available on-line at our hosting home page
14.2.1 Suncoast Hosting may vary the terms of this Agreement by written notice to you.
14.3 If you object to the change in terms, you must notify Suncoast Hosting in writing within 7 days of the change in terms, and cease using all services provided under this Agreement.
14.3 If Suncoast Hosting changes the Price List for any Web Hosting service not used by you or if the change will not effect you, Suncoast Hosting may not notify you.
15.1 Written notice may be given by Suncoast Hosting to you by:
i. mail to your address recorded on the Agreement Form;
ii. by email to your email address recorded on the Agreement Form; or
iii. by fax to your fax number recorded on the Agreement Form;
iv. by publishing changes on a website owned by Suncoast Hosting.
15.2 You may must report any change to your address, email or fax number by providing written notice to Suncoast Hosting within 7 days of any change.
16 TAXES AND GST
16.1 You must pay any GST payable on the supply of Suncoast Hosting services.
16.2 You must pay to Suncoast Hosting any additional amount which Suncoast Hosting determines represents any GST payable by Suncoast Hosting for which Suncoast Hosting is not entitled to an input tax credit.
16.2 "GST" means any goods and services tax or any similar tax which may be imposed in Australia and have application to the supply of Suncoast Hosting services
16.3 If GST is payable, it will be calculated by multiplying the amount payable for this supply by the prevailing GST rate.
16.4 All of Suncoast Hosting plan prices referred to on the Price List and on our invoices are marked GST inclusive where required.
17.1 Suncoast Hosting is not liable for any failure to comply with this Agreement if that failure is caused by an act beyond Suncoast Hosting's reasonable control.
17.2 You may not transfer or assign this Agreement or any service provided under this Agreement without Suncoast Hosting's prior written consent
17.3 Suncoast Hosting may assign this Agreement to a third party without your consent.
17.3 The cancellation or suspension of the Web Hosting packages does not effect the provisions of this Agreement regarding limitation of liability and indemnity.
17.4 You may not set-off any claim against amounts payable to Suncoast Hosting.
17.5 Suncoast Hosting may, but is under no obligation to, monitor your website (including non-public sections) to ensure compliance with this Agreement and for any other reason considered appropriate by Suncoast Hosting.
17.6 You expressly permits and authorizes Suncoast Hosting to furnish to you electronically or by any other means selected, information prepared by Suncoast Hosting or by (or on behalf of) other entities, including advertising information and solicitations.
17.7 No terms are implied into this Agreement. The only warranties and representations made by Suncoast Hosting are those set out in this Agreement.
17.8 Suncoast Hosting is willing to enter into this Agreement only if you accept all the terms of this Agreement.
17.9 If there is an express inconsistency between this document and a Schedule or Price List, then the Schedule or Price List will prevail.
17.10 Money back guarantee does not cover dedicated servers, dedicated hosting, cloud hosting or VPS hosting services. Guarantee also does not cover accounts that are not in good standing.
18.1 Some of the terms used in this Agreement are defined in the Agreement Form at the front of this Agreement. The following additional terms are defined:
ii. "Your website" is the website hosted by Suncoast Hosting pursuant to this Agreement, and includes all data and programs stored by you on Suncoast Hosting's computer system.
iii. "Suncoast Hosting service" is a service provided by Suncoast Hosting to you in accordance with this Agreement.
iv. "Price List" is the current price list or lists published by Suncoast Hosting on its website for the services provided by Suncoast Hosting.
v. "Registered User" is a person nominated in accordance with clause 9.1.
vi. Suncoast Hosting is a division of Suncoast Group Pty Ltd ABN: 87 113 573 096
vii. Any legal action is to be lodged with the respective organisations, whether it be Office of Fair Trading or the Maroochydore Magistrates Court, in the State of Queensland, Australia.
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Page last updated 19/06/2013.