Terms and Conditions
Where the context admits: "Provider" is Studiocoast (ABN: 60 220 650 380 ). "The
Customer" includes the person purchasing the Services or any party acting on the
Customer's instructions. In consideration of the mutual covenants herein, the
parties agree to the following, which shall apply during the term of this
agreement. "Agreement" refers to this agreement as explained.
1. Definitions
"Services" means web hosting, co-location and any other product or service
provided by the Provider to the Customer. "Server" means the server equipment
either operated and owned by the Provider or provided by the Customer.
2. Service
2.1 The Services provided to the Customer and the Customer's account with
the Provider cannot be transferred or used by any other party except where
purchased under a Reseller agreement.
2.2 The Customer may qualify for refund of no more than the total
calculated monthly fee of the Service. Refund levels applicable to uptime are
listed in the Service Level Agreement. The Customer may also qualify for a
refund within the first 14 days of service where such refund is explicitly
offered as a part of the Service.
2.3 Any action that interferes with and/or causes degradation of Service
to other Customers is strictly prohibited.
2.4 Game servers, Proxy Servers and any software associated with the IRC protocol is not permitted.
3. Co-location
3.1 Servers purchased in full by the Customer either from the Provider or
a 3rd party remain the property of the Customer at all times.
3.2 Escorted access to servers will be granted to the Customer where
required.
3.3 The Customer shall pay all fees and charges associated with the plans
subscribed to under this agreement.
3.4 The Customer shall pay all fees and charges for the entire duration
of the agreement as set out in the pricing schedule.
3.5 The Provider shall honour the pricing schedule for the duration of
the agreement.
4. Content
4.1. The Customer shall obtain any and all necessary
consents and clearances to enable it lawfully to make use of any and all
intellectual property rights through the Services, including without limitation,
clearance and/or consents in respect of the proposed domain name.
4.2. All information/data stored on the server by the
Customer remains the property of the Customer, and the Provider in no way is
responsible for or claim ownership of this information/data.
4.3. Where the Provider is hosting the information/data
for the Customer, it will not make this information/data freely available to be
viewed by anyone other than whom the Customer permits; however, regular
maintenance of the Servers may result in authorized staff members accessing this
information/data for administrative purposes.
4.4 All content served or sent through the Service provided must comply
with all applicable Australian laws.
5. Indemnity
The Customer agrees to indemnify the Provider and its employees against any
action arising from the use of services.
5.1. Neither party shall be responsible for delays or
failures in performance resulting from acts beyond its control, such as acts of
God, acts of war, epidemics, civil insurrection, riot, power outages, fire,
earthquakes and other disasters.
5.2. The terms and conditions of this agreement
supersede any previous agreement, or statement of terms and conditions between
the Provider and the Customer.
5.3. By the use of the Service, the Customer accepts the
terms and conditions set forth in this agreement.
6. Termination
6.1 The Provider accepts four forms of payment; Direct Deposit, Credit
Card, PayPal and Cheque. The Provider must agree to any other form of payment
before it can be considered a valid payment method.
6.2 All payment must be received within 14 days of activation of service,
subsequent payments must be received within 7 days of the allocated billing
period. Failure of payment on time will result in instant Service Suspension and
if the payment is not received within a further 14 days the Service will be
terminated.
6.3The Billing Period begins the day of Service Activation.
6.4Customer requested termination of service can be done at any time.
Notification can be made using the methods listed on the Provider Contact page.
All outstanding payments must be paid at this time.
6.5 No refunds will be made outside those listed in section 2.2
7. Limitation of Liability
The Customer agrees that the Provider shall, under no circumstances, be liable
for any damages resulting from loss of profits, arising out of or in connection
with this Agreement. In particular, but not limited to, the Provider will not be
liable for the following:
7.1 interruption of the Customer's business
7.2 access delays or interruptions to any websites accessed by the
Customer
7.3 non-delivery, miss-delivery, corruption, destruction, or modification
of data
7.4 events beyond the Provider's reasonable control
8. Plan Alterations
8.1 The Provider is constantly reviewing its plans and may make changes
to reflect market changes. Customers not under a fixed term agreement will be
given 30 days prior notice.
9. Refusal of service
9.1 The Provider reserves the right to refuse, cancel, or suspend service
at its sole discretion.
9.2 All sub-networks, distributive hosting sites, and servers of both the
Provider and Customer must adhere to this agreement. Please direct any reports
of violations of the above policies to
abuse@studiocoast.com.au
9.3 Failure to follow any term or condition in this agreement will be
grounds for immediate account termination.
10. Law
This Agreement shall be governed by and construed in accordance with Queensland
law, and the Customer hereby submits to the non-exclusive jurisdiction of the
Queensland courts
11. Entire Agreement
These terms and conditions together with any documents expressly referred to in
them, contain the entire Agreement between the Provider and the Customer and
supersede any previous agreements, arrangements, undertakings or proposals,
written or verbal between the Provider and the Customer. No verbal explanation
or verbal information given by any party shall alter the interpretation of these
terms and conditions. In agreeing to these terms and conditions, the Customer
has not relied on any representation other than those expressly stated in these
terms and conditions, and the Customer agrees that the Customer shall have no
remedy in respect of any misrepresentation that has not been made expressly in
this Agreement.
Nothing in this agreement limits the Customer's statutory rights as a consumer
if applicable.
Agreement Version 112 - 2 July 2008