1. Terms Used
"We", "Us" and "Our" mean Precedence Group Pty Ltd or other such entity under its control.
"You", "Your" and "Customer" mean the legal entity that has engaged our services.
"Services" and "Hosting Services" mean any service that we provide which utilises our internet-based infrastructure, and includes, but is not limited to, web hosting, domain name registration, servers, colocation, internet connectivity, email, online backups and SSL certificates.
By ticking the "I have read and agree to the Terms and Conditions" checkbox on any online form within a website operated by us, or by otherwise agreeing to use our services, you are indicating agreement to and acceptance of these Terms and Conditions.
We reserve the right to change the rates for services with not less than thirty (30) days advance notification to the Customer. All services require acceptable payment arrangements prior to the commencement of any services being provisioned.
4. Website Hosting Services ("Hosting Service")
4.1. Scheduled Maintenance - We will perform scheduled maintenance to servers from time to time. Wherever possible we will attempt to perform all scheduled maintenance at times which will minimise disruption to customers.
4.2. Unscheduled maintenance may need to be performed. Where the Hosting Service becomes unavailable due to unscheduled maintenance or other problems, we will endeavour to restore services as quickly as possible.
4.3. Archiving of Data - We will attempt to archive your data onto backup mechanisms on a regular basis for the purposes of disaster recover. In the event of equipment failure or data corruption, we will restore from the last known good archive. If our archives are corrupted or unusable you should be prepared to upload your website and data if required.
4.4. We may from time to time without notice suspend the Service or disconnect or deny your access to the Service:- (a). during any technical failure, modification or maintenance involved in the Service provided that we will use reasonable endeavours to procure the resumption of the Services as soon as reasonably practicable; or (b). if the Customer fails to comply with any agreement (including failure to pay charges due) until the breach (if capable of remedy) is remedied, or does, or allows to be done, anything which in our opinion may have the effect of jeopardising the operation of the Service. Notwithstanding any suspension of any Service under this clause you shall remain liable for all charges due throughout the period of suspension.
5. Domain Name Registration and Delegation
Registration of domain names is performed by us on your behalf. We will in no way guarantee that a particular domain name can be registered by you. Domain names are not to be used in any way or advertised until you have received written confirmation of registration. At the time of registration of the domain name the Customer must enter into a Registration Agreement with the appropriate Registrar in accordance with the relevant rules of that Registrar.
Invoices are sent to the Customer's nominated email address. Invoices are due on receipt. Accounts that remain unpaid thirty (30) days after the date of invoice may be assessed a service charge in the amount of one and one-half percent (1.5%) per month of the total amount due.
Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Customer in default maintains any information or files on its web space, we may, at our discretion, remove all such material from its Web space. Removal of such material does not relieve the Customer of its obligation to pay any outstanding charges owing by the Customer. Customers with accounts in default agree to pay our reasonable expenses, including solicitor fees and costs for collection by third-party agencies, incurred in enforcing these Terms and Conditions.
Either party may terminate this Agreement by giving thirty (30) days written notice to the other party. E-mail or telephone requests for termination of services will not be honoured.
9. Returns on Cheques or Credit Cards
If the bank returns a cheque or fails to honour your credit card;
9.1. We may charge a $25.00 insufficient funds fee;
9.2. You will be notified by e-mail that your cheque or your credit card was not accepted;
10. Legal Restrictions
Our Hosting Services may be used for lawful purposes only. Submission, transmission, or maintenance of any information or materials in violation of any Queensland or Commonwealth of Australia laws, acts or regulations is prohibited. This includes, but is not limited to, material legally judged to be threatening or obscene.
The Customer must:
10.1.respect the conventions of the newsgroups, lists and networks used;
10.2.respect the legal protection afforded by copyright, trademarks, licence rights and other laws to materials accessible via the Hosting Service;
10.3.respect the privacy of others;
10.4.use the service in a manner that does not interfere with or disrupt other network users, services or equipment; and
10.5.refrain from acts that waste resources or prevent other users from receiving the full benefit of the Hosting Services. We reserve the right to refuse service to the Customer without providing reason or cause.
The Customer agrees to indemnify and hold harmless us from any and all claims resulting from:
11.1.the Customer's use of the Hosting Services which cause damage or loss to the Customer or a third party; and
11.2.a third party illegally obtaining access to the site and causing damage or loss.
We make no warranties of any kind, whether express or implied, for the services it provides. We also disclaim any warranty of merchantability or fitness for a particular purpose. We will not be responsible for any direct, indirect or consequential damages which may result from the use of its services including loss of data or profit resulting from delays, non-delivery or interruption in service.
These Terms and Conditions supersede all previous representations, understandings or agreements and shall prevail notwithstanding any variance with terms and conditions of any order submitted. The Customer's engagement of our Hosting Service constitutes agreement to and acceptance of these Terms and Conditions.