Definition of Terms
· "We," "us" or "FNA" - refer to Fox Network Administration
· "Client," "you," "your," "customer" or "user" - User of the service:
· "User" - refers to a user of the service who has not obtained it as a customer, but via a customer who is authorized to resell the services such as an FNA partner
· "Service" - refers to all products and services offered by FNA from time to time, which you use
These are the Standard Terms And Conditions of Supply of Fox Network Administration's website hosting and any other services offered at any time on the Fox Network Administration ("we") website at www.foxnetwork.com.au ("the service").
These terms apply to you as a user of the service ("client" or "you"). Please read these terms and conditions carefully. It is a condition of your use of the service that you comply with these terms and conditions.
1. Terms And Amendment Procedure
1.1 These are the terms upon which we agree to provide the service to the client. The agreement made between us with these terms commences on the date your order for services was accepted by Fox Network Administration ("FNA").
1.2 Please look out for any amendments to these Terms and Conditions that Fox Network Administration ("we") might make in the future.
1.3 We may vary these terms, the amount we charge for any service, or the terms of the operation of the service, at any time by general notice on a page of the Internet referred to on the home page of our website at www.foxnetwork.com.au. The changes will become effective upon publication of the notice. Where we vary the prices for services, we will give at least 14 days notice of the change by the same means, and the new prices will apply at the end of that period.
1.4 If you use the service after that publication, your use will constitute an acceptance of the amended terms.
1.5 These terms constitute the agreement in its entirety and supersede prior agreements.
1.6 We may from time to time run promotions and make special offers of limited time duration ("Promotions"). All Promotions are offered subject to their terms and may be withdrawn or altered at FNA's discretion. The terms of a promotion will override these terms to the extent of any inconsistency.
2.1 We will assign the client a logon name and password, which will provide you with access to the FNA Site Administration. These are used by you to configure various features of your website and/or email services. FNA will provide the client with website hosting and/or email services as per the package you have selected from the FNA website: http://www.foxnetwork.com.au
2.2 Maintenance - We may perform scheduled or unscheduled maintenance to servers from time to time. We will attempt to perform all scheduled maintenance as soon as possible. If scheduled maintenance requires the service to be off-line for more than 60 minutes we will email you details of the scheduled maintenance at least 24 hours in advance of the maintenance. We will endeavor to inform you by email of unscheduled maintenance in advance.
2.3 In contracting with FNA for the services, the client obtains no rights to the hardware and/or other infrastructure and facilities used by Fox Network Administration to deliver the service.
2.4 In the absence of any additional written agreement, these terms (as varied from time to time) will apply to any further services you acquire from FNA.
3.1 You must pay for the service as notified to you by FNA in accordance with the prices in force for services at any time.
3.2 You must pay all service time charges, minimum charges and other amounts incurred by you or any designated users or incurred as a result of any use of your password (whether authorized or not) in accordance with the billing option selected and in advance.
3.3 Prices published on our website are inclusive of any government taxes or charges unless otherwise noted, and exclusive of any registration or delegation charges imposed by domain name authorities, etc.
3.4 In addition you must provide and pay for:
(i) The installation and use of telephone lines and all other equipment needed to access the service; and
(ii) All government taxes, duties and levies (if any) imposed on either you or us in respect of the services or any other service or goods supplied.
3.5 You must pay all amounts billed in accordance with your chosen billing package. No credit terms are given to credit card accounts. Upon registration of a credit card account, you give us authorization to debit your credit card for all charges. The billing period is on a Monthly and a twelve (12) monthly cycle commencing when you register.
3.6 You consent to us retaining a credit-reporting agency to provide us with your personal information (as well as information concerning commercial creditworthiness and activities) for the purpose of assessment by us of an application for credit (whether commercial or personal) or for the purpose of the collection of payments which are overdue.
4. Warranties And Liabilities
4.1 We do not warrant that:
(i) The services provided under this agreement will be uninterrupted or error free; or
(ii) The services will meet your requirements, other than as expressly set out in this agreement; or
(iii) The services will be free from external intruders (hackers) or other persons having unauthorized access to the services or systems of FNA.
4.2 Except as expressly provided to the contrary in this agreement, all warranties whether express, implied, statutory or otherwise, relating in any way to the subject matter of this agreement, are excluded. Where any statute implies any term into this agreement, and that statute avoids or prohibits provisions in a contract excluding or modifying the application of or liability under such a term, then the term will be taken to be included in this agreement. However, our liability for any breach of the term will, if permitted by that statute, be limited, at our option, to the re-supply of the services again; or payment of the cost of having the services supplied again.
4.3 Except under clause 4.2, FNA will not be liable to the client for:
(i) Any loss or damage in respect of the provision of its services or any costs, claims, loss or damage of any kind resulting from the fraudulent, negligent or otherwise unlawful behavior of the client; or
(ii)Any costs, claims loss or damage arising from any information, data or other material provided to FNA by or on behalf of the customer.
4.4 You warrant that:
(i) At the time of entering into this agreement you are not relying on any representation made by us which has not been stated expressly in this agreement, or on any descriptions or specifications contained in any other document, including any catalogues or publicity material which we have produced; and
(ii) You will conduct such tests and computer virus scanning as may be necessary to ensure that data uploaded by you onto or downloaded by you from the server does not contain any computer virus and will not, in any way, corrupt the data or systems of any person; and
(iii) You will keep secure any passwords used to upload data to the server; and
(iv) You hold and will continue to hold the copyright in the client data or that you are licensed and will continue to be licensed to use the client data.
4.5 You accept responsibility for all information and material you issue over any service, and indemnify us and hold us harmless against any liability in relation thereto. In particular you undertake that you shall not publish or issue any information that is illegal or defamatory. You also acknowledge that we do not check or approve any information or material available through the service and that we do not accept any liability for the information contained on your website or traffic flowing through each site. To the full extent permitted by law you access and use such information and material at your own risk.
4.6 You agree to abide by our Acceptable Use and Privacy policies that are located at www.foxnetwork.com.au and you agree that the terms of those two policies form part of this agreement between you and FNA.
4.7 You are solely responsible for dealing with persons who access the client data, and must not refer complaints or inquiries in relation to such data to us.
4.8 Except as provided in clause 4.2 we are not liable to you or any other person for:
(i) Any cost, loss or liability (including loss of profit or other consequential damage) arising from our supply or failure or delay in supplying the service, or
(ii) The content, context or confidentiality of any communications made using the service, or
(iii) Any loss or damage caused by third party software applications forming part of the service.
4.9 You indemnify us against all costs, expenses, loss or liability that we may suffer (directly or indirectly) resulting from:
(i) Your breach of these terms, or
(ii) Your use or misuse of the service, or
(iii) The use or misuse of the service by any person using your account, or
(iv) Publication of defamatory, offensive or otherwise unlawful material on any website forming part of your service.
5. Suspension And Termination Of Service
5.1 FNA may from time to time without notice suspend the service or disconnect or deny your access to the service:
(i) During any technical failure, modification or maintenance required to the service provided. We will use reasonable endeavors to procure the resumption of the services as soon as reasonably practicable, or
(ii) 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 affect of jeopardizing 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.
5.2 FNA may without notice to you remove, amend or alter your data upon being made aware of:
(i) Any claim or allegation, or
(ii) Any court order, judgment, determination or other finding of a court or other competent body, that the data is illegal, defamatory, offensive or in breach of a third party's rights.
5.3 If your account is closed you must pay all outstanding charges immediately and we may delete all client Data from any storage media.
6. Backup Terms
6.1 Archiving of Data - FNA will archive your data onto backup mechanisms on a regular basis for the purposes of recovery. In the event of equipment failure or data corruption, we will restore from the last known good archive. In the event of corruption of all of our archives, or in the event that an old archive is used to restore data, you should be prepared to upload your data to your website. You must maintain a recent copy of your data at your premises at all times. FNA will not be liable for incomplete, out of date, corrupt or otherwise deficient client data recovered from our backups.
6.2 This backup does not include user names and passwords and it is the customer's responsibility to keep a record of their usernames and passwords at all times.
6.3 Every effort is taken to ensure all user data is backed up, however in the event of backup corruption or loss of user data by any other means, FNA cannot be held responsible for any data loss, income loss, or potential income loss or injury incurred by the client and it is the sole responsibility of the client to ensure regular backups of all client data are performed.
7. Billing Cycle
7.1 FNA offers 12 monthly billing cycles as well as monthly
7.2 Payment for all billing cycles is always due upfront/in advance, and must be received by FNA at least by the payment due date to avoid interruption in service. The payment due date is always the last day of your previous billing period. It is the user's responsibility to ensure payment due date is met. If the payment due date is not met, the account in question may be suspended without advance notice.
7.3 Accounts paying by credit card are billed on the 1st day of each billing period.
8. Cancellation of Accounts and Refund Procedures:
8.1 Notice of cancellation of an account must be given in writing (email) a full thirty (30) working days in advance before the end of any current billing period. Failure to provide sufficient notice of cancellation will result in payment of the client's next installment becoming due and payable, whether or not the account has been cancelled.
8.2 Notice of Transfer of a Domain Name /Hosting must be given in writing (email) a full thirty (30) working days in advance If the Domain was linked to an active account otherwise a cancellation and removal fee $125 is payable to FNA.
8.3 As our minimum contract for all web hosting services is 12 months, there are no refunds given for unused portions of any 12 month period. If notice of cancellation is received within the proper timeframe of tweenty one (21) days in advance before the end of any 12 month period, the account will be cancelled at the end of that current period.
8.4 Cancellation requests should be sent via email to email@example.com
9.1By visiting and using the information on the website www.foxnetwork.com.au you agree to the following:
(i) You accept all risks and responsibility for losses, damages, costs and other consequences resulting directly or indirectly from using this site and any information or material available from it.
(ii) To the maximum permitted by law, FNA excludes all liability to any person arising directly or indirectly from using this site and any information or material available from it.
10.1 The client grants to FNA a license to use and reproduce all client Data in order to fulfill its obligations under this agreement. In this agreement "client Data" means all information, data, text, logos, images, audio, movie clips and/or content in any form that forms part of the client's web sites or emails.
10.2 A provision of, or a right created under this agreement, may not be waived except in writing signed by the party granting the waiver, or varied except in writing signed by the parties.
10.3 The law in force in Queensland, Australia governs this agreement and the transactions contemplated by this agreement.
10.4 You may not resell services or assign your rights and obligations under this agreement without our prior written consent.
10.5 Submission of any web hosting order form on the www.foxnetwork.com.au website, or upon communication to FNA of your oral, written or email acceptance of these terms and conditions, indicates your understanding and acceptable of these terms and conditions.