eXpressWebsites reserves the right to suspend or cancel an account holder's access to any or all services provided by eXpressWebsites when eXpressWebsites decides (at its absolute discretion) that the account has been used in contravention of the Acceptable Use Policy, inappropriately used or otherwise.
1. ACCEPTABLE SERVER USE
Personal - BUSINESS accounts are to be used by the account holder only. Personal account holders are not permitted sell, resell, store or give away web-hosting services to other parties. Web hosting services are defined as allowing anyone other than the account holder to host content on the owner's web site, with the exception of ad banners, classified ads, and personal ads.
eXpressWebsites reserves the right to refuse service and/or access to its servers to anyone.
eXpressWebsites reserves the right to terminate or restrict access if
- 1a. Any out of date software is used on the server where updates or security patches are available . This may compromise the servers and network and other customers.
- It is your responsibility that the software driving your website (cms) is kept upto date "Note- This is NOT included as part of the hosting".
- 1b. Note: this includes any plugins - modules - or componentes of software in use on the servers that are identified as being security vulnerable.
eXpressWebsites do not allow any of the following content to be stored on its servers:
- Illegal material, including copyrighted works, commercial audio, video, or music files, and any material of any type in violation of any Federal, State or Local law or regulation anywhere in the world.
- Scripts - Any Script that may create a load on the server.
- Adult material, including pornography, erotic images, or otherwise lewd or obscene content of any type. What constitutes "adult material" is entirely at the discretion of eXpressWebsites.
- Warez, including pirated software, ROMS, emulators, phreaking, hacking, password cracking. IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide "links to" or "how to" information about such material.
2. BANDWIDTH
Each account has an allocated site bandwidth allowance. If this is exceeded contiguously by a rate of 10% or more, the account holder is liable for the cost of the exceeded bandwidth amount. Bandwidth is monitored and eXpressWebsites reserves the right to remove sites that exceed their bandwidth allowance without notice. Excess bandwidth is charged at the rate of $15.00 per GB per month in excess of that allowed for the account holder.
Please Note The total bandwith is made up of a combination of email, http "website", ftp up and down ie all traffic incurred by the account.
3. HIGH RESOURCE USER POLICY
Resources are defined as bandwidth and/or processor utilisation. When an account is found to be excessively using the resources available, eXpressWebsites reserves the right its sole discretion, to suspend that account immediately. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers. Where appropriate, account holders may be offered an option whereby eXpressWebsites continues hosting their account for an additional fee.
4. PAYMENT POLICIES
All accounts are set up on a prepay basis.
Upfront payment of 12-month contract option is non-refundable if you terminate the service before the end of the term.
The Monthly Payment option is a month-by-month contract, which can be terminated on one month's notice in writing
4.1. Although eXpressWebsites reserves the right to change prices of accounts or services at any time, all pricing is guaranteed for the period of prepayment. Payment is due either on each yearly anniversary or monthly on the first day of each month. Part months will be charged pro rata from the date the account was established.
4.2. All accounts are automatically renewed at the end of each prepaid period unless written closure notification is received (and such receipt is confirmed by eXpressWebsites to the account holder) at least 15 days prior to the end of the prepaid period to the email address .
4.3. Where the account holder provided debit or credit card details and the debit is declined, eXpressWebsites may immediately suspend the account until outstanding charges are processed successfully. In addition, eXpressWebsites reserves the right to suspend other services until the outstanding charges are paid. The account holder is responsible for all outstanding charges on the account.
4.3a. eXpressWebsites reserves the right to cancel any automatic payment if the debit is declined more that twice, see also point 4 below.
4.4. The account holder we reserve the right be charge a $30 administration fee for any declined or dishonored payment, and to invoice the client a ‘cheque refusal / declined or dishonored payment’ charge of $30 .
4.5. All invoices will be sent directly to account holders via e-mail. Bills or invoices will be sent by regular mail on request - these incur a book keeping fee of $15.00.
5. OVERDUE PAYMENT POLICIES
5.1. All Accounts must be in up to date at all times at all times eXpressWebsites reserves the right to temporary suspend an account if it is over due. Once the account is up to date the account will be made active. see 9.3 Suspended Account Re-Activation Fee
5.2. eXpressWebsites reserves the right to use bailiffs and or debt collection agencies of our choosing when recovering monies or other materials owed to us.
The client will be liable for the cost of debt recovery.
OVERDUE PAYMENT ABANDONMENT OF HOSTING SERVICES
5.3.1 Where an account has been suspended for eight weeks or more for non-payment of the account, the account is deemed to have been abandoned. eXpressWebsites reserves the right to remove from its servers all files and databases related to the account, the files will be backed up and will be made available subject to copyright and pro rata payment of the account due. A notice of abandonment of hosting services will be e-mailed prior to the removal of files.
6. PAYMENT OPTIONS
In order to streamline our accounting procedures and keep costs down eXpressWebsites runs a limited number of payment options.
Monthly Accounts - Automatic account debit using our third party Payment Technologies - A credit / debit card authority is required- Credit / Debit Cards / Mastercard / Visa.
Bank transfer - On Invoice
Cheque Payment - This option is only available to account holders who pay annually.
A credit / debit card authority is required if account holders require the facility to purchase domains and other services on-line. eXpressWebsites cannot guarantee that a service will be provided until after payments have been cleared.
7. CANCELLATION AND REFUNDS
eXpressWebsites reserves the right to cancel the service at any time if it believes the account is being misused, account holders are not entitled to any refund. Account holders may cancel their account at any time. Any incentives offered to account holders when opening the account will also be cancelled.
Account holders may be given the option to purchase services which were offered as start-up incentives in the result of a cancellation.
Fees charged on a prepay basis are non-refundable. In addition some accounts incur set-up fees, these charges are also non-refundable.
8. Domain Names
eXpressWebsites do not sell Domain Names
The account holder may be given a free domain name with each package as a special promotion except under the following circumstances;
- .AU domain purchased
- domain transferred.
- VPS packages
9. Extra Charges
These only apply under the following terms:
9.1 Package Change - $30
9.2 Package Domain Change - $40
9.3 Suspended Account Re-Activation Fee - $30
9.4 Dishonored or Declined Payment Fee - $30
9.5 Restore from Backup - $70+ gst (after hours call out and if required data centre call out fees are apply)
9.6 Manual Backup of Site Data or Database - $80
9.7 Supply of Site Data or Database suitable for moving to another service (re-set site administration settings for security reasons ) - electronic $140 hard copy on CD $180 plus express postage $16.
9.8 Security updates to software on our servers this is your responsibility to keep them up to date if you want us to do it $95 + gst per update per insallation
Supply of other services not covered by this document by written acceptance of quotation
Note:Prices quoted are ex GST our overseas customers are not charged GST
10. GOVERNING LAWS
The agreement between you and eXpressWebsites shall be governed in all respects by the laws of Victoria Australia. The parties to irrevocably submit to the non-exclusive jurisdiction of the courts of Victoria Australia. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of each section.
11. SEVERABILITY
Each provision of the agreement between you and eXpressWebsites including these terms and conditions are severable and if provisions of this agreement or terms of service are held to be invalid or unenforceable such provisions may be removed and the remaining provisions may be enforced.
12. INDEMNIFICATION
The account holder agrees that it shall defend, indemnify, save and hold eXpressWebsites harmless from any and all demands, liabilities, losses, costs and claims, including legal costs (on an indemnity basis or solicitor/client basis, whichever is higher) claimed or asserted against eXpressWebsites, its agents, its account holders, officers and employees, that may arise or result from any service provided or omitted, performed or agreed to be performed or any product sold by account holder, its agents, employees or assigns. The account holder agrees to defend, indemnify and hold harmless eXpressWebsites against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with eXpressWebsitess' servers; (2) any material supplied by the account holder infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement; (4) any defective products sold to account holder from eXpressWebsites' server and any defamatory or allegedly defamatory material on eXpressWebsites servers.
15. DISCLAIMER
eXpressWebsites will not be responsible for any damage, loss or liability the account holder or any third party may suffer. eXpressWebsites makes no warranties of any kind, expressed or implied for services we provide. eXpressWebsites disclaims any warranty or merchantability or fitness for a particular purpose. The includes loss of revenue, profits or data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by eXpressWebsites and its employees or otherwise.
eXpressWebsites reserves the right to revise its policies at any time.
Modified 29-10-2015
- I/We understand and agree to be bound by the Terms and Conditions set out herein.
