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Web Services

Terms & Conditions

1. Acceptance

By ticking the "I have read and agree to the Get Web Services Terms and Conditions" check box on any online form within the www.GetWebServices.com.au (or affiliate or sub-site) website/s, or alternatively by signing this contract, you are indicating agreement to and acceptance of these Terms and Conditions.

2. Charges

Charges for services provided by Get Web Services are as defined in the Website Hosting Application Form . All Web Development Services are contained in a separate document. Get Web Services reserves the right to change the rates for services with not less than thirty (30) days advance notification to the Customer. All website hosting and domain name registration services require acceptable payment arrangements prior to the commencement of any work by Get Web Services.

3. Website Hosting Services ("Hosting Service")

3.1 We will assign to you a logon name which will provide you with access to your web space on our server via FTP as well as access to your website statistics.

3.2 Scheduled Maintenance - We will perform scheduled maintenance to servers from time to time. Wherever possible we will attempt to perform all scheduled maintenance at times which will minimise disruption to customers.

3.3 Unscheduled maintenance may need to be performed. If unscheduled maintenance requires the Hosting Service to be off-line for more than 2 hours, we will post details of the outage/event to our client services page after the maintenance has been completed.

3.4 Archiving of Data - We will attempt to archive your data onto backup mechanisms on a regular basis for the purposes of disaster recover. In the event of equipment failure or data corruption, we will restore from the last known good archive. If our archives are corrupted or unusable you should be prepared to upload your website and data if required.

3.5 We may from time to time without notice suspend the Service or disconnect or deny your access to the Service:- (a). during any technical failure, modification or maintenance involved in the Service provided that we will use reasonable endeavors to procure the resumption of the Services as soon as reasonably practicable; or (b). if the Customer fails to comply with any agreement (including failure to pay charges due) until the breach (if capable of remedy) is remedied, or does, or allows to be done, anything which in our opinion may have the affect of jeopardising the operation of the Service. Notwithstanding any suspension of any Service under this clause you shall remain liable for all charges due throughout the period of suspension.

4. Domain Name Registration and Delegation

Registration of domain names is performed by Get Web Services on your behalf. We will in no way guarantee that a particular domain name can be registered by you. Domain names are not to be used in any way or advertised until you have received written confirmation of registration. At the time of registration of the domain name the Customer must enter into a Registration Agreement with the appropriate Registrar in accordance with the relevant Global Body rules.

5. Payment

The Customer may elect to pay annually in advance or by credit card direct debit monthly in advance. The Customer may elect to receive either e-mail or hard copy invoices. Invoices are due on receipt. Accounts that remain unpaid thirty (30) days after the date of invoice may be assessed a service charge in the amount of one and one-half percent (1.5%) per month of the total amount due.

6. Default

Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Customer in default maintains any information or files on its web space, Get Web Services may, at its discretion, remove all such material from its Web space. Removal of such material does not relieve the Customer of its obligation to pay any outstanding charges owing by the Customer. Customers with accounts in default agree to pay Get Web Services' reasonable expenses, including solicitor fees and costs for collection by third-party agencies, incurred in enforcing these Terms and Conditions.

7. Termination

Either party may terminate this Agreement by giving thirty (30) days written notice to the other party. E-mail or telephone requests for termination of services will not be honoured. If Get Web Services has secured a Domain Name (i.e. yourcompany.com) for you, the said Domain name will not be released while there is an outstanding balance owing to Get Web Services.

8. Returns on Cheques or Credit Cards

If the bank returns a cheque or fails to honour your credit card;

8.1. There will be a $25.00 insufficient funds charge;

8.2. You will be notified by e-mail that your cheque or your credit card was not accepted;

8.3. Your service will be suspended until the balance and the service charges are received in our office;

8.4. The account will be immediately considered to be in default until full payment is received.

9. Legal Restrictions

Get Web Services' services may be used for lawful purposes only. Submission, transmission, or maintenance of any information or materials in violation of any Queensland or Commonwealth of Australia laws, acts or regulations is prohibited. This includes, but is not limited to, material legally judged to be threatening or obscene.

The Customer must:

9.1 respect the conventions of the newsgroups, lists and networks used;

9.2 respect the legal protection afforded by copyright, trade marks, licence rights and other laws to materials accessible via the Get Web Services service;

9.3 respect the privacy of others;

9.4 use the service in a manner that does not interfere with or disrupt other network users, services or equipment; and

9.5 refrain from acts that waste resources or prevent other users from receiving the full benefit of Get Web Services' services. Get Web Services reserves the right to refuse service to the Customer without providing reason or cause.

10. Indemnity

The Customer agrees to indemnify and hold harmless Get Web Services from any and all claims resulting from:

10.1 the Customer's use of Get Web Services's services which cause damage or loss to the Customer or a third party; and

10.2 a third party illegally obtaining access to the site and causing damage or loss.

11. Disclaimer

Get Web Services makes no warranties of any kind, whether express or implied, for the services it provides. Get Web Services also disclaims any warranty of merchantability or fitness for a particular purpose. Get Web Services will not be responsible for any direct, indirect or consequential damages which may result from the use of its services including loss of data or profit resulting from delays, non-delivery or interruption in service.

12. General

These Terms and Conditions supersede all previous representations, understandings or agreements and shall prevail notwithstanding any variance with terms and conditions of any order submitted. The Customer's submission of the Website Hosting Application form constitutes agreement to and acceptance of these Terms and Conditions.

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