100% Australian Windows Web Hosting
  • Terms and Conditions

Where the context admits: "Provider" is STUDIOCOAST PTY LTD (ABN: 53 143 039 070 ). "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
Any action that interferes with and/or causes degradation of Service to other Customers is strictly prohibited.

2.3 Game servers, Proxy Servers and any software associated with the IRC protocol are not permitted.
3. Refund Policy
3.1. 30 Day Money Back Guarantee. If within the initial 30 days of service the Customer is not satisfied with the service, the Provider will offer a full refund.

3.2 Uptime Guarantee. The Customer may qualify for an uptime guarantee 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.

3.3 Domain Registration. Refunds are available for Domain Names that have not yet been registered.

3.4 All other refunds will be made at the sole discretion of the Provider.
4. Co-location
4.1 Servers purchased in full by the Customer either from the Provider or a 3rd party remain the property of the Customer at all times.

4.2
Escorted access to servers will be granted to the Customer where required.

4.3 The Customer shall pay all fees and charges associated with the plans subscribed to under this agreement.

4.4 The Customer shall pay all fees and charges for the entire duration of the agreement as set out in the pricing schedule.

4.5 The Provider shall honour the pricing schedule for the duration of the agreement.
5. Content
5.1 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.

5.2 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 claims ownership of this information/data.

5.3 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 (but, of course, to the extent to which a customer may encrypt such information/data, it will not be readable).

5.4 All content served or sent through the Service provided must comply with all applicable Australian laws.

5.5 Any content deemed to be objectionable or offensive is not permitted. The Provider shall be the sole arbitrator of what constitutes objectionable and/or offensive content and includes, but is not limited to; content that is sexual, violent or illegal in nature.
6. Indemnity
The Customer agrees to indemnify the Provider and its employees against any action arising from the use of services.

6.1 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.

6.2 The terms and conditions of this agreement supersede any previous agreement, or statement of terms and conditions between the Provider and the Customer.

6.3 By the use of the Service, the Customer accepts the terms and conditions set forth in this agreement.
7. Termination
7.1 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.

7.2 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.

7.3 The Service Date ("Billing Period") begins the day the Service is first activated.

7.4 Customers may request termination of the Service 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.

7.5 No refunds will be offered outside those listed in section 3.
8. 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:

8.1 interruption of the Customer's business

8.2 access delays or interruptions to any websites accessed by the Customer

8.3 non-delivery, miss-delivery, corruption, destruction, or modification of data

8.4 events beyond the Provider's reasonable control

9. Plan Alterations

9.1 The Provider is constantly reviewing its plans and may make changes to reflect market changes. Customers not under a prior fixed term agreement will be given 30 days notice.

10. Refusal of service
10.1 The Provider reserves the right to refuse, cancel, or suspend service at its sole discretion.

10.2 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

10.3 Failure to follow any term or condition in this agreement will be grounds for immediate account termination.
11. 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

12. 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 203 - October 2011