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Client Agreement
Home > Usage Policy > Client Agreement

 

 

 

 

 

At HostPlan, we are committed to giving you the best possible service, and, in a framework where you know your rights and our obligations. To ensure that you know exactly where you stand, this agreement sets out the rights, obligations and duties we have to each other.

1.

DEFINITIONS

 

1.1

'agreement' means this customer agreement, the price plan applicable to your service, and the acceptable use rules.

1.2

(a) 'Customer' means the person who or entity that has agreed to purchase HostPlan products
and/or services

(b) for the purpose of bill payment and dealings with HostPlan, but excluding the actual use of the Service, 'Customer' includes your agent, and extends to persons who hold themselves out to HostPlan as having authority to deal with HostPlan on your behalf. (refer 6.8 concerning single usage)

(c) If you are under 18, 'customer' includes the parent or legal guardian who has entered this agreement on your behalf. (refer 2.3 and 2.4 concerning use by minors)

1.3

'charges' mean all charges for Services and products due to HostPlan for use of the Service, and includes all charges incidental to your use or misuse.

1.4

'HostPlan' means WebResource Internet Technology Pty Ltd (A.C.N. 121 361 564) trading as HostPlan and includes its directors, officers, employees and agents.

1.5

'Service' means registration, development and operation of a HostPlan Web site product(s) and/or delegation of domain name on HostPlan's servers with access to the world-wide computer network known as the Internet including information Services, computer resources, disk storage and computer communication resources.

1.6

'Telco charges' mean the charges imposed by your telecommunications provider, e.g. your own home/office phone/data connection bills.

1.7

'you' means the customer.

 

2.

CLIENT AGREEMENT

 

2.1

This agreement (and constituent parts, refer 'agreement') constitutes the full and entire agreement between yourself and HostPlan, and sets out each party's rights, duties and obligations in relation to the supply of Services chosen by you.

2.2

your attention is also drawn to HostPlan's privacy policy.

2.3

If you are younger than 18 years of age at the date of this agreement, a parent or legal guardian must enter into this agreement on your behalf, and by doing so, the adult is responsible for complying with the terms of this agreement.

2.4

In entering this agreement, you warrant that you are either 18 years of age or older, or, a parent or legal guardian who has entered into this agreement on the minor's behalf.

 

3.

GOVERNING LAW

 

3.1

The laws of the State of Queensland and Commonwealth of Australia govern this Agreement and any dispute arising therein, and each party submits to the jurisdiction of the Courts of those jurisdictions.

3.2

Any provision in this agreement that is void, voidable or unenforceable may be severed from the agreement, but the remainder of the agreement will continue unaffected.

 

 

4.

PROVISION OF SERVICE BY HOSTPLAN

 

4.1

HostPlan will provide you with the Service.

4.2

The Service shall generally be available 24 hours a day, seven days a week except for:

(a) Service maintenance times, of which HostPlan shall advise you from time to time;
(b) Supervening events beyond HostPlan's control.

4.3

HostPlan will if required provide you with a Login ID code, unique password and other log-in information to enable you to connect to the Service.

 

5.

YOUR PAYMENT OBLIGATIONS

 

5.1

you must pay:

(a) all charges for the Service as notified to you by HostPlan, and

(b) any applicable taxes on the charges (eg GST),

even if another person incurs the charges using the Service. (refer 6.6 concerning lost, stolen or disclosed log-in information).

5.2

Unless otherwise agreed by HostPlan, you must pay charges where:

(a) your computer is not working;

(b) you do not use the Service;

(c) the Internet is unavailable or the HostPlan network is temporarily down;

(d) you are unable to use the Service for any other reason;

(refer 6.6 concerning lost, stolen or disclosed log-in information).

5.3

HostPlan will notify you of the charges you have incurred by e-mail, or such other means as HostPlan elects.

5.4

Where you have nominated credit card or direct debit payments, to the extent permitted by law you irrevocably authorise HostPlan to:

(a) automatically debit the Charges for your monthly plan against your credit card or debit card;

(b) automatically debit any outstanding Charges against your credit card or debit card at any time, including after termination or suspension of the Internet Hosting Service;

(c) disclose your personal and financial details to a financial institution or credit card issuer in order to verify your details, and determine your ability to pay for the Service.

5.5

If, for any reason, your financial institute fails to honour your payment to HostPlan, you must pay :

(a) the amount owing directly to HostPlan, along with,

(b) any fees or charges imposed by HostPlan for the dishonoured payment;

(c) a reconnection fee if HostPlan suspends your Service;

(d) interest as calculated in 5.7;

HostPlan will notify you of the amount owing, and may also suspend your Service until the payments are made.

5.6

Subject to 5.4, you must pay all charges as invoiced or notified by HostPlan within seven (7) days of the invoice/notification being sent.

5.7

If you fail to make any payments within the required seven (7) days, interest at the rate of 9.5% per annum (or as otherwise set by the Magistrates Court of Queensland as the rate applicable to calculating interest for default judgments) may be charged on the daily balances on all overdue amounts.

5.8

You agree that HostPlan's records are conclusive evidence of the charges and payments in relation to HostPlan's Service to you.

 

6.

YOUR RESPONSIBILITIES AND OBLIGATIONS

 

6.1

You agree to abide by this agreement, including your payment obligations, and HostPlan's acceptable use rules and any other instructions given by HostPlan. By accepting this agreement, you acknowledge that failure to abide by the agreement, as defined, may result in the suspension or termination of your Service.

6.2

You will provide, and meet the expense of, your own telephone line, modem, computer and software as is necessary to access the Service.

6.3

You are responsible for all telco charges incurred by you, even if another person incurs the charges using the Service HostPlan provides to you. You hereby indemnify HostPlan against such telco charges.

6.4

You agree not to:

(a) assign or otherwise transfer this Agreement or your rights pursuant to this agreement;

(b) delegate your obligations under this agreement;

(c) resell the Service, unless specifically authorised by HostPlan, as evidenced by entry into a resellers agreement.

6.5

While HostPlan takes all reasonable steps to protect your information against unauthorised access, alteration, destruction, use or disclosure and against accidental loss, you are responsible for:

(a) the selection and use of security features on your own computer, including but not limited to up-to-date anti-virus, firewall and other security measures;

(b) ensuring you do not disclosure your personal log-in information to any other person;

(c) the safekeeping of your own log-in and password;

(d) backing up your own information.

6.6

Where:

(a) you disclose your log-in information to another person, you are responsible for all charges they incur, unless and until you notify HostPlan that you require new log-information to prevent the other person\'s access;

(b) your log-in information is lost, stolen or otherwise compromised, you will be liable for any charges incurred until you notify HostPlan of the loss (or as the case may be), unless HostPlan decides otherwise;

(c) On receiving notification in terms of either (a) or (b), HostPlan will immediately protect your Service by suspending access via your log-in information, and provide you with new log-in information.

6.7

The use of the Service is at your sole risk and is entirely your responsibility.

6.8

Only you can use the Service, save where an adult or guardian has authorised the use of the Service by a minor. In such a case, the minor is the individual user, but the adult is responsible for ensuring compliance with this agreement. Unless HostPlan gives written authorisation, your Service is for single use only and cannot be used for concurrent, multiple access under any circumstances.

 

7.

HOSTPLAN'S OBLIGATIONS AND LIABILITIES

 

7.1

Consistent with its obligations under its privacy policy, HostPlan may monitor or keep any records that HostPlan deems necessary to provide you with your Service.

7.2

HostPlan may amend the terms in this agreement, including its monthly plan costs, by giving you reasonable notice in writing, e-mail or otherwise. If you:

(a) object to the amended terms, you may terminate your Service in accordance with clause 8(2)(a).

(b) do not terminate your Service, you are deemed to have agreed to the amended terms, which will apply to you from the end of the reasonable notice period.

The reasonable notice period will be specified in the notice to you.

7.3

HostPlan does not warrant that the Service will be uninterrupted or error free, nor does HostPlan make any warranty as to the results obtained from the use of the Service.

7.4

Except for any conditions or warranties on the Service which HostPlan is required to give by law, HostPlan makes no statement, warranty, condition, representation or promise about the quality or suitability of the Service.

By accepting this agreement, you indemnify HostPlan against any costs, expenses, loss or liability directly or indirectly suffered or incurred by HostPlan (including any third party claims) resulting from:

(a) any breach of this agreement by you;

(b) the use or misuse of the Service by you or anyone using your Service

7.5

HostPlan is not responsible for any damage that you or any person using your Service may suffer arising from:

(a) the Service, including but not limited to loss of data, delays non-deliveries, mis-deliveries or Service interruptions whether or not caused by any negligent act or omission on HostPlan's part;

(b) any content accessed through the Service.

7.6

To the extent permissible by law, HostPlan excludes all liability for all and any damages arising out of the supply or use of the Service or inability to use the Service. Where such liability cannot be excluded, HostPlan limits its liability to the reconnection or cost of reconnection of the Service.

7.7

HostPlan does not provide support for software not supplied by HostPlan, including software downloaded from the Internet.

7.8

HostPlan does not and cannot monitor or control the content and information accessed or displayed via the Service and HostPlan is not responsible in any way for any content or information accessed or displayed via the Service. Certain Internet content accessed or displayed via the Service may contain material which you may find inappropriate, offensive, inflammatory or adult in nature. HostPlan does not endorse such materials and disclaims any and all liability for such content.

7.9

HostPlan has the right to review and/or remove your world wide Web pages based on content or usage.

 

8.

SUSPENSION AND TERMINATION

 

8.1

Suspension: HostPlan may suspend your Service if:

(a) you breach any of the terms of this agreement;

(b) you have failed to pay the charges as notified to you by HostPlan within seven (7) days;

(c) your method of payment is dishonoured;

but HostPlan may reconnect your Service if you rectify the relevant breach set out in (a)-(c), subject to you paying a reconnection fee.

(d) HostPlan has reason to investigate your use of the Service as it relates to the acceptable use rules;

(e) HostPlan is required to do so by a law enforcement or regulatory authority;

(f) HostPlan suspects that your Service has been hacked into or accessed by an unauthorised person or that the security of your Service has been comprised in any way.

8.2

Termination: this Agreement shall remain in place unless and until:

(a) it is terminated by either you or HostPlan by giving seven (7) days written notice to the other party; or

(b) the parties mutually agree to replace it with a new agreement;

(c) one party offers a new agreement (containing new term/s) to the other party, and such terms are accepted by the other party in writing;

(d) HostPlan unilaterally terminates the agreement, without notice, in circumstances where:

(i) you have misused, abused or contravened this agreement (including payment obligations) or the acceptable use rules;

(ii) It is in the opinion of HostPlan or any regulatory authority that it is not in the public interest to continue providing the Service to you;

(iii) you are declared bankrupt;

(iv) you, if a corporation, become insolvent, subject to administration, or receivership or cease to carry on business or are subject to anything having a similar effect.

8.3

Suspension or termination of this agreement will not relieve you from your obligation to pay all applicable charges.

8.4

As soon as is practicable after the agreement is suspended or terminated, HostPlan will:

(a) Automatically debit any charges against your credit card or debit card pursuant to 5.4(b) and notify you accordingly; or

(b) notify you of all outstanding charges, which you will pay within seven days.

8.5

Failure to pay the charges within seven days will attract the accrual of interest as set out in 5.7 herein.

8.6

HostPlan reserves its right to take legal action to recover any outstanding charges and you will responsible for the payment of HostPlan's legal fees and costs in pursuing the collection of these sums.

9.

UNAUTHORISED USE

 

9.1

You are responsible for and have to pay for any use of your service, whether you authorise it or not. We recommend you consider taking measures to protect yourself from unauthorised use of your service. If you have a ADSL Cable or Dial-Up service:

(a) if you do not disconnect your service when you leave your premises, you have to pay for any use of the service by later occupants or others; and

(b) any person who uses your service, or allows someone else to use it, after you have vacated your premises, is jointly and individually liable with you for any charges relating to that use.

   
   
   
   
   

 

 

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