Web Hosting Terms & Conditions
Swallow Computer Solutions agrees to provide, and the Client agrees to
receive, access to the Web Hosting and related Services according to the
following Terms and Conditions:
The Client is the person, or legal entity who is applying to receive
Web Hosting Services from Swallow Computer Solutions
The Web Hosting Service is provided on an "AS IS AND AS
AVAILABLE" basis. Swallow Computer Solutions gives no warranty,
express or implied, for the Web Hosting Services provided. More
specifically, Swallow Computer Solutions will not be liable to
compensate the client for any losses due to disruption of services by
Swallow Computer Solutions, its providers or by other causes whatsoever
other than to reimburse the Client for fees paid to Swallow Computer
Solutions for the period of such disruption.
The Client will use the Web Hosting Services in a manner consistent
with any and all applicable laws of the Commonwealth of Australia.
Use of any information obtained by way of Swallow Computer Solutions
is at the Client’s own risk, and Swallow Computer Solutions holds no
liability for such use.
Swallow Computer Solutions is not responsible for any damages arising
from the Client’s use of Swallow Computer Solutions or by the Client’s
inability to use the Web Hosting services for any reason.
While Swallow Computer Solutions shall make every reasonable effort to
protect data stored on Client’s Server(s), Swallow Computer Solutions
is not responsible for Client’s Data, files, or directories residing
on Swallow Computer Solutions’ equipment. The Client is solely
responsible for maintaining data, file, and directory structure backups.
The Client is required to provide Swallow Computer Solutions with
correct and up to date contact details for billing and technical
notification purposes. Swallow Computer Solutions takes no
responsibility for disruption to services due to inability to contact
the customer.
- The Client agrees to pay an initial set up fee and then to pay an Annual Payment at the rates set out and applying from time
to time on the on the Swallow Computer Solutions Web Site at www.swallowsolutions.com.au
or as otherwise agreed and set out in the attached Special Schedule of
Pricing. In addition, setup fees may be charged for additional services
as per prices indicated at www.swallowsolutions.com.au.
- Payment shall be in accordance with the terms on the Swallow Computer
Solutions invoice, which will be forwarded to Client by ordinary surface
mail.
- The Client shall expect to receive an invoice by ordinary surface mail
for renewal of Quarterly or Annual Payment no less than two (2) weeks
prior to the renewal date of the Payment.
- A late charge of $10 will be applied after 7 days from the due date
of any late Annual Payment. If payment is not received by
Swallow Computer Solutions within 10 days of the due date, Swallow
Computer Solutions has the option, in its sole discretion, of
terminating the Client’s Web Hosting Services.
- All moneys quoted are in Australian dollars.
Age
- Client certifies that he or she is at least 18 years of age.
- Swallow Computer Solutions 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 Swallow Computer Solutions’ Web
Site only. Continued usage of Web Hosting Services indicates your
acceptance of the Terms and Conditions in their amended form.
- The Client warrants that it has the right to use the applicable
trademarks of Client, and grants Swallow Computer Solutions the rights
to use such trademarks, if any, in connection with Swallow Computer
Solutions’ promotion of, referencing, cataloguing of, or indexing of
Swallow Computer Solutions’ Web Hosting clients.
- The Client hereby agrees that any material submitted for publication
on Swallow Computer Solutions 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 libellous or harmful.
- The Client is responsible for and must provide all telephone,
computer, hardware and software equipment and services necessary to
access the Web Hosting Services. Swallow Computer Solutions makes no
representations, warranties, or assurances that the Client’s equipment
will be compatible with Swallow Computer Solutions’ Services.
- Users of Internet and electronic forums shall be considerate of the
expectation and sensitivities of others on the network when posting
material for electronic distribution. The network resources may not be
used to impersonate another person or misrepresent authorisation to act
on behalf of others or Swallow Computer Solutions. All messages
transmitted via Swallow Computer Solutions’ service should correctly
identify the sender; users may not alter the attribution of origin in
electronic mail messages or postings. Users must not attempt to
undermine the security or integrity of computing systems or networks and
must not attempt to gain unauthorised access.
- Due to the public nature of the Internet, all information shall be
considered publicly accessible, and important or private information
should be treated carefully. Swallow Computer Solutions is not liable
for protection or privacy of electronic mail or other information
transferred throughout the Internet or any other network Swallow
Computer Solutions or its customers may utilise.
- Use of distribution lists via unsolicited electronic mail or other
electronic mailings is strictly prohibited. Swallow Computer Solutions
reserves the right to deactivate the Client’s Web Hosting account(s)
upon an indication of such activity. The Client hereby agrees to
indemnify and hold harmless Swallow Computer Solutions from any claim
resulting from the Client’s or another person’s use of electronic
mail service(s) on the Clients Web Hosting account(s).
- The Client may cancel the Web Hosting Services upon the conditions
that such notice of cancellation must be made in writing with 30 days
prior notice given and sent to Swallow Computer Solutions. Cancellation
will not take effect until received by Swallow Computer Solutions. The
used pro-rata time portion of Annual Payment that has been
made is not refundable unless such notice of cancellation is received in
the first thirty (30) days. Setup fees are not refundable, unless such
notice of cancellation is received in the first thirty (30) days
- Swallow Computer Solutions reserves the right to suspend Web Hosting
Services without notice for any unpaid or partially paid balances. The
Client shall be responsible for and indemnify Swallow Computer Solutions
for all legal fees and costs incurred for the collection of any unpaid
amounts.
- Spamming (the practice of sending unsolicited, unwelcome mass mailings
to people) 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 it.
- The Client may terminate services within the first thirty (30) days
from activation of the hosting account and receive a full refund.
Terminations after thirty (30) days will receive a refund pro-rata for
the remaining time portion of the Annual Payment. Setup
fees and domain names are not refundable.
Entire Understanding
These Terms and Conditions constitutes the sole agreement between
Swallow Computer Solutions and the Client regarding its Web Hosting
Service. It becomes effective only when signed by both parties. This
agreement shall be governed and construed in accordance with the
applicable laws of the States of Victoria, New South Wales and the
Australian Federal Government but is expressly deemed to have been entered
at Camden in the State of New South Wales and to be primarily governed by
the laws and usages of that State. |
