TERMS AND CONDITIONS

Who we are

These General Terms & Conditions apply to the provision of services by Webhost Media (ABN 26 022 953 694) (Webhost Media, we, us, our) to you as a user and customer of our services (you, your).Our website address is: https://webhostmedia.com.au.

Terms and Conditions

In order to become a reseller or ISP Partner of us, or user of any of our services, you must agree to the following terms and conditions. Your agreement to these terms will be indicated to us by sending to us an application, duly completed confirmation (if requested) or commencement of reseller of ISP activities or use of any of our services, whichever occurs first.

The following terms of business apply to any or all of the domain name registration, Web site hosting, email, spam and virus protection, e-mail marketing hosted application, downloadable files backup software, Search Engine Optimisation and Secure Web Page services to be provided by us to you from time to time, as well as any goods or services provided by us under any reseller or ISP agreement (Services and individually Service). Server means the computer server equipment operated by us in connection with the provision of the Services. Web Site means the area on the Server allocated by us to you for use by you as a site on the Internet. Secure Web Page means the Web page is operated and located on the Server which allows you to collect credit card details in a means that is difficult for other people to view the page when it is loaded because the page is encrypted. Search Engine Optimisation means any service that is designed to assist your Website gain a higher listing in the Search Engine results.

Special terms of contracts

Domain name registration terms

We do not warrant or guarantee that the domain name applied for will be registered in your name or is capable of being registered by you. Accordingly, you should take no action in respect of your requested domain name(s) until you have been notified that your requested domain name has been registered.
If your application is deemed fraudulent through a fraud detection and prevention mechanism in the domain registration process, we may require the registering party to supply Photo Identification to verify their identity. Accepted Photo Identification methods are Passport or current driver’s License.
Both the registration of the domain name and its ongoing use are subject to the relevant naming authority’s terms and conditions of use and you are responsible for ensuring that you are aware of those terms and conditions and can and do comply with them. You irrevocably waive any claims you may have against us in respect of the decision of a naming authority to refuse to register a domain name and, without limitation agree that the administration charge paid by you to us shall be non-refundable in any event.
We accept no responsibility in respect of the use of a domain name by you and any dispute between you and any other individual or organisation regarding a domain name must be resolved between the parties concerned and we will take no part in any such dispute. We reserve the right, on our becoming aware of such a dispute, at our sole discretion and without giving any reason, to either suspend or cancel the domain name, and/or to make appropriate representations to the relevant naming authority.
Outbound domain transfers from Hostess.com.au to us incur a $16.50 AUD Administration charge invoiced to the gaining Account by our Accounts team. This charge is not applicable for domains transferring for the purpose of ordering our provided services.
Webhost Media reserves the right to charge for all and any of our services for all platforms. Note that the Domain Manager is provided for free for every domain registered with Webhost Media however, we do charge a once-only Domain Manager Setup Fee if you do not have a hosting Plan in place or you do not renew your hosting plan upon its renewal. The current set-up fee is $380.

Website hosting/email/secure webpage/virus protection terms

We specifically exclude any warranty as to the accuracy or quality of information received by any person via the Server and in no event will we be liable for any loss or damage to any data stored on the Server. You are responsible for maintaining insurance coverage in respect of any loss or damage to data stored on the Server. You warrant to us that you will only use your assigned Website for lawful purposes. In particular, you further warrant and undertake to us that: a. you will not, nor will you authorise or permit any other person to, use the Server in violation of any law or regulation; b. you will not knowingly or recklessly post, link to, or transmit any material: i. that is unlawful, threatening, abusive, harmful, malicious, defamatory, violent or teaching violence, obscene, pornographic, profane, or otherwise objectionable in any way; or ii. containing a virus or other hostile computer program; iii. that shall constitute or encourage a criminal offence, give rise to civil liability, or violates or infringes any trademark, copyright, other intellectual property rights, or similar rights of any person under the laws of any jurisdiction; and c. you will conform to the standards made available by us from time to time and will not yourself, and will ensure that none of your end users, make excessive or wasteful use of the Server to our detriment or that of our other customers. We reserve the right to suspend your service at the time of service abuse prior to notification, and to terminate post 3 events of suspension of the service as a result of the ongoing lack of resolution of the issue associated.
You are responsible for sending mail in accordance with any relevant legislation, including but not limited to the Commonwealth Spam Act (2003), and for sending the same in a secure manner. We will take all reasonable steps to ensure accurate and prompt routing of messages but we will not accept any liability for non-receipt or misrouting or any other failure of email. In the event of deliberate transmission of unsolicited commercial email (UCE), we reserve our right to terminate services without prior notification.
You warrant, undertake, and agree that:
1. any transactions within your Website which are contracts for the sale of goods or services will be between you as the merchant and your end-user customer and you agree that we may include an exclusion of our liability in respect of such purchases and transactions in such form as we deem appropriate;
2. the information contained within your Website will comply with all applicable laws, and codes of practice governing the use of Websites and related services, including, without limitation, those laws and/or codes of practice governing distance selling and data protection from time to time in force;
3. you will keep securing any identification, password, and other confidential information relating to your account and you will notify us immediately of any known or suspected unauthorised use of your account, or any known or suspected breach of security, including loss, theft or unauthorised disclosure of your password information. Notwithstanding such notification, you will be liable for any and all uses of your account (and Web site) notwithstanding any fraudulent or improper use of your password or any other access to any of the facilities we offer which are not unauthorised use or access by us.
Whilst we shall use reasonable endeavours to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorised users or hackers.
We do not warrant whatsoever that our virus protection services will stop every virus from reaching your computer network. We make no warranty that the service will be error-free or free from interruption or failure, and the company expressly disclaims any express or implied warranty regarding system and/or service availability, accessibility, or performance.
You agree to accept additional charges for the transit of IP traffic above and beyond the amount specified in the Service. All excess data will be charged at the rate of 5.5c/MB to the nearest whole MB. These charges will fall due at the completion of the calendar month on normal trading terms of 14 days from invoice. We will provide an online interface allowing authorised users to monitor website data traffic.
Webhost Media reserves the right to charge for all and any of our services for all platforms. Note that the Domain Manager is provided for free for every domain registered with Webhost Media however, we do charge a once-only Domain Manager Setup Fee if you do not have a hosting Plan in place or you do not renew your hosting plan upon its renewal. The current set-up fee is $380.

Web design services

All standard developments are based on a 5-page design unless stipulated otherwise at the point of sale.

1. You agree that in the provision of web design services by us we may utilise the services of third party contractors, and that we may pass on to such contractors any information or materials, including design brief and content, provided to us by you.
2. You are responsible for keeping a copy of any existing Website that we may replace pursuant to the provision of web design services including all databases and hosted files. We can provide an archival solution for the existing website at our standard commercial rates.
3. We are not responsible for the contents of any Web Site we design for you, and upon publication, you must satisfy yourselves that the Web Site will comply with all applicable laws, and codes of practice governing the use of Web Sites and related services. This includes the intellectual property and copyright ownership of all material that you have provided to us. We are similarly not responsible for your subsequent use of the site and your compliance with various commonwealth and state legislations.
4. All website content must be provided by you within 1 calendar month of invoice (project commencement). If your data is not supplied within 1 month, we reserve the right to place your project on administrative hold. If no data is supplied within 2 months of invoice, the project will be cancelled and subject to cancellation fees.
5. You must provide complete feedback within 7 calendar days during the design concept and production review. If no feedback is provided within this time, we reserve the right to move forward with the project, assuming no changes have been requested and that work is accepted in its current form. Any changes requested past this time are subject to our standard rates of $150 per hour or part thereof.
6. You may request an Administrative Hold of your project for up to 6 months at a cost of $100. We will stop working on the project until you advise us that you are ready to move forward. If you exceed 6 months of the project being held, we will terminate the project and all monies paid by you to us will be forfeited, with no refunds available.
7. If you are unhappy with your site design, you may request additional layout concepts, at a cost of $150 per layout, with full payment required upfront.
8. You are responsible for the digital rights to any image that you supply to us in the course of a project.
9. Once your website has been published, we will review and repair any pre-existing code errors and/or bugs in the website if reported within 30 days of publishing. Any cosmetic changes alterations, or code errors reported outside of this time period will be subject to additional charges at our standard commercial rates of $150 per hour or part thereof.

Additional Conditions for Static Websites

1. 100% upfront payment is required for static website design services. If cancellation occurs before the design is selected and the site is put into production, a cancellation fee of $300 will apply. Once a site is placed into production, cancellation fee will be 100% of the project cost and no refunds will be available.

Additional conditions for CMS & E-Commerce Websites

1. 50% upfront payment is required for CMS & E-Commerce website design services, with the balance required after design selection before we place the project in production. If cancellation occurs before the design is selected and site is put into production, a cancellation fee of $300 will apply. Once a site is placed into production, cancellation fee will be 100% of the project cost and no refunds will be available.
2. While providing assistance in the obtaining of a merchant facility, we provide no guarantees that a bank will provide a merchant facility for your online store.
3. We warrant the software used as stable and secure at the time of delivery. Post-delivery maintenance of the security of the site is the responsibility of the client or their agent, and not of us.

Additional Conditions for Template-Based Design

There are no refunds or credits available for Template Based Design services. Any Template Based Design service sold as part of a package deal is not transferable or redeemable for cash or other services. Nor is it able to be provided on an alternate domain name.
Template Based Design services are only available on domain names holding an active hosting service. The service level required for the product needs to be ‘Business Hosting’ or above.
You will be able to select from a range of pre-existing website templates, and provide customised content (text and images) for the population within the website. No alteration or modification to the design template is available.
1 round of feedback of up to 10 changes is permitted in the release process. If additional changes are requested, you are able to log in at any time to make these changes yourself via the content editing system. Alternatively, we can make these changes on your behalf at our standard commercial development rate of $150 per hour (or part thereof).
After feedback has been implemented, the website will be published “as-is”. All future changes and maintenance are the responsibility of the site owner, who can edit via the content editing system via The Console.

Search engine optimisation services

Whilst we will try to improve the position of your Website in the Search Engine results in response to a search request, we do not warrant that this effort will be successful.
We cannot be held responsible for any changes to the position of your Website in the Search Engine results pursuant to the provision of search engine optimisation services by us.
By participating in the Traffic Accelerator program, your site will be updated with recommended links as part of our link-building program. You are responsible for reviewing these changes and advising us to remove any that you deem are not suitable. We will endeavor to remove any links you nominate within 24 working hours.

Search engine advertising services

Whilst we will try to meet your monthly advertising budget, we do not guarantee that this will always be possible. Any monthly advertising budget left over in any one month will be rolled over into the following month.
You will not be entitled to a refund of any remainder from your monthly budget, nor credit it to any other service.
Whilst we will try to improve your business exposure, we cannot guarantee that search engine advertising services will increase third-party traffic to your Web Site or that such traffic will increase business sales or inquiries.
All setup fees for search engine advertising/PPC services and landing pages are to be paid automatically, either by credit card or direct debit.
Ad spend and PPC management need to be paid in advance. They are not subject to payment terms and are not retrospective. Work will not commence until the ad spend invoice has been paid.

Hosted Application

Hosted Application means a software application or tool that is accessed and used, including the saving and retrieval of data, by logging onto the servers of the software provider via the Internet. In this section, the Supplier means the third-party supplier and host of the Hosted Application.
You acknowledge that we are not the owner of the Hosted Application, but are an authorised reseller of it. By ordering this Service from us, you have confirmed your acceptance of the End User Agreement (the EUA) that comes with and is displayed in the Hosted Application, between you (the End User) and the Supplier. Your entire rights and remedies in relation to the operation of the Hosted Application, including any errors, bugs, faults, or defects are as expressed in the EUA with the Supplier and we have no liability or obligation to you apart from what is stated in the terms and conditions (agreement).
We hereby grant to you a non-exclusive, non-transferable right to use the Hosted Application for the duration of this agreement.
Your right hereunder to use the Software is also subject to the obligations related to usage set out in the EUA.
We do not represent, warrant, or guarantee that the Hosted Application will be uninterrupted, continuous, or error-free or that defects, errors, or bugs will be corrected by the Supplier.
You acknowledge that the Hosted Application is hosted by the server of a third-party supplier. We make no representations, warranty, or guarantee as to the reliability of the Hosted Application or the ability to access the Hosted Application or retrieve data therefrom at all locations and at all times.
Apart from technical support in relation to activating the Hosted Application, we will not provide any user support on managing the internal features of the Hosted Application.
You hereby permit our disclosure to the Supplier of information necessary to identify the Hosted Application purchased, the date of purchase, the duration of your right hereunder to use the Hosted Application, and the amount (s) paid by you.

Downloadable software

Software means software downloadable by using the log-in details provided by us in relation to your current account with us relating to that software. In this section Supplier means the ultimate provider of the Software. Updates mean new software releases made available by the Supplier containing security patches, bug fixes, enhancements, or updates to Software.
You acknowledge that we are not the owner of the Software, but are an authorised reseller of it. By ordering the Service from us, you have confirmed your acceptance of the End User Agreement (EUA) that is displayed at the bottom of this page, between you (the End User) and the Supplier. Your entire rights and remedies in relation to the operation of the Software, including any errors, bugs, faults, or defects are as expressed in the EUA with the Supplier and we have no liability or obligation to you apart from what is stated in the terms and conditions (agreement).
We hereby grant you a non-exclusive, non-transferable right to use the Software for the duration of this agreement.
Your right hereunder to use the Software is also subject to the obligations related to usage set out in the EUA.
We do not represent, warrant, or guarantee that the functioning of the Software will be uninterrupted, continuous, or error-free or that defects, errors, or bugs will be corrected by the Supplier.
You must not remove or alter any copyright, trademark, or proprietary notice in the Software. Nothing in this agreement gives you any rights to the Intellectual Property Rights (including without limitation, copyright, trademarks, patents, and design) subsisting in the Software or any Updates or any component elements of them. You acknowledge that under the right of usage granted to you hereunder there is no transfer of title or ownership to the Software or to any modifications, updates, and new releases thereto.
Except to the extent specified to the contrary in this agreement, we shall not be obligated to support the Software, whether by providing advice, training, error correction, modifications, new releases or enhancements, or otherwise. We will however use reasonable endeavours to make available to you Updates as and when they become available from the Supplier.
You hereby permit our disclosure to the Supplier of information necessary to identify the Software purchased, the date of purchase, the duration of your right to use the Software, and the amount (s) paid by you.
You acknowledge that the Software cannot be guaranteed error-free and further acknowledge that the existence of any such errors will not constitute a breach of this agreement by us. If you believe there is a defect in the Software, this must be notified and dealt with directly to the Supplier within the Warranty Period provided in the EUA.
The Software may contain technology that is not fault-tolerant and is not designed, manufactured, or intended for use in environments or applications in which the failure of the Software could lead to death, personal injury, or severe physical, property, or environmental damage.
We are under no obligation under this agreement to provide new releases. If new releases are offered by us it will be at the then current price but with any discount for upgrading from a previous version of the Software being passed onto you.
Without limiting any other provision of this agreement, we shall be under no liability to you in the event of loss or damage suffered as a result of your failure to download Updates as and when they become available from us.

Reseller and ISP partner

1. 1. If you are or become a reseller of our Services you must ensure that you continue to comply with these terms and conditions by making your customers bound to no less comprehensive and protective terms and conditions than these.
  2. You agree that in your capacity as a reseller of our services you will not incur any liability on our part or in any way pledge or purport to pledge our credit or purport to make any contract binding on us.
  3. We do not accept the liability or default of your own customers as affecting or limiting your obligations under this agreement and we suggest that you require your customers to sign a form of this agreement.
  4. As a reseller of our Services, you are responsible for ensuring that any promotional, advertising, or other material you distribute to your customers (whether in paper form or electronically):
    1. does not contain any misrepresentation relating to us or the nature of your relationship with us;
    2. is in accordance with all applicable advertising standards;
    3. does not contravene any law of the relevant jurisdiction;
    4. is appropriate in all the circumstances;
      and that you otherwise comply with all laws and regulations governing the exercise of your right as a reseller under this agreement.
    5. retain the right to require you to cease distribution of any advertising, promotional, and/or other material which in our view is unacceptable by reference to the criteria referred to in paragraph 4 above.
  5. You agree to indemnify, keep indemnified, and hold us harmless from and against any claim brought against us by a third party resulting from the provision of our Services by you to your customers, and in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses) or liabilities whatsoever suffered and howsoever incurred by us as a consequence of your breach or non-observance of the Reseller and ISP Terms.
  6. As a reseller of our Services, you are responsible for providing end-user technical support to your wholesale customers. We will only provide information and support to an account holder; i.e. the Reseller and/or Affiliate Account Holder for the respective domain(s). In the event that a Reseller’s client requests any domain information or support, we will direct the client to contact the reseller in the first instance, providing the client with a contact email address listed on the reseller account.
  7. You agree to ensure that end user domain registrations are applied for in the Entity name of your end user/customer unless otherwise agreed upon in writing.
  8. At the request and appropriate verification of an Affiliate account holder, we will split an end user’s account from the Reseller into its own Retail account. We will then inform the Reseller accordingly.
  9. 1. The reseller has explicitly confirmed acceptance following our notification;
    2. The reseller has not responded to our request for acceptance of the split within 48 hours of notification;
    3. the domain registration is currently expired;
    4. Reseller account is listed as Suspended or Blacklisted for non-payment.
Domain registrants will be able to split away and manage their domain registrations and services directly via a Retail account under the following conditions. If the conditions cannot be met, the domain registrant will be issued with a copy of the Authorisation Code (EPPDomain password) for transfer to another provider. Reseller Split request will be processed if submitted with specified documentation and:

In the event of a domain registrant splitting their service away from the Reseller, all associated services will be moved to the Retail account and will be the responsibility of the new account holder.
In the event of a domain registrant transferring their domain registration away from us for service provisioning externally, the subscription of services and its cancellation is the responsibility of the Reseller account holder.

General terms and conditions

The following terms and conditions apply to all reseller and ISP contracts and provision of all Services, including the registration of .au.com sub-domains the special terms for which are set out below:

Service availability

We shall use reasonable endeavours to provide continuing availability of the Server and the Services but we shall not, in any event, be liable for Service interruptions or downtime of the Server.
In no event will we be liable to you for loss of data, or the inability to retrieve data, resulting from or incidental to the use of a Service.

Intellectual property rights and other consents

You are solely responsible for obtaining any and all necessary intellectual property rights clearances and/or other consents and authorisations, including without limitation, clearances and/or consents in respect of your proposed domain name and merchant services agreements between you and the relevant financial institutions.

Indemnity

You agree to indemnify and keep indemnified and hold us harmless from and against any claim brought against us by a third party resulting from the provision of Services by us to you and your use of the Server, and in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities, whatsoever suffered and howsoever incurred by us in consequence of your breach or non-observance of these terms.

Termination

We may terminate this agreement forthwith if you fail to pay any sums due to us as they fall due. We may suspend all services within an account prior to termination should any invoice in the account be outside of our trading terms.
We may terminate this agreement immediately if you breach any of these terms and conditions, or if you are a company you go into insolvent liquidation, or if you are a person you are declared bankrupt.
We may also terminate this agreement with immediate effect if you fail to comply with the End User Agreement (EUA) of a third-party supplier (Supplier) of Software or a Hosted Application.
On termination of this agreement (in relation to Website hosting) we shall be entitled immediately to block your Website and to remove all data located on it. We will hold such data for a period of 14 days and allow you to collect it, at your expense ($150/hr), failing which we shall be entitled to delete all such data. We shall further be entitled to post such notice in respect of the non-availability of your Web Site as we think fit.
On termination of this agreement, we shall also be entitled to immediately cease any of our other Services to you (apart from Web Site hosting) without holding any backup data for retrieval by you.
Without limiting the section below on our Exclusion and limitation of liability, we will not be liable to you for any cost, expense, damage, or loss whatsoever for terminating this agreement.
If the Supplier seeks to terminate your use of a Software or a Hosted Application for reasons other than your non-compliance with an EUA or these terms and conditions, we will use reasonable endeavours to honour the remaining period of any then current and existing right hereunder for you to use that Service but we will not otherwise be obligated to continue the Service if this is not possible or viable due to events beyond our reasonable control.
We shall not be liable for any delay or failure to perform its obligations pursuant to this agreement if such delay or failure is due to termination of access to the Hosted Application or to Software by the Supplier or a change by the Supplier to the conditions of supply thereof.
If you wish to terminate your account with us, you must do so by completing the online cancellation form, otherwise, your account will be automatically renewed for the same subscription period and you will be liable for, and immediately invoiced upon the commencement of, such additional subscription period. Specifically, we will not accept verbal instructions to terminate an account. To submit the cancellation form, login to the console, select tab “Service Administration” then click on “Service Cancellation”. Submission of this online form will generate an automated email to the email address specified in the form, and within this email will be a unique tracking number that is the only proof of cancellation that will be accepted by us.
Upon receipt of your cancellation request, we will cancel your service at the first available opportunity.
There are no refunds or credits, once an invoice is generated unless an invoice for a service is generated after a cancellation request is submitted.

Payment

All charges payable by you to us for the Services shall be in accordance with the relevant scale of charges and rates published from time to time by us on our Website and explicitly on the invoice shall be due and payable within thirty (30) days of receipt of our invoice for yearly subscription services therefore. Monthly subscription services require payment within 7 days of invoice issue.
The provision by us of the Services is contingent upon our having received payment in full from you in respect of the relevant Services. Without prejudice to our other rights and remedies under this agreement, if any sum payable is not paid on or before the due date, we reserve the right, forthwith and at our sole discretion, to suspend the provision of Services to you.
If you fail to make payment within the terms of this agreement, you will become liable for the cost of collection. This will include interest on any overdue amount, calculated at the daily rate of 12% per annum, from the due date of the payment.
Upon provision of a credit card account, you give us authorisation to automatically debit your credit card for all charges on issuance of a valid invoice.

Account fee

If you nominate that the good(s) or service(s) you have purchased are to be invoiced, you will be charged a $4.40 account fee per invoice issued.

Late payment fee

If you exceed our thirty (30) days credit terms, you will be charged an $11.00 late payment fee. A revised invoice will be sent to your nominated e-mail address.

Exclusion and limitation of liability

TO THE FULL EXTENT PERMITTED BY LAW WE HEREBY EXCLUDE ALL CONDITIONS AND WARRANTIES NOT EXPRESSLY SET OUT HEREIN. EXCEPT AS SPECIFICALLY SET FORTH IN ELSEWHERE IN THIS AGREEMENT, WE MAKE OR GIVE NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE, WITH RESPECT TO ANY GOODS OR SERVICES PROVIDED UNDER OR INCIDENTAL TO THIS AGREEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US, OUR RESELLERS, AGENTS, REPRESENTATIVES OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THE EXPRESS WARRANTIES HEREBY GIVEN, AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
Our total aggregate liability to you for any claim in contract, tort, negligence, equity, or otherwise arising out of or in connection with the provision of the Services shall be limited to the charges paid by you in respect of the Services which are the subject of any such claim and provided that you notify us of any such claim within one year of it arising.
In no event shall we be liable to you for any loss of business, contracts, profits, or anticipated savings or for any other indirect consequential or economic loss whatsoever, even if advised us of the possibility thereof. Nor will we be liable in any event for any damages including, without limitation, indirect, special, incidental, consequential, or exemplary damages, arising out of or in connection to this agreement or the Services.
In no event will we be liable to you for loss of data, or the inability to retrieve data, resulting from or incidental to the use of a Service.

Important note:

In the event that this agreement constitutes a supply of goods or services to a consumer as defined in the Trade Practices Act 1974 (Cth) or any other national, State, or Territory legislation (the Acts) nothing contained in this agreement excludes, restricts or modifies any condition, warranty or other obligation in relation to this agreement and the goods and you where to do so is unlawful. To the full extent permitted by law, where the benefit of any such condition, warranty, or other obligation is conferred upon you pursuant to any of the Acts, our sole liability for breach of any such condition, warranty, or other obligation, including any consequential loss which you may sustain or incur, shall be limited (except as otherwise specifically set forth herein) to:

in relation to goods
1. the replacement of the goods or the supply of equivalent goods or payment of the cost of replacing the goods or acquiring equivalent goods; or
2. ii. the repair of the goods or payment of the cost of having the goods repaired;
in relation to services:
1. the supplying of the services again; or
2. The payment of the cost of having the services supplied again as in each case we may elect.

Notices

Except where expressly provided otherwise, any notice to be given by either party to the other may be sent by either email, fax, post, or courier to the address of the other party as appearing in this agreement or ancillary application forms or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent or if sent by fax shall be deemed to be served on receipt of an error-free transmission report, or if sent by post or courier shall be deemed to be served two days following the date of posting.

Severability

If any clause of these terms and conditions is held to be invalid or unenforceable in whole or in part, the invalid or unenforceable wording shall be deemed to be omitted.

Assignment

The benefit of this agreement may be assigned by us, but not our obligations to you – to do that, you agree that we may give notice to you in writing, and your failure to respond will be deemed acceptance. You may transfer this agreement provided that you give us notice in the form we require (setting out the details of the assignee) accompanied by payment of any transfer fee specified by us. No other method of transfer by you is permitted.

Change to terms on renewal

We may change the terms and conditions of this Agreement at any time. Details of our current terms are available here. Any renewal of a Service will be in accordance with the terms and conditions in place as at that time.

Entire agreement

These terms and conditions constitute the entire agreement between us and you and supersede all prior agreements, understandings, and representations whether oral or written. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. Except as provided above, no variation may be made to the contract unless it is in writing and signed by authorised representatives of you and us.

Entire agreement, governing law

You will not be able to opt-out of Critical Service Notifications, Renewal, Billing and Account Notifications, Scheduled Downtime Notifications, or any other communications deemed to be an essential part of our service to you.

Please review our Privacy Statement for full details of our use of personal data.

Microsoft Cloud Agreement

You acknowledge you have read and agree to be bound by:

(a) The Microsoft Cloud Agreement as amended and varied from time to time; and
(b) any other terms by Microsoft related to this Service;

You warrant that:

(a) you have all necessary rights to any software, services, or data you may use with this Service; and
(b) your access and use of this Service will not infringe any applicable laws or regulations or third party’s intellectual property rights.

You acknowledge and consent to Microsoft receiving, accessing, transferring, processing, and disclosing your personal information and data as required to provide the Service to you in accordance with these Service Terms.

You acknowledge and agree that Microsoft and any affiliated/related entity have the right to require due performance of these Service Terms.