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.
"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.
2.1 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.
3. Refund Policy
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.
3.1. 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.
4.1 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
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
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.
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.
7.1 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.
8. Limitation of Liability
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
7.3 The Service Date ("Billing Period") begins the day the Service is first
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.
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
8.3 non-delivery, miss-delivery, corruption, destruction, or modification
8.4 events beyond the Provider's reasonable control
9. Plan Alterations
10. Refusal of service
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.
10.1 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
10.3 Failure to follow any term or condition in this agreement will be
grounds for immediate account termination.
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
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
Nothing in this agreement limits the Customer's statutory rights as a consumer
Agreement Version 203 - October 2011