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Home arrow FAQ/TERMS
FAQ/TERMS

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Terms & Conditions

WebMetrix Pty Ltd Terms & Conditions
WebMetrix Pty Ltd agrees to provide, and Client agrees to receive, access to the Web Hosting and related Services according to the following Terms and Conditions:

1.0. The Client is the person or entity who is applying or who is receiving Services from WebMetrix Pty Ltd.

1.1. The Service is provided on an "AS IS, AS AVAILABLE" basis. WebMetrix Pty Ltd gives no warranty, express or implied, for the Services provided This no warranty expressly includes any reimbursement for losses of income due to disruption of services by WebMetrix Pty Ltd or its providers beyond the fees paid by client to WebMetrix Pty Ltd for services.

1.2. Client will use the Services in a manner consistent with any and all applicable laws of the State of Queensland and the Australian Federal Government.

1.3. Use of any information obtained by way of WebMetrix Pty Ltd is at Client’s own risk, and WebMetrix Pty Ltd holds no liability for such use.

1.4. WebMetrix Pty Ltd is not responsible for any damages arising from Client’s use of WebMetrix Pty Ltd or by Client’s inability to use the services for any reason.

1.5. While WebMetrix Pty Ltd shall make every reasonable effort to protect data stored on Client’s Server(s), WebMetrix Pty Ltd is not responsible for Client’s Data, files, or directories residing on WebMetrix Pty Ltd equipment. Client is solely responsible for maintaining data, file, and directory structure backups.

1.6. The customer is required to provide WebMetrix Pty Ltd with correct and up to date contact details for billing and technical notification purposes. WebMetrix Pty Ltd takes no responsibility for disruption to services due to inability to contact the customer.


Payment

2.0. Payment can be by cheque, money order or credit card and in accordance with the terms on the WebMetrix Pty Ltd invoice which will be forwarded to Client by postal mail.

2.1. For Client’s that have paid by cheque or money order:

i. Client will receive an invoice by postal mail for renewal of Annual Payment no less than two (2) weeks prior to renewal date of Annual Payment.

ii. 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 WebMetrix Pty Ltd within 10 days of the due date, WebMetrix Pty Ltd has the option of terminating the Client’s Services.

2.2. WebMetrix Pty Ltd reserves the right, in its sole discretion, to deactivate the Clients account(s) upon an indication of credit problems including delinquent payments.

2.3. For Client’s that have paid by credit card:

i. Client will receive an invoice by postal mail for renewal of Annual Payment no less than two (2) weeks prior to renewal date of Annual Payment.

ii. 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 WebMetrix Pty Ltd within 10 days of the due date, WebMetrix Pty Ltd has the option of terminating the Client’s Services.

Change

3.0. WebMetrix Pty Ltd 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 WebMetrix Pty Ltd Web Site only. Continued usage of Services indicates your acceptance of the Terms and Conditions in their amended form.


Trademarks and Copyrights

4.0. Client warrants that it has the right to use the applicable trademarks of Client, and grants to WebMetrix Pty Ltd the rights to use such trademarks, if any, in connection with WebMetrix Pty Ltd promotion of, referencing of, cataloging of, or indexing of WebMetrix Pty Ltd clients.

4.1. Client hereby agrees that any material submitted for publication on WebMetrix Pty Ltd through 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 libelous or harmful.


Hardware, Equipment, and Software

5.0. Client is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access the Services. WebMetrix Pty Ltd makes no representations, warranties, or assurances that Client’s equipment will be compatible with WebMetrix Pty Ltd Services.


Internet Etiquette

6.0. Users of Internet and electronic forums should 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 WebMetrix Pty Ltd. All messages transmitted via WebMetrix Pty Ltd 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.

6.1. Due to the public nature of the Internet, all information should be considered publicly accessible, and important or private information should be treated carefully. WebMetrix Pty Ltd is not liable for protection or privacy of electronic mail or other information transferred throughout the Internet or any other network WebMetrix Pty Ltd or its customers may utilise.

6.2. Use of distribution lists via unsolicited electronic mail or other electronic mailings is strictly prohibited. WebMetrix Pty Ltd reserves the right to deactivate the Client’s account(s) upon an indication of such activity. Client hereby agrees to indemnify and hold harmless WebMetrix Pty Ltd from any claim resulting form the Client’s or another party’s use of electronic mail service(s) on the Clients account(s).


Termination

7.0. Client may cancel the Services upon the conditions that requests for cancellation must be made in writing with 30 days prior notice and sent to WebMetrix Pty Ltd. Cancellation will not take effect until received.  Setup fees are not refundable.

7.1. WebMetrix Pty Ltd reserves the right to suspend Services without notice for any unpaid or partially paid balances. The Client is responsible for any legal fees incurred for the collection of any unpaid amounts.

7.2. Spamming (the practice of sending unsolicited, unwelcome mass mailings to people) is strictly prohibited. Any Client found to be Spamming will have their Services immediately terminated and find themselves billed for any unpaid balances as well as for any damages that occur as a result of it.

 7.3 Webmetrix Pty Ltd reserves the right to suspend or cancel services if notice is not given with 30 days of expiry of hosting services.  The used pro-rata time portion of Annual Payment that has been made is not refundable.


END TERMS AND CONDITIONS

 
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