In order to accept any services provided by Global Serve Pty Ltd, 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 or duly completed confirmation whichever occurs first.
Terms of Business
The following terms of business apply to any or all of the domain name registration, Web site hosting, e-mail and Secure Web Page services to be provided by Global Serve Pty Ltd to you.
Server: refers to the computer server equipment which is used to host your web site or e-mail account.
Web Site: means the area on the Server allocated to you for use by you as a site on the Internet.
Secure Web Page: means the Web page 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.
SPECIAL TERMS OF CONTRACTS
Domain Name Registration terms
Web Site Hosting/email/Secure Web Page
- 1.We do not warrant or guarantee that the domain name applied for will be registered to you 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.
- 2. 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.
- 3. 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.
Virus Protection Software/Anti Spam Software
- 1.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 cover in respect of any loss or damage to data stored on the Server. You accept responsibility for keeping and maintaining an up to date copy of your website locally on your own computer. You warrant to us that you will only use your assigned Web Site 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 that violates or infringes any trade mark, 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 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.
- 2. You are responsible for sending mail in accordance with any relevant legislation (including data protection legislation) 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
- 3. You warrant, undertake and agree that:
- a. any transactions within your Web site 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;
- b. the information contained within your Web site will comply with all applicable law, and codes of practice governing the use of Web sites 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;
- c. you will keep secure 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 is not unauthorised use or access by us.
- 4. 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.
GENERAL TERMS AND CONDITIONS
- 1. Spam Filtering and Virus Protection services are only available to customers hosting their email services with GlobalServe Pty Ltd.
- 2. You accept that no anti-virus software can guarantee to detect 100% of viruses and therefore you use our virus protection service at your own risk. GlobalServe Pty Ltd reserves the right to remove attachments from incoming email messages if there is any indication that the attachment is, or might be, infected with a virus. You acknowledge that we cannot and do not warrant that the software installed on our servers (4PSA Clean Server) will detect all viruses present in e-mails scanned by and transmitted via our servers. We make no warranty that the service will be error free or free from interruption of failure. GlobalServe Pty Ltd expressly disclaims any express or implied warranty regarding system and/or service availability, accessibility, or performance. The virus scanning software installed on our servers provides a high level of protection against viruses but you acknowledge and agree that you are solely responsible for protecting your property and email accounts from virus threats.
- 3. 4PSA Spam Guardian is an application that works closely with SpamAssassin Open Source spam engine to provide spam filtering for the email boxes on Plesk 5/6 servers. The level of spam filtering is set at 15 which is considered a very permissive setting, only the most obvious spam messages should be detected. GlobalServe Pty Ltd offers no guarantee that the 4PSA Spam Guardian email filter software will capture all unwanted email sent to any user, nor that all wanted email will be passed through the filter. You understand that some email may be made unavailable when using the 4PSA Spam Guardian email filter, and by requesting to use said filter you assume all liability for any lost or altered email. By choosing to use the 4PSA Spam Guardian email filter, you agree to hold Domain Registration Services faultless for any damages resulting from the use of the filtering service. We make no warranty that the service will be error free or free from interruption of failure. GlobalServe Pty Ltd expressly disclaims any express or implied warranty regarding system and/or service availability, accessibility, or performance.
- 4. The software installed on our servers minimises the risk of receiving SPAM and virus's through email only. This does not mean your computer will not be affected by a virus. We recommend that you also have a copy of an Anti-virus program on your computer for extra protection for virus's that may arrive on your hard drive through CD's, Floppy Disks and Downloads.
- 5. You agree to waive, and will not assert, any claims against Domain Registration Services in connection with your access to or use of the Anti-Spam and Virus Scanning software installed on our servers, including without limitation any claims based upon the deletion, misdirection or delay of your email and loss of, damage to, your records or data. Due to the volatile nature of the Internet and its offerings, the accuracy of the performance of 4PSA Clean Server and 4PSA Spam Guardian is not guaranteed by the supplier of the Software, nor is it guaranteed by GlobalServe Pty Ltd.
- 6. Email transmitted to you from our servers will not be scanned by 4PSA Spam Guardian and 4PSA Clean Server until you have indicated your willingness to ulitize these services by:
- (a) activating 4PSA Spam Guardian via your web hosting account Personal Control Panel.
- (b) sending an email to email@example.com requesting that all email sent to your domain be scanned for viruses by 4PSA Clean Server.
The following terms and conditions apply to contracts and provision of all Services:
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 down time of the Server.
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.
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.
- 1. We may terminate this agreement if you fail to pay any sums due to us as they fall due.
- 2. We may terminate this agreement upon written notice if you breach any of these terms and conditions and you fail to correct the breach within thirty (30) days following written notice from us specifying the breach,
- 3. On termination of this agreement we shall be entitled immediately to block your Web Site and to remove all data located on it.
Exclusion and Limitation of Liability
- 1. 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 Web site and shall be due and payable within fourteen (14) days of receipt of our invoice.
- 2. 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 to suspend the provision of Services to you.
- 1. 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 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 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.
- 2. Our total aggregate liability to you for any claim in contract, tort, negligence 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.
- 3. In no event shall we be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.
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:
- a. in relation to goods
i. 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
ii. the repair of the goods or payment of the cost of having the goods repaired;
- b. in relation to services
i. the supplying of the services again; or
ii. the payment of the cost of having the services supplied again
Except where expressly provided otherwise, any notice to be given by either party to the other may be sent by either e-mail, 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 e-mail 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.
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.
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 on renewal or assignment/transfer, by notice in writing to you (or the assignee/transferee, as the case may be).
These terms and conditions constitute the entire agreement between Global Serve Pty Ltd 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 Global Serve Pty Ltd.
Entire Agreement, Governing Law
This agreement shall be governed by the laws in force in the state of Victoria. Both parties hereby submit to the exclusive jurisdiction of the Courts of that State