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Web Hosting Terms & Conditions
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Core Digital Media (Australia) Terms and Conditions as at December, 1st 1998-2000. This agreement represents the complete agreement and understanding between Core Digital Media (Australia) and the account holder and supersedes any other written or oral agreement. Upon notice published on-line via Core Digital Media, Core Digital Media may modify these terms and conditions, amplify them, and/or modify the prices, as well as discontinue or change the services offered.
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If you do not agree to these terms and conditions, please notify our accounting department at (02) 4285 4922, or at PO Box 2, Fairy Meadow, NSW 2519 so we may initiate the closure of your account.
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1
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Term & Definitions
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1.1
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The term "Core Digital Media" refers to Core Digital Media (Australia)(A.R.B.N. V1675136, A.B.N. 83 196 749 716). The "Client" is any person nominated by the Customer who is authorised to use the Account. The "account" means the Customer and the Designated Customers right to use the service.
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1.2
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This agreement commences on the date the application is approved and continues until expiry of the Term, or until earlier termination in accordance with this agreement.
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2
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Service
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2.1
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Core Digital Media will assign the Client a logon name ("VS number") and password which will provide the Client with access to the services agreed to by the Client and Core Digital Media. Core Digital Media will provide the Client with Web and Email Services as per the Web Host service level they have selected and as defined in http://www.core.com.au/webhosting/features.htm.
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2.2
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Core Digital Media will advise the Client of correct operational procedures via the support web pages located on the Core Digital Media website http://www.core.com.au/support/default.htm.
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2.3
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The Client must pay to Core Digital Media the Hosting Fee and Setup Fee in advance. The Hosting Fee is exclusive of any government taxes or charges and exclusive of any registration or delegation charges imposed by domain name authorities.
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2.4
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Scheduled Maintenance - Core Digital Media must perform scheduled maintenance to servers from time to time. Core Digital Media will attempt to perform all scheduled maintenance at times which will affect the least number of Clients. If scheduled maintenance requires the service to be off-line for more than 30 minutes Core Digital Media will post details of the scheduled maintenance to the Core Digital Media website at least 24 hours before the scheduled maintenance commences.
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2.5
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Unscheduled maintenance may need to be performed due to data corruption or equipment failure. If unscheduled maintenance requires the service to be off-line for more than 30 minutes, Core Digital Media will post details of the event to the Core Digital Media website after the maintenance has been completed.
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2.6
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Archiving of Data - Core Digital Media will archive Client's data onto backup mechanisms on a regular basis for the purposes of disaster recovery. In the event of equipment failure or data corruption, Core Digital Media will restore from the last known good archive. In the event of corruption of all Core Digital Media's archives, or in the event that an old archive is used to restore data, the Client should be prepared to upload their data to their Web Site. This process requires that the Client maintains a recent copy of their data at their premises at all times.
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3
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Warranties and Liabilities
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3.1
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Core Digital Media does not warrant that:
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3.1.1
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the services provided under this agreement will be uninterrupted or error free; or |
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3.1.2
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the services will meet the Client's requirements, other than as expressly set out in this agreement.
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3.2
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Except as expressly provided to the contrary in this agreement, all warranties whether express, implied, statutory or otherwise, relating in any way to the subject matter of this agreement, are excluded. Where any statute implies in this agreement any term, and that statute avoids or prohibits provisions in a contract excluding or modifying the application of or liability under such a term, then the term will be taken to be included in this agreement. However, the liability of Core Digital Media for any breach of the term will, if permitted by that statute be limited, at the option of Core Digital Media, to any one or more of the following:-
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3.2.1
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the supply of the services again; or
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3.2.2
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payment of the cost of having the services supplied again
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3.2.3
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The Client warrants that at the time of entering into this agreement it is not relying on any representation made by Core Digital Media which has not been stated expressly in this agreement, or on any descriptions or specifications contained in any other document, including any catalogues or publicity material produced by Core Digital Media.
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3.2.4
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The Client warrants that it will conduct such tests and computer virus scanning as may be necessary to ensure that data uploaded by it onto or downloaded by it from the Server does not contain any computer virus and will not, in any way, corrupt the data or systems of any person.
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3.2.5
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The Client warrants that it will keep secure any passwords used to upload data to the Server.
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3.2.6
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The Client warrants that all data uploaded onto the Server under this agreement will not expose Core Digital Media to the risk of any claim, legal or administrative action or persecution.
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3.2.7
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Core Digital Media reserves the right (but is under no obligation) to "Remove from Internet Access" any part of the Client Data that, in Core Digital Media's opinion, infringes any of the warranties set out in this agreement.
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3.2.8
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Core Digital Media has no obligation to review or edit content of the Client Data.
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3.2.9
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The Client is solely responsible for dealing with persons who access the Client Data, and must not refer complaints or inquiries in relation to the Client Data to Core Digital Media.
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3.2.10
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If there is any claim against Core Digital Media due to a breach of the Client's warranties, or otherwise attributable to the Client Data, the Client must indemnify and hold Core Digital Media harmless against all liabilities, losses, damages, costs and expenses (including legal fees and expenses) associated with, or arising out of, the claim.
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4
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Termination
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4.1
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Either party may terminate this agreement by 30 days notice in writing (written or fax) to the other party. If the client has paid a Yearly fee and terminates the agreement before the end of the term, then the contract shall revert back to a monthly payment schedule. Core Digital Media will calculate any refund to the Client based on Yearly Fees paid less the monthly payment schedule multiplied by the number of months the contact has operated.
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4.2
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On termination or expiry of this agreement for any reason, Core Digital Media may delete all Client Data from any storage media.
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5
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Miscellaneous
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5.1
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The Client grants to Core Digital Media a license to use and reproduce all Client Data in order to fulfil its obligations under this agreement.
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5.2
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A provision of, or a right created under this agreement, may not be waived except in writing signed by the party granting the waiver, or varied except in writing signed by the parties.
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5.3
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This agreement and the transactions contemplated by this agreement are governed by the law in force in Australia.
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5.4
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The Client may not assign its rights and obligations under this agreement without the prior written consent of Core Digital Media.
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