Terms and Conditions
Where the context admits: "Provider" is Studiocoast (ABN:
60 220 650 380 ). "The Customer" includes the person purchasing the Services or
any party acting on the Customer's instructions. In consideration of the mutual
covenants herein, the parties agree to the following, which shall apply during the
term of this agreement. "Agreement" refers to this agreement as explained.
1. Definitions
"Services" means web hosting, co-location and any other product
or service provided by the Provider to the Customer. "Server" means the server equipment
either operated and owned by the Provider or provided by the Customer.
2. Service
2.1 The Services provided to the Customer and the
Customer's account with the Provider cannot be transferred or used by any other
party except where purchased under a Reseller agreement.
2.2 The Customer may qualify for refund of no more
than the total calculated monthly fee of the Service. Refund levels applicable to
uptime are listed in the Service Level Agreement. The Customer may also qualify
for a refund within the first 14 days of service where such refund is explicitly
offered as a part of the Service.
2.3 Any action that interferes with and/or causes
degradation of Service to other Customers is strictly prohibited.
3. Co-location
3.1 Servers purchased in full by the Customer either
from the Provider or a 3rd party remain the property of the Customer at all times.
3.2 Escorted access to servers will be granted to
the Customer where required.
3.3 The Customer shall pay all fees and charges associated
with the plans subscribed to under this agreement.
3.4 The Customer shall pay all fees and charges for the entire duration of
the agreement as set out in the pricing schedule.
3.5 The Provider shall honour the pricing schedule for the duration of the
agreement.
4. Content
4.1. The Customer shall obtain any
and all necessary consents and clearances to enable it lawfully to make use of any
and all intellectual property rights through the Services, including without limitation,
clearance and/or consents in respect of the proposed domain name.
4.2. All information/data stored on the server by the Customer
remains the property of the Customer, and the Provider in no way is responsible
for or claim ownership of this information/data.
4.3. Where the Provider is hosting the information/data
for the Customer, it will not make this information/data freely available to be
viewed by anyone other than whom the Customer permits; however, regular maintenance
of the Servers may result in authorized staff members accessing this information/data
for administrative purposes.
4.4 All content served or sent through the Service
provided must comply with all applicable Australian laws.
5. Indemnity
The Customer agrees to indemnify the Provider and its employees
against any action arising from the use of services.
5.1. Neither party shall be responsible for delays or failures
in performance resulting from acts beyond its control, such as acts of God, acts
of war, epidemics, civil insurrection, riot, power outages, fire, earthquakes and
other disasters.
5.2. The terms and conditions of this agreement supersede
any previous agreement, or statement of terms and conditions between the Provider
and the Customer.
5.3. By the use of the Service, the Customer accepts the
terms and conditions set forth in this agreement.
6. Termination
6.1 The Provider accepts four forms of payment; Direct
Deposit, Credit Card, PayPal and Cheque. The Provider must agree to any other form
of payment before it can be considered a valid payment method.
6.2 All payment must be received within 14 days of
activation of service, subsequent payments must be received within 7 days of the
allocated billing period. Failure of payment on time will result in instant Service
Suspension and if the payment is not received within a further 14 days the Service
will be terminated.
6.3 The Billing Period begins the day of Service Activation.
6.4 Customer requested termination of service can
be done at any time. Notification can be made using the methods listed on the Provider
Contact page. All outstanding payments must be paid at this time.
6.5 No refunds will be made outside those listed in
section 2.2
7. Limitation of Liability
The Customer agrees that the Provider shall, under no circumstances,
be liable for any damages resulting from loss of profits, arising out of or in connection
with this Agreement. In particular, but not limited to, the Provider will not be
liable for the following:
8.1 The Provider is constantly reviewing its plans
and may make changes to reflect market changes. Customers not under a fixed term
agreement will be given 30 days prior notice.
9. Refusal of service
9.1 The Provider reserves the right to refuse, cancel,
or suspend service at its sole discretion.
9.2 All sub-networks, distributive hosting sites,
and servers of both the Provider and Customer must adhere to this agreement. Please
direct any reports of violations of the above policies to
abuse@studiocoast.com.au
9.3 Failure to follow any term or condition in this
agreement will be grounds for immediate account termination.
10. Law
This Agreement shall be governed by and construed in accordance
with Queensland law, and the Customer hereby submits to the non-exclusive jurisdiction
of the Queensland courts
11. Entire Agreement
These terms and conditions together with any documents expressly
referred to in them, contain the entire Agreement between the Provider and the Customer
and supersede any previous agreements, arrangements, undertakings or proposals,
written or verbal between the Provider and the Customer. No verbal explanation or
verbal information given by any party shall alter the interpretation of these terms
and conditions. In agreeing to these terms and conditions, the Customer has not
relied on any representation other than those expressly stated in these terms and
conditions, and the Customer agrees that the Customer shall have no remedy in respect
of any misrepresentation that has not been made expressly in this Agreement.
Nothing in this agreement limits the Customer's statutory rights as a consumer if
applicable.
Agreement Version 111 - 5 September 2006