Terms and Conditions
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The following are the terms and conditions for the use of services provided by ASPWebHosting.com.au.
The web hosting packages (further referred as accounts) are offered on paid basis
to individuals who are at least 18 years old or minors with parental permission.
By completing "account sign-up" form and clicking "submit" button you are stating
that you are eligible for an account and that you agree to be bound by all of the
terms and conditions mentioned here
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General
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ASPWebHosting.com.au agrees to provide, and Client agrees to receive, access to
the Web Hosting and related Services according to the following Terms and Conditions:
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- The Client is the person or entity who is applying or who is receiving Web Hosting
Services from Aspwebhosting.com.au.
- The Web Hosting Service is provided on an "AS IS, AS AVAILABLE" basis. ASPWebHosting.com.au
gives no warranty, express or implied, for the Web Hosting Services provided this
no warranty expressly includes any reimbursement for losses of income due to disruption
of services by ASPWebHosting.com.au or its providers beyond the fees paid by client
to ASPWebHosting.com.au for services.
- Use of any information obtained by way of ASPWebHosting.com.au is at Client’s own
risk, and ASPWebHosting.com.au holds no liability for such use.
- ASPWebHosting.com.au is not responsible for any damages arising from Client’s use
of ASPWebHosting.com.au or by Client’s inability to use the Web Hosting services
for any reason.
- While ASPWebHosting.com.au shall make every reasonable effort to protect data stored
on Client’s Server(s), ASPWebHosting.com.au is not responsible for Client’s Data,
files, or directories residing on ASPWebHosting.com.au’s equipment. Client is solely
responsible for maintaining data, file, and directory structure backups.
- The customer is required to provide ASPWebHosting.com.au with correct and up to
date contact details for billing and technical notification purposes. ASPWebHosting.com.au
takes no responsibility for disruption to services due to inability to contact the
customer.
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Payment Obligations
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- All billing and account related queries should be sent by login to http://helpdesk.aspwebhosting.com.au
- All Prices quoted are in AUD.
- Client agrees to paid a once off setup fee based on the current package price if
there is and your hosting package will be automatically renewed on your hosting
expiry date. If you are paying by credit card, then your credit card will be automatically
billed by us on the date your hosting about to expired. Failure to pay the hosting
fees on the expiry date will result on the termination or your account being suspended.
In addition setup fees may be charged for additional services as per prices indicated
at www.aspwebhosting.com.au. If the Client exceeds the transfer limit imposed by
their chosen hosting package, the Client will be charge with additional fee as shown
on our package page.
- Payment can be made by credit card , Electronic Transfer Fund(EFT), PayPal, cheque
and in accordance with the terms on the ASPWebHosting.com.au invoice which will
be forwarded to Client by electronic mail.
- ASPWebHosting.com.au reserves the right, in its sole discretion, to deactivate the
Clients Web Hosting account(s) upon an indication of credit problems including delinquent
payments.
- Payment Related Issue
- ASPWebHosting.com.au accepts Visa, MasterCard . Customers opting to pay by credit
card agree to have payments deducted automatically by ASPWebHosting.com.au's Automated
Billing System. All initial charges such as set-up fee,monthly fee or add-on fee
(based on pro-rata) are billed on the client's hosting expiry date, unless by decision
of the ASPWebHosting.com.au Management only who will deduct requested payable extras
at any time at their own convenience.
- Invoice for the hosting fees and transactions can all be downloaded from control
panel.
- Aspwebhosting.com.au reserves the right to terminate or suspend client's account
if there is an outstanding fees on your hosting account. Failure to resolve the
outstanding fees within specific time frame will result on deletion of your entire
hosting account.
- For monthly payments clients (for certain customers), Please ensure that your credit
card has sufficient balance or it can be billed by us automatically. Failure to
charge your credit cards on 1st of every month will result on your account being
suspended and all websites will be shutdown completely.
- ASPWebHosting.com.au will also deduct any additional costs incurred due to usage
of additional services such as over bandwidth usage, additional services, or custom
name-servers etc on the same or next working day without fail, unless by decision
of the ASPWebHosting.com.au Management only who will deduct requested payable extras
at any time at their own convenience.
- Renewing Prepaid account.
- ASPWebHosting.com.au allows its prepaid clients to see their account details at
all times using their control panel. Prepaid accounts paid by credit cards will
be automatically renewed for the same term (3, 6 or 12 months) at the end of each
prepaid term or when the credit available become "zero". Therefore it is clients'
responsibility to keep their credit card details up to date all the time and if
they do not wish to continue.
- For prepaid accounts paid by checks/cheques and/or electronic transfers, It is clients’
responsibility to arrange the payment before expiry of the hosting service. Prepaid
account paid by the cheque/check or electronic transfer after the expiry of their
prepaid term will be suspended including all web sites and emails. Once the account
is suspended, it may incur a suspension fee and/or late payment fee. All the services
will remain suspended until payment is resolved in full.
- ASPWebHosting.com.au allows its customers to cancel their account whenever required.
To cancel an account please login to
http://helpdesk.aspwebhosting.com.au and create a ticket addressed to billing
department.
- Disputed billing.
In case of billing error or disputed transaction, the client must contact us by
creating a ticket by login to http://helpdesk.aspwebhosting.com.au
for an initial appraisal. If, in any case of billing error or disputed transaction,
bank ‘Charge back’ is initiated, your account including web sites and emails may
be suspended without any notice and all services will remain suspended until the
dispute is resolved. Once the charge back is initiated, you may have to send the
authorization letter along with your photo ID to resolve the issue. Each charge
back initiated will incur $15.00 charge back fee per transaction. Charge backs are
in most cases made fraudulently and will be pursued fully, by parties including
Debt Collection and Legal.
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Changes
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Aspwebhosting.com.au reserves the right to modify these Terms and Conditions in
any way and as required. Notice of such changes will be delivered to users via postings
on ASPWebHosting.com.au’s Web Site and email. Continued usage of Web Hosting Services
indicates your acceptance of the Terms and Conditions in their amended form.
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Trademarks and Copyrights
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Client warrants that it has the right to use the applicable trademarks of Client,
and grants to ASPWebHosting.com.au the rights to use such trademarks, if any, in
connection with ASPWebHosting.com.au’s promotion of, referencing of, cataloging
of, or indexing of ASPWebHosting.com.au’s Web Hosting clients.
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Client hereby agrees that any material submitted for publication on ASPWebHosting.com.au
through Web Hosting Services received by the Client will not violate or infringe
any copyright, trademark, patent, statutory, common law or proprietary rights of
others, or contain anything libelous or harmful.
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Hardware, Equipment, and Software
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Client is responsible for and must provide all telephone, computer, hardware and
software equipment and services necessary to access the Web Hosting Services. ASPWebHosting.com.au
makes no representations, warranties, or assurances that Client’s equipment will
be compatible with ASPWebHosting.com.au’s Services.
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New Domain Hosting Accounts
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New Web Hosting accounts involving new domain name registrations will be set up
and entered into our DNS servers within 12 hours, however, due to the nature of
Domain Name Servers, your domain might not be accessible for a period of up to 48
hours.
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Interruptions of Service
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Due to the nature of the service provided, an interruption could occur for many
reasons beyond ASPWebHosting.com.au's negligence. Damages resulting from any interruption
of service are too difficult to ascertain. ASPWebHosting.com.au shall not be liable
for any damages that arise from such causes. ASPWebHosting.com.au's liability for
its own negligence may not in any event exceed an amount equivalent to charges payable
for your specific hosting plan during the period damages occurred.
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Data Backups
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ASPWebHosting.com.au makes full backups every week, and backups of new and changed
data every night. No guarantees are made of any kind, either expressed or implied
as to the integrity of these backups. Backups are made for server restoration purposes
only. It is your responsibility to maintain local copies of your web content. If
for any reason a loss of data occurs, we will attempt to do our best to recover
such data. We reserve the right to delete user’s files after one or both parties
terminates agreement.
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Limitation of Liability
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In no event shall ASPWebHosting.com.au be liable for damages resulting from loss
of data, profits, or for any incidental, indirect, punitive or consequential damages
in connection with these terms and conditions or in connection with any web hosting
account. In no event ASPWebHosting.com.au cumulative liability exceed an amount
equivalent to charges payable for your specific dedicated hosting plan during the
period damages occurred.
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Please note that domain registration fees, setup fees, bandwidth addon fees, are
not refundable. On account cancellation, any incentives offered to customers when
opening the account will also be cancelled.
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ASPWebHosting.com.au reserves the right to suspend Web Hosting Services without
notice for any unpaid or partially paid balances. The Client is responsible for
any legal fees incurred for the collection of any unpaid amounts.
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Mass unsolicited/unwelcome mailing ("Spamming") is strictly prohibited. Any Client
found to be Spamming will have their Web Hosting Services immediately terminated
and find themselves billed for any unpaid balances as well as for any damages that
occur as a result of their action.
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Satisfaction Guarantee
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Client may terminate services within the first thirty (30) days from activation
of the hosting account and receive a full refund excluding the setup fee. Domain
names are not refundable. Please note that domain registration fees, setup fees,
bandwidth addon fees, are not refundable.
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