Policy version 2.8, Updated 31 May 2024.

Engaging with, using services from, or ordering services from us is subject to your consent and approval for our Terms Of Service.

Introduction

Hello and Welcome.

We’re an organisation who believes in providing excellent service to clients on a fair usage basis, where all clients are able to co-exist without undue impact or interference with each other whilst using our services.

Our staff will always endeavour to provide the best possible service, with what we believe to be accurate and reliable communications and/or recommendations based on what we know about your requirements or requests as provided by you.

These Terms Of Service are for the benefit of all customers and allow us to provide a quality experience to our customers, suppliers and the public.

Acceptance of Terms Of Service

By visiting this website and/or using or purchasing goods and/or services from or through this website, you agree to the Terms Of Service set forth herein and all applicable laws. We may revise these Terms Of Service and any product offerings or pricing at anytime, without notice, at our sole discretion, by updating this posting (see our paragraph regarding “Variation of these Terms Of Service”).

Our offer of services is expressly conditioned upon your acceptance of these Terms of Service (“Terms”, “Terms Of Service”, “Terms and Conditions”).

Your use of or access to this website constitutes your Agreement to these Terms, as in effect and subject to change from time to time.

This offer and your acceptance thereof represents an agreement between you and Cloud365 Australia Pty Limited (“Cloud365”, “Us”, “We”), and supersedes any and all other communications, prior, contemporaneous or subsequent, and any course of performance or course of dealing, except as modified by revisions of this posting by Cloud365 Australia Pty Limited or by written agreement by an authorised officer of Your Service Provider (provided, however, that any such revised posting shall take effect prospectively from the date of the posting).

The Terms and the relationship between you and Cloud365 Australia Pty Limited shall be governed by and interpreted in accordance with the law, without reference to its principles of conflicts of law. Cloud365 Australia Pty Limited reserves the right to send notices to its customers of changes to our Privacy Statement or these Terms of Service, or of any material changes affecting your agreement with us.

It is your responsibility to keep us notified of any changes to your e-mail address or contact information to assure that you receive all such notices from Cloud365 Australia Pty Limited. Billing and contact information can be updated via our Customer Support Portal or by contacting our support team using the Tecchnical Support or General Contact Us page at our website.

Please note these Terms of Service are for general use and/or access of our sites, systems and services. They do not include or supersede managed service agreements for customers with tailored hosting services.

Registration

When you register for a service with us, you become a valued customer, receiving information and the ability to use our services to assit with the operation of your business. If you do not accept any of these terms, please do not register or order any services.

By registering with us, you agree to receive a copy of our newsletters, as well as other special offers that may arise from time to time. Should you not wish to receive newsletters or any related such communications, you may unsubscribe by using the subscription settings form on our website.

System maintenance, service interruptions and technical status communications are sent to all customers.

User Data

Pursuant to our Privacy Statement, we may disclose to third parties certain aggregate information contained in your Registration Data or related data, provided that, such information will NOT include personally identifying information, except as specifically authorised by you or in the good faith belief that such action is reasonably necessary to comply with the law, legal process, to enforce the Terms Of Service, or under any of the other circumstances set forth in our Privacy Policy, as may be amended from time to time.

In addition to the above, we do not rent, sell or otherwise pass on customer information or data to third parties for any purpose such as sales, marketing or statistical reporting.

Website Access

We make no guarantee as to the availability of or access to (i) our website, (ii) any customer website or other website, information or material hosted by us, or (iii) the products and/or services available on or through any of the above. We are not responsible for the content of any web page hosted on our infrastructure or traversed via external and / or third party infrastructure.

Whilst we make every effort to ensure content is accurate and appropriate for the given context within our own website pages, some pages and/or content may be subject to change without notice.

Client Website Content

All services provided by us are for lawful purposes only.
We reserve the right to disable any scripts or other technology used by a client which has or could have a negative impact on the performance of our systems, e-mail capabilities and/or hosting environment.

Transmission or solicitation of any material that violates any laws that may apply in this jurisdiction or your local area is prohibited. This may include material that is obscene, threatening, harassing or libelous, or is in any way a violation of intellectual property laws. No material may be published on web pages hosted by us that would commonly be considered “indecent” or “appealing to the prurient interest” also commonly referred to as “adult” or “explicit” material, nor will any links to such web sites be tolerated within the web pages hosted by our infrastructure.

Examples of prohibited content or links include (but are not limited to) IRC software, pirated software, hacking programs or archives, warez sites, distribution of music files or any other material in which the account holder does not own the copyright, adult sites, game servers (dedicated game server programs).

Where a client has a current and valid managed service agreement in place, we will provide an urgent advisory to the client and an opportunity to update or remove any offending content. In the event the content published is not lawful, we will remove or block public access to the content without prior notice, whilst also providing an advisory to the client.

Where a client does not hold a current and valid managed service agreement, we will remove the offending content without prior notice whilst also providing an advisory to the client.

An advisory can be transmitted in writing (via email or letter) and/or via spoken word (via telephone or video call/conference). We will endeavour to provide both written and spoken advisory notifications.

Housing of any of the following files is considered a violation of our Terms Of Service:

(a) IRC – We do not allow IRC, Egg Drops, BNC, or IRC bots to be operated on our servers or network. Files with references to IRC or any likeness thereof are prohibited. Also any program that acts like an IRC server or that provide chat functions that run as background processes are not allowed.

(b) Proxies – We do not allow proxy servers of any kind, whether for personal or business use. Files with references to any proxy or likeness thereof are prohibited.

(c) PortScanning – We do not allow any kind of portscanning to be done on or from our servers or network.

Use of Email for Commercial Advertising or Bulk Messaging

Spamming, (the sending of unsolicited email, “dead-end” target, sales or annoyance related material without permission from the recipient) from any Cloud365 Australia Pty Limited server or any server located within Cloud365 Australia Pty Limited infrastructure is STRICTLY prohibited. Cloud365 Australia Pty Limited will be the sole arbiter as to what constitutes a violation of this provision. This also includes opt-in opt-out mail programs and mail that either directly or indirectly references a domain contained within an account hosted and / or owned by us.

Running Unconfirmed Mailing Lists, (subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner) is prohibited. All mailing lists must be Closed-loop (“Confirmed Opt-in”). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing lists of email addresses from 3rd parties for mailing to or from any domain hosted by us, or referencing any customer account, is prohibited.

Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this Terms or the Terms of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to send Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing, denial of service attacks is prohibited.

Email address cultivating, harvesting, or any unauthorised collecting of email addresses without prior notification of the email address owner is strictly prohibited.

Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org is prohibited.

Background Running Programs – We ask that users request permission before enabling persistent background processes of substantial load.

PHP Shell – PHP Shells or any likeness thereof are prohibited. Files with any reference to PHP Shells or likeness thereof are prohibited.

Server Abuse

Any attempts to undermine or cause harm to our servers or subscribers is strictly prohibited including, but not limited to:
(a) Logging into a server or account that you are not authorized to access,
(b) Accessing data or taking any action to obtain services not intended for you or your use,
(c) Attempting to probe, scan or test the vulnerability of any system, subsystem or network,
(d) Tampering, hacking, modifying, or otherwise corrupting or breaching security or authentication measures without proper authorization,
(e) Transmitting material that contains viruses, trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines with the intent or effect of damaging, destroying, disrupting or otherwise impairing a computer’s functionality or the operation of the system,
(f) Interfering with, intercepting or expropriating any system, data or information,
(g) Interfering with service to any user, host or network including, without limitation, by means ofoverloading, “flooding,” “mailbombing,” or “crashing” any computer system.

Vulnerability, load and other system tests conducted by Cloud365 and/or via prior agreement with Cloud365 are excluded from the above conditions.

Whilst Cloud365 can assist with administration, management and monitoring of hosted systems and applications, ultimately you are responsible for your applications and software. We always endeavour to assist clients with compromised or impacted systems due to the actions of others such as third parties or unauthorised persons.

In many countries, the legal authorities may penalise, fine or imprison service account holders for infringement of internet based laws.

We recommend engagement of a suitable business technology lawyer to ensure your online services are not in breach of any relevant laws which may be applicable to your website, email and/or service offering.

Some content and services offered on or through us are provided by third parties, usually known as “Resellers” or “Affiliates”, under contract with our organisation. When you access such content or purchase such goods via a third party, you are contracting with an affiliate and not with us. We make reasonable commercial efforts to assure that its affiliates are reputable but cannot guarantee the content, goods and/or services that they provide.

Resellers and affilliates are bound by similar Terms Of Service, however we recommend inspection of the Terms Of Service (or Terms and Conditions) provided to you via the organisation engaged to provide the relevant services.

Denial Of Service and Distributed Denial of Service attacks

In the event your service is affected by Denial of Service (DOS) or Distributed Denial of Service (DDoS) attack, we will attempt to resolve any such issue with you in the first instance, however the intervention or resolution of any such issue may require temporary or permanent suspension of related services provided by us.

Where your service, website, application, email or other code is the cause of a DOS or DDOS attack, we will attempt to resolve any such issue with you in the first instance, however the intervention or resolution of any such issue may require temporary or permanent suspension of related services provided by or through us.

Network, server and application DOS and/or DDoS attacks often result in excessive data consumption as a means to disable or cripple an online presence. We will make every effort to avoid and/or reduce any additional costs arising from such an event, however any charges incurred by us due to assisting with and/or absorbing DOS and/or DDoS attack related events will be passed onto the client.

Where a DOS or DDoS event contributes to the closure of a client website, email, application or related business entity, we will not be held responsible for such an event. On request, we may be available to assist with diagnosis, troubleshooting or other technical support requests related to a DOS and/or DDoS event, with costs for this service to be met by the requesting client.

Upgrade

You can upgrade your hosting plan(s) anytime.If you are upgrading your hosting package first 2 weeks after your last payment; customer will pay the difference of the next package and will have a new subscription at next payment date for the last package. If you upgrade your hosting package after 2 weeks of your last payment; customer must pay new package price and start to using it with new date.

Domain Names

If a client chooses to register a domain name(s) through us, the client acknowledges and agrees that will pay a registration fee(s) to register the domain name(s) with the applicable domain name registrar. We do not offer refunds for domain name registrations and/or transfers and/or renewals for any reason; this includes but is not limited to misspelling of the domain name, non-use and/or misuse. In the event a domain name is legally disabled of transferred, the associated domain charges for registration, renewal and transfer will be payable by the client. This includes any legal or court determined fees.

Managed Domain Name Service

Managed Domain services provide automatic domain name renewal without prior notice, as agreed on first domain name registration or renewal under this service program. Check your domain name registration or renewal invoice and license documentation to confirm your domain name renewal service offering. The term “Managed Domain Name Service”, “Managed Domain Name Renewal” and “Automatic Domain Name Renewal” consistute our Managed Domain Name service offering, where domain names are renewed automatically with charges for this service payable by the client as per our invoice provided. In the event you no longer require a Managed Domain Name Service, please notify us prior to next domain name renewal event via the Contact Us page on our website.

One of the goals for our Managed Domain Name Service is to protect the applicable domain name(s) from interference via other parties, renewal agents, domain squatters and unsolicited communications via the publicly posted domain name contact address. For this reason, any unauthorised attempt (domain transfer request, domain delegation request, domain name ownership change request) to modify the domain name will be blocked, with notification of such events communicated to the domain name registrant or owner.

Continued attempts to modify a Managed Domain Name without notification to us from the domain name registrant or owner will incur a support service charge to cover the costs of domain name administration where required.

Dedicated IP Address(es)

We will maintain and control ownership of all Internet protocol (“IP”) numbers and addresses that may be assigned to you during the course of hosting service. We may, in our sole discretion, change or remove any and all IP numbers and addresses.

SSL Certificates

If Client chooses to purchase an SSL Certificate through us, you acknowledge and agree that you will pay the associated fee(s) to purchase the digital certificate with the applicable digital certificate provider. We do not offer refunds for SSL certificate purchases and/or renewals for any reason; this includes but is not limited to non-use and/or misuse.

Network Uptime

Network Uptime is the total time in a calendar month that Cloud365 Australia Pty Limited infrastructure is available through the internet.

We take responsibility for Network availability seriously, however, we cannot be held liable for upstream or external issues, outside of our network. Our guarantee is that our network will be available to clients free of network outages that render 100% packet loss, 99.9% of each calendar month. In the event of downtime, at the client’s request, we will reduce the client’s monthly hosting charge for accounts not in arrears or default.

If the total downtime in a calendar month is more than forty-three minutes and twelve seconds (43:12), but does not exceed eighty-six minutes and twenty-four seconds (86:24), the service charge for that month shall be reduced by twenty percent (20%) of the original invoiced amount for the specific hosting service.

If the total downtime in a calendar month is more than eighty-six minutes and twentry four seconds (86:24) but does not exceed one hundred and twenty-nine minutes (129:36), the service charge for that month shall be reduced forty percent (40%) of the original invoiced amount for the specific hosting service.

If the total downtime in a calendar month is more than one hundred and twenty-nine minutes and thirty seconds (129:36), the service charge for that month will be reduced by fifty percent (50%) of the original invoiced amount for the specific hosting service.

Network Outages or Unscheduled Downtime is any unplanned or unscheduled interruption in Service availability during which a client is unable to access their services hosted by Cloud365.

A Network Outage is defined as a period in which 100% packet loss to our network is experienced, which is determined to have been caused by a problem in our network as confirmed by us. Downtime or outages are measured as the total length of time of the unplanned interruption in service availability in a calendar month.

Scheduled Downtime is any scheduled interruption of services, for the purpose of network upgrades, or replacement of any equipment in order to provide for you better service.

Scheduled downtime occurs during notified downtime periods, with as much advance warning as possible with a minimum of 12-24 hours notice.

This service guarantee does not apply to Distributed Denial Of Service (DDoS) attacks, failover networks or infrastructure where client applications are operating in redundant or failover mode.

Platform Compatibility

We strive to maintain compatibility with a wide range of browsers, operating systems and individual user settings, but we cannot warranty that all of our services, tools and pages will perform optimally with every configuration.

We are not responsible for issues and errors experienced whilst using Microsoft, Linux or other vendor Operating Systems, Applications and Packages whilst browsing or using web services on our server infrastructure or networks.

Spam Policy

Sending unsolicited commercial or bulk e-mail or any other method of distributing electronic messages to recipients who have not requested them, otherwise known as “spam” from our servers, or sending such e-mail with a hosted web site listed as the contact address, or any use of our services or systems associated in any way with such mailings is strictly forbidden. We will terminate, without any warning, the account of any customer who conducts these activities. We reserve the right to remove customers who send mass/spam news postings, as well as any accounts advertising or distributing software or services that may contribute to news or e-mail spamming.

We reserve the right to report such violations to the proper government authorities, as well as Internet service providers, and Internet control organizations, including, but not limited to, UUNet and Navisite. To report spam, please forward the spam with all original headers to our Technical Support team via the Technical Support button or Contact Us page on our website. We prohibit all scripts that automatically update a links listing and are submitted to by automated programs, either by design or by use. Use of these scripts is grounds for termination of your em3 People and Technology account without any prior notice.

It is a violation of these Terms Of Service for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, and/or electronic checks. A determination of such misuse or fraudulent use shall be at our sole discretion. Further, we shall report, and you shall waive all rights to privacy, to the extent permitted by law, all such misuses and fraudulent uses as determined by us in our sole discretion to appropriate government authorities, credit reporting services, financial institutions and credit card companies.

It is a violation of these Terms for you to attempt to breach or to breach the security or firewall systems of our infrastructure, its internet access provider, or its Affiliates. If you become aware of such an attempt to breach or actual breach, please notify us. Complaints may be investigated by us, but we are under no obligation to act or not act with regards to any complaint.

Any action taken on a complaint will be at our sole discretion. Notice of attempts to breach or actual breaches of such security or firewall systems should be directed to our Technical Support team.

Notices of such problems should contain the following information:
(a) Identification of the security or firewall system that complainant believes was breached or on which a breach was attempted.
(b) Identification of the individual or entity who has attempted to or actually committed the breach.
(c) Identification and description of the nature of the attempted or actual breach.
(d) The address, telephone number, or e-mail address of the complaining party.
(e) A statement, made under oath via affadavit, that the information in the notification is accurate.

We, and our affiliates, shall not have any obligation to refund payments made by customers terminated for violating these Terms.

We reserve the right to terminate in our sole discretion any website because of the traffic or bandwidth requirement of such website exceeds the limitations for Bandwidth usage set forth below or in the event such website’s usage creates other operational or technological problems.

Damage to Equipment

In the event damage is sustained to infrastructure owned by us, the client agrees to reimburse all reasonable related costs associated with the repair and restoration of equipment required to provide services. In addition, where a client’s equipment has been removed and such removal has resulted in damage to other non-client infrastructure, you agree to reimburse all reasonable related costs associated with the repair and restoration of such infrastructure.

Where a client provides its own infrastructure, appliances or equipment (ie: broadcast audio processor or custom technology appliance) and an event occurs which causes damage to Cloud365 infrastructure, the client agrees to reimburse all reasonable related costs associated with the repair and restoration of equipment required to provide services.

In addition, where a client’s equipment has been removed and such removal has resulted in damage to other non-client infrastructure, the client agrees to reimburse all reasonable related costs associated with the repair and restoration of such infrastructure.

Any client supplied infrastructure, appliances or equipment will be accompanied with applicable insurance policies. These policies are determined and jointly agreed between Cloud365 and the client at time of commissioning or deployment of any client supplied equipment.

Backup Files and Restore

All backup and restoration services are provided for the purpose of disaster recovery procedure (DRP) in the event of catastrophic failure within our systems. Whilst we may provide a backup service, it is the sole responsibility of the client to maintain backups.

We are not responsible for lost data or for lost data due to third party software that is not authored and / or maintained by our staff. (cPanel, Microsoft, MySQL, Oracle, Linux and Sun Microsystems are products owned and maintained by external parties).

We are not responsible for the restoration of data to server(s). We strongly recommend that you keep copies of your data off-site with you for emergency purposes. If hardware failure and data loss occurs, the client or client agent/vendor or other client agreed provider will be responsible for data restoration. We are not liable for loss of data under any circumstance.

Limits on Bandwidth Usage

Data transfer is limited to a monthly maximum dictated by your level of plan and additional purchases. In the event that you exceed your bandwidth limitation, you may be contacted by support and given an opportunity to expand your bandwidth limitation.

In the event that you fail to respond to such contact and we determine that you have exceeded such usage during any given month, we reserve the right to suspend visitor access to the account until the next calendar month OR upgrade your plan to the next higher plan level that is sufficient to satisfy your Bandwidth usage during the month in which you exceeded such limit. Thereafter, your monthly plan fee would be revised accordingly to the posted monthly for such plan level. Your failure to pay any required fees or charges may result in termination of your service(s) with us.

Payment Policy

Payments are made by credit card and will show as a deduction on your account from us with the applicable related service(s).
Where payments are made by other terms, prior arrangement with management is required.

You have 30 days to dispute any charge or payment processed by us.
If you have a question concerning a charge you believe is incorrect, please make contact via our accounts department.

We reserve the right to suspend an account and its website, application service, email or other provided service, if, for any reason, payment is not received by the due date. In the event an account becomes overdue, we may, at our sole discretion, suspend or terminate any and/or all services provided. If services are suspended or provided on a reduced access basis, we will attempt to advise you via either telephone, email, fax or written letter communication.

Where accounts remain overdue for a period of more than 45 days, we may instruct it’s debt recovery agent to act on it’s behalf to recover any outstanding charges, fees and interest applicable to the service provided. Engagement of a debt recovery agent will incur additional charges which will also be payable by the relevant account holder.

In the event a customer service is suspended, cancelled or terminated, we will have no obligation to provide any service to the suspended, cancelled or terminated account. We will retain any relevant customer data for a period of 30 days past the date of service or account suspension.

If a customer service is suspended due to legal infringement or alleged legal issue, we may, retain and present the relevant data, databases, website and email information to relevant authorities on request or demand from any such legal organisation or authority.

Third Party Supplier Payment

We may obtain services from third party organisations such as equipment and software vendors or telecommunications organisations. Where we engage third parties at a client’s written request to provide a specialist or non-standard service, the terms for this service will be jointly agreed prior to commencement including payment terms and any conditions such as fees and charges.

Refund and Cancellation Policy

You are free to cancel your service or plan with us at any time, by providing written notice one (1) month in advance. In the event your service is provided with a contracted term (under contract) the remaining payments and / or any associated termination fees and charges will become payable. All payments to us are non-refundable. This includes any one time fees, setup fees, monthly fees, annual fees and bi-annual fees regardless of usage.

In the event we provision, setup or configure a service for you, then you choose not to proceed with that service, we may at our sole discretion not charge for the provisioned service, however associated setup and / or deployment charges remain payable by you. This is to cover our administrative and technical staff effort required to provide a service to you.

If you purchase a plan that includes a 30 day money back guarantee, the 30 day money back guarantee covers cancellation of an account during the first 30 days of service, due to our inability to deliver satisfactory service. The customer will be refunded all hosting charges made to their credit card less any setup fees which are non-refundable. Refunds will not be given for any reason in the case of account non-use, misuse or abuse.

Refunds will not be given on domain name registration fees, additional items or services; this includes but is not limited to ssl certificates, dedicated ip addresses, “Unlimited Account Features”, “Host Multiple Domains”.
All enquiries regarding this guarantee should be directed to our accounts team.

Accounts terminated for violating our Terms of Service do not qualify for our 30 day money back guarantee. For example, if your account is cancelled due to spamming, you will not be given any refund.

Termination on Default

We may, at it’s sole discretion, cancel or terminate any service provided where payment has not been received 30 days past the due date. Where a service has been cancel or terminated under this condition, both legal and financial obligations to the client will survive any agreement with us. Payment for terminated services will remain due and may, at our sole discretion, be pursued via debt recovery agent. Engagement of a debt recovery agent will incur additional charges which will also be payable by the relevant account holder.

Refusal of Service

We may refuse service to a client. Where service has been refused to an existing client, a reason will be provided for refusal of requested service.
We may, at our sole discretion, refuse service if:
(a) you have an overdue account;
(b) your account and / or agreement is suspended, cancelled or terminated;
(c) you mis-use services or fail to comply with client obligations or any reasonable request from us;
(d) you are subject to legal action, such as recovery or court proceedings, from us and / or our affillate(s).

Removal of Applications and Data

On termination of services, we will automatically remove and delete any applications, databases or hosting related information. This is by way of normal process and is an automated function of our software and infrastructure. For this reason, it is important you maintain backups of applications, databases, websites and email. Refer to your hosting services welcome pack for further information regarding obtaining access to your hosted information for backup or retreival.

Reporting a Violation of Terms of Service

If you witness a violation of these Terms, please notify us. Complaints may be investigated by us but we are under no obligation to act or not act with regards to any complaint. Any action taken will be at our sole discretion. Notice of violations of these Terms should be directed to our Technical Support team who can be contacted via the Technical Support button or Contact Us pages on our website.

Notices of such problems should contain the following information:
(a) Identification of the individual or entity which complainant believes has violated these Terms Of Services;
(b) Identification and description of the nature of the violation;
(c) The address, telephone number, or e-mail address of the complaining party;
(d) A statement, under penalty of perjury, that the information in the notification is accurate.

Intellectual Property Infringement

It is our policy to protect the intellectual property rights of others and to act expeditiously upon notice of claimed infringement, to investigate and to take appropriate actions. Cloud365 Australia Pty Limited will terminate all customers and users who are repeat infringers of intellectual property laws.

It is also our policy to protect our own intellectual property rights. Any infringement of our intellectual property rights will result in immediate account suspension and / or temination. We will permit fair use of its trademarks. Any questions about what constitutes fair use versus infringement should be directed to our Customer Support or Technical Support teams via website contact.

Copyright Infringement

Upon receipt of notices complying or substantially complying with the Digital Millennium Copyright Act, we will act expeditiously to remove or disable access to any material claimed to be a copyright infringement. Notices of copyright infringement should be directed to our Technical Support team.

Notices of copyright infringement should contain the following information:
(a) A physical or electronic signature of a person authorized to act on behalf of the copyright owner that is allegedly infringed;
(b) Identification of the copyrighted work claimed to have been infringed;
(c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity;
(d) The address, telephone number, or e-mail address of the complaining party;
(e) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

A statement, under penalty of perjury, that the information in the notification is accurate, and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

When we remove or disable access to any material claimed to be a copyright infringement, we may attempt to contact the user or customer who has posted such material in order to give that user or customer an opportunity to respond to the notification, although we make no promise to do so. Any and all counter notifications submitted by the user or customer will be furnished to the complaining party. We will give the complaining party an opportunity to seek judicial relief in accordance with the relevant laws and regulations, however we will not be responsible for the offending article, document or electronic communication.

Customer Responsibility

You are ultimately responsible for your IT Systems and infrastructure. Where services are provided by us, we will endeavour to provide a quality and professional experience based on our capability and technology resources. It is important that you understand the implications of any recommendations, opinions or professional advice provided by us as we cannot accept responsbility for circumstances for which we have limited or no control.
If in doubt, please discuss prior to acceptance or purchase of equipment and/or services from us.

Our Duty Of Care

Our staff will always endeavour to provide assistance wherever possible to meet your business outcome. From time to time we are required by vendors and suppliers to honor agreements, terms, warranties or conditions associated with the sale or provisioning of products and services. We will work with clients within these guidelines to achieve the best desirable result that is most amicable within our terms of engagement between you and any supplier.

Telephony and Recording

Calls to our offices are recorded. The primary objective of recording telephone communications is for service quality improvement and coaching of our staff. We may utilise recorded telephone content to assist with issue or dispute resolution. Wherever we reproduce recorded telephony, we will always do so on fair and lawful terms.

LIABILITY LIMITATION

YOU AGREE THAT ALL ACCESS AND USE OF OUR AND THE CONTENT THEREOF IS AT YOUR OWN RISK. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE OR INABILITY TO ACCESS OR USE (i) OUR WEBSITE AND IT’S CONTENT, (ii) ANY TOOLS OR SERVICES ON OUR WEBSITES, (iii) ANY CUSTOMER WEBSITE OR ANY CONTENT ON SUCH WEBSITES, OR OUT OF ANY ERRORS OR OMISSIONS IN THE CONTENT THEREOF. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS WEB SITE, SITE-RELATED SERVICES, PRODUCTS, AND/OR CONTENT CONTAINED WITHIN THE WEB SITE, OR WITH THE EXTENT TO WHICH SUCH WEBSITES ARE “UP” OR ARE AVAILABLE FOR ACCESS BY YOU OR OTHER USERS OF THE INTERNET, IS TO STOP USING OUR SERVICE(S).

WARRANTY LIMITATION

OUR WEBSITES AND THEIR CONTENT ARE PROVIDED “AS IS”, WITH NO WARRANTIES WHATSOEVER. ALL REPRESENTATIONS AND/OR WARRANTIES OF ANY KIND, EITHER EXPRESSED, IMPLIED OR STATUTORY, INCLUDING, WITHOUT PARTICULAR LIMITATION TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. ALL CUSTOMERS ACKNOWLEDGE THAT ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCT AND/OR SERVICE AVAILABLE THROUGH US IS PROVIDED SOLELY BY THE OWNER, ADVERTISER, OR MANUFACTURER OF THAT PRODUCT AND/OR SERVICE, AND NOT BY US.

Variation of these Terms and Services

From time to time, we may update and / or change our General Terms Of Service (this document).
These General Terms Of Service are superseded by Managed Services Agreements where specific terms have been agreed.

For customers without a Managed Services Agreement, please ensure you check our Terms Of Service regularly by visiting our website.

Whenever Terms Of Service are updated, a new revision and published date will be announced within the same page for our Terms Of Service.

Contacting Us

If you have any questions about our Terms Of Service, Privacy Policy or your dealings with us, you can contact us via our website or telephone. View our Contact Us page on this website for further contact information.

Questions or Concerns

If you have any questions about this policy, you can contact us via our website or telephone.