THE FOLLOWING TERMS & CONDITIONS APPLY ALL SERVICES PROVIDED BY MY NET SERVICES & PARTNERS. THESE SERVICES INCLUDE, WEB DEVELOPMENT & DESIGN, WEB HOSTING, DOMAIN REGISTRATION, 3D COMPUTER RENDERING, 3D COMPUTER IMAGING, 3D ANIMATION, VIDEOS, VOICE OVERS, ALL TYPES OF PRINT MEDIA, PHOTOGRAPHY
The following terms and conditions apply to all reseller and ISP contracts and provision of all Services, including Web Hosting and the registration of .com.au, .net.au, .com, .net domain names and sub-domain name, the special terms for which are set out below:
The terms of your Contract
These General Terms & Conditions apply to the provision of services by My Net Services (ABN# 38 012 093 862) (Igor Farbman, me, we, us, our) to you as a user and customer of our services (you, your).
1 Service availability
1.1 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.
1.2 In no event will we be liable to you for loss of data, or the inability to retrieve data, resulting from or incidental to the use of a Service.
2 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.
3 Indemnity
You agree to indemnify and keep indemnified and hold us harmless from and against any claim brought against us by you or a third party resulting from the provision of Services by us to you and your use of the Server all other services, 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.
4 Termination
4.1 We may terminate this agreement immediately forthwith if you fail to pay any sums due to us as they fall due for work or services outlined or mentined in this agreement that is provided by us to you. We may suspend all services immediately within an account prior to termination should any invoice in the account be outside of our trading terms.
4.2 We may terminate this agreement immediately if you breach any of these terms and conditions, or if you are a company you go into insolvent liquidation, or if you are a person you are declared bankrupt.
4.3 We may also terminate this agreement with immediate effect if you fail to comply with the End User Agreement (EUA) of a third-party supplier (Supplier) of Software or a Hosted Application.
4.4 On termination of this agreement (in relation to Website hosting) we shall be entitled immediately to block your Web Site and to remove all data located on it. We will hold such data for a period of 14 days and allow you to collect it, at your expense ($150/hr), failing which we shall be entitled to delete all such data. We shall further be entitled to post such notice in respect of the non-availability of your Web Site as we think fit.
4.5 On termination of this agreement we shall also be entitled to immediately cease any of our other Services to you (apart from Web Site hosting) without holding any backup data for retrieval by you.
4.6 Without limiting the section below on our Exclusion and limitation of liability, My Net Services will not be liable to you for any cost, expense, damage or loss whatsoever for terminating this agreement.
4.7 If the Supplier seeks to terminate your use of a Software or a Hosted Application for reasons other than your non-compliance with an EUA or these terms and conditions, My Net Services will use reasonable endeavours to honour the remaining period of any then current and existing right hereunder for you to use that Service but My Net Services will not otherwise be obligated to continue the Service if this is not possible or viable due to events beyond the reasonable control of My Net Services.
4.8 My Net Services shall not be liable for any delay or failure to perform its obligations pursuant to this agreement if such delay or failure is due to termination of access to the Hosted Application or to Software by the Supplier or a change by the Supplier to the conditions of supply thereof.
4.9 If you wish to terminate your account with My Net Services, you must do so by completing the online cancellation form, otherwise your account will be automatically renewed for the same subscription period and you will be liable for, and immediately invoiced upon the commencement of, such additional subscription period. Specifically, My Net Services will not accept verbal instructions to terminate an account. To submit the cancellation form, login to the console, select tab ?Service Administration? then click on ?Service Cancellation?. Submission of this online form will generate an automated email to the email address specified in the form, and within this email will be a unique tracking number that is the only proof of cancellation that will be accepted by My Net Services.
4.10 With the exception of items defined within clause 12, 30 Day Money Back Guarantee, My Net Services does not offer refunds or credits for new purchases in the event of termination or cancellation of these services
.4.11 In the event of customer requested cancellation of a renewed service, My Net Services will complete the cancellation request to your service at the first available opportunity, however we acknowledge the date of lodgement of the cancellation request (where we have provided a receipt ID) as the date of cancellation. Services are required to be cancelled prior to renewal, for cancellations submitted after the scheduled date of renewal there are no credits and no refunds.
4.12 30 Day Money Back Guarantee
The below products are eligible to participate in the 30 day money back guarantee program. Any product or service that is not explicitly included in this Clause is exempt from this Clause. All requests for the Guarantee, including the exemptions listed and other relevant conditions, will be considered and granted at the sole discretion of My Net Services .
Products and Services included in the Guarantee, are:
Domain
Manager, Business Email Hosting, Startup Cloud Hosting, Business
Plus Cloud Hosting, Enterprise Cloud Hosting, Mailroom (Basic, Pro &
Premium), VPS (VPS Cloud 1, VPS Cloud 2, VPS Cloud 4, VPS Cloud 8),
and Traffic Accelerator Pro. All other products and services are
explicitly excluded from the Guarantee.
In order to claim a refund:
4.1a A submission is required to
be made within 30 days from the date that the service was
provisioned as defined by the invoice creation date.
4.1b The sole method of requesting the Guarantee is by emailing us at; info@mynetservices.com.au Upon receipt of the email, you will automatically be provided an acknowledgment receipt with a unique identification number. Should this not be issued or received, the matter is treated as My Net Services having not received the request.
4.1c Upon receipt the client will be vetted for eligibility, clients found to be ineligible will be notified and sent the standard cancellation process.
4.1d Should a client be deemed eligible, the client agrees to provide us 10 working days to resolve any issue. Should at the end of the 10 days after consultation between both parties, the client remain unsatisfied with the outcome(s), My Net Services will provide a full refund on the purchase price.
4.1e My Net Services will only provide refunds to either the credit card used in the original transaction or by way of direct deposit to a nominated bank account. Under no circumstances will cheques be issued.
Ineligibility - 30 Day Money Back Guarantee
4.1f My Net Services will deem ineligible any request for the Guarantee, that we reasonably believe to be fraudulent; or
4.1g The customer does not respond to our communication after we contact them; or
4.1h The service on the claim has been used illegally or outside the terms of service (spam, trojan, resource abuse resulting in a suspension, or any other way we deem to be inappropriate, including a website being compromised due to a vulnerability of an application installed by the user); or
4.1i If the service has been discounted by greater than 20% from the normal published web prices.
Should the service purchased be part of a product and/or service bundle, that includes components that are ineligible for the Guarantee, only the eligible components in the bundle will be considered for refund as part of the Guarantee.
5 Payment
5.1 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 explicitly on the invoice shall be due and payable within thirty (30) days of receipt of our invoice for yearly subscription services therefore. Monthly subscription services require payment within 7 days of invoice issue.
5.2 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, forthwith and at our sole discretion, to suspend the provision of Services to you.
5.3 If you fail to make payment within the terms of this agreement, you will become liable for the cost of collection. This will include interest on any overdue amount, calculated at the daily rate of 12% per annum, from the due date of the payment.
5.4 Upon provision of a credit card account, you give us authorisation to automatically debit your credit card for all charges on issuance of a valid invoice.
6 Account fee
If you nominate that the good(s) or service(s) you have purchased to be invoiced, you will be charged a $4.40 account fee per invoice issued.
7 Late payment fee
If you exceed our thirty (30) days credit terms, you will be charged an $11.00 late payment fee. A revised invoice will be sent to your nominated e-mail address.
8 Exclusion and limitation of liability
8.1 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 OR REPRESENTATIONS 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, OUR RESELLERS, AGENTS, REPRESENTATIVES OR EMPLOYEES 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.
8.2 Our total aggregate liability to you for any claim in contract, tort, negligence, equity 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.
8.3 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, even if advised us to the possibility thereof. Nor will we be liable in any event for any damages including, without limitation, indirect, special, incidental, consequential or exemplary damages, arising out of or in connection to this agreement or the Services.
8.4 In no event will we be liable to you for loss of data, or the inability to retrieve data, resulting from or incidental to the use of a Service.
9 Important note:
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:
9.1 in relation to goods
9.1.a 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
9.1.b the repair of the goods or payment of the cost of having the goods repaired;
9.2 in relation to services:
9.a the supplying of the services again; or
9.b The payment of the cost of having the services supplied again as in each case we may elect.
10 Notices
Except where expressly provided otherwise, any notice to be given by either party to the other may be sent by either email, 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 email 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.
11 Severability
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.
12 Assignment
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.
13 Change to terms on renewal
We may change the terms and conditions of this Agreement at any time. Details of our current terms are available here. Any renewal of a Service will be in accordance with the terms and conditions in place as at that time.
14 Entire agreement
These terms and conditions constitute the entire agreement between My Net Services 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 My Net Services.
15 Entire agreement, governing law
In addition to general Account, Billing and Service communications, My Net Services will, from time to time, issue email notifications relating to our services, including, but not limited to Newsletters, Announcements, Promotional and Seasonal offers, and Surveys. By entering into agreement with these terms and conditions, you agree to receive email communications by inferred consent until such time as you decide to opt-out of such communications.
You will not be able to opt-out of Critical Service Notifications, Renewal, Billing and Account Notifications, Scheduled Downtime Notifications or any other communications deemed to be an essential part of our service to you.