Terms of Services

Use of SydneyWebs Services constitutes acceptance and agreement to both SydneyWebs’s Terms of Service and SydneyWebs’s Conditions of Use. The Terms of Service and Conditions of Use may be changed from time to time at the discretion of the Company. Subscriber understands that changes to the Terms of Service and / or the Conditions of Use by SydneyWebs shall not be grounds for early contract termination or non-payment by the Subscriber.

1. Term

Ongoing until 7 days written notice is given by either of the parties.

2. Service Cancellation

2.1 Cancelation by the clinet:

Service may be cancelled at any time by the client contacting us using Contact page see bellow: 2.3 “Cancelation Refund”

2.2 Cancelation by the provider

Service can be canceled anytime by the provider with a 30 standard days notice.

2.3 Cancelation Refund

SydneyWebs offers refund on the monthly hosting fees to the customer upon cancellation made prior to the first 30 days of the first payment for the Service, unless otherwise specified on the individual service page. This refund does not include any setup fees or domain name registrations.

SydneyWebs issues no refunds for cancellation of monthly subscriptions.

All 3 months, 6 months and annual plans can be cancelled at any time. Should the subscription be cancelled before the subscription due date, the Subscriber will be provided with a refund. The refund amount will be calculated based on monthly subscription term.

2.4 Cancelation -service provied by Provider are not paid

If payment is not done in 7 standard days from the anniversary date then the subscriber account will be suspended. If the payment is not done in 30 standard days from the anniversary date then the subscriber account will be deleted (canceled).
There is no backup done by Sydneywebs and all data will be lost.
However, based on individula agreemend, the backup of the website at spcific moment of time may exist on the provider system. The clinet can get a copy anytime. Recovery fee from $100 inc GST will be applied.
As long as the backup service is not part of the agreement then the clinet can never and under any circumstance ask for the very last version of his website or for any compansation because he has not get the last version or a specific version of his data suored under his account.

If the payment is not done by the anniversary date then every day a reminder is send to the subscriber until the payment is done or the account is deleted.

3. Fees

SydneyWebs does not extend credit to Subscribers. All services must be paid for in advance of service delivery. Subscribers will automatically be charged an amount equal to their next monthly service fees when they exceed their monthly transfer allotments, bandwidth commitments, or other pre-paid services and the charges will be reconciled at the end of the month.

Monthly fees and charges for extra metered services are automatically billed to your account. Subscriber is responsible for monitoring transfer, bandwidth and space utilization, and other metered services.

In order to prevent service interruption in the event that metered utilization exceeds pre-paid service level Subscribers must keep a valid credit card on file with SydneyWebs. Credit card information can be updated via your control panel.

Customers paying by credit card are charged the first business day prior to their account due date, allowing a minimum grace period of 48 hours after the first charge attempt before their service is interrupted. If a charge attempt is denied, there may be a declined credit card fee for each unsuccessful attempt. It is the responsibility of the customer to maintain current billing information to prevent these fees. If a successful charge cannot be made upon final notice, service will be suspended pending customer response. Customers may reactivate their accounts within 7 business days after suspension.

Customers paying by bank transfer or cheque must have all dues submitted prior to account due dates. Annual Payment is required in order to pay by cheque. There is a $50.00 minimum transaction amount on all bank transfer transactions. Returned cheques will result in suspension of service and will incur a $50.00 returned cheque charge, in addition to any service reestablishment fees applicable in order to reconnect suspended service.

All invoices are due upon receipt and will be considered overdue 10 days past the date received. A late fee of 1% per month will be charged on any overdue invoices.

All fees described above must be paid in addition to the cost of services ordered to establish or maintain a customer account. SydneyWebs does not issue refunds or credits except as explicitly specified within this Terms of Service.

If the Subscriber has not fulfilled its dues to SydneyWebs, the Service will be terminated after 30 days of the initial suspension date.

4. Adherence to Conditions of Use

Subscriber agrees not to allow SydneyWebs equipment and services to be used for activities specifically prohibited by the SydneyWebs Conditions of Use posted at here It is the Subscriber’s responsibility to review this agreement prior to executing this contract. The Conditions of Use may be updated from time to time and it is the Subscriber’s responsibility to regularly check for updates.

Subscribers must not allow SydneyWebs resources to be used for SPAM or Unsolicited Commercial Email (UCE), hosting of content advertised by UCE, perpetration of security breaches or hacking, network attacks, illegal activities, pornography and child pornography, gambeling and fraudulent activity, Trademark or Copyright infringement, virus distribution, and like activities.

Subscriber agrees to compensate SydneyWebs for any expenses Quadra Hosting may incur resulting from Subscriber’s violation of the posted Conditions of Use, including any fines, fees, legal expenses, and labor for investigation and resolution. The cost of any investigations will be charged to the Customer at AU$120 per hour during normal business hours. Emergency investigations are charged double-time at AU$240 / hour with a one hour minimum.

Subscriber is responsible for any activity conducted on their account, including unauthorized activity by hackers. This includes any Conditions of Use violations or bandwidth or transfer usage caused by hackers. SydneyWebs will endeavor to assist Subscriber but SydneyWebs is not responsible for protecting Subscribers from hackers and their actions and use of Subscriber’s account.

SydneyWebs does not monitor Subscriber content and activities but reserves the right to disable service or remove content pending investigation of possible Conditions of Use violations without first giving notice.

SydneyWebs does not issue refunds for terminating service due to suspected Conditions of Use violations.

5. Ownership of Data, Software, Hardware and IP addresses:

All software, hardware and IP addresses provided by SydneyWebs are leased to the Subscriber and remain the property of SydneyWebs and/or its suppliers. SydneyWebs reserves the right to change any network infrastructure, software, hardware and IP addresses at its sole discretion.

Subscriber will provide and transmit to the system software, data and content to be uploaded to the servers and accessed by the general public via the Internet. Upon termination of this agreement, Subscriber agrees to remove all uploaded software, data and content prior to the termination date of the contract. SydneyWebs will not be responsible for providing access or copies of the software, data or content stored on the system after the final termination date.

6. Service Levels

SydneyWebs may interrupt service to perform maintenance. SydneyWebs will use its best efforts to inform Subscriber before interrupting service to insure that access loss is minimized. In the event of software or equipment malfunction or failure, SydneyWebs will provide its best efforts to repair the system as quickly as possible.

In the event that SydneyWebs suspects that server security has been breached, SydneyWebs reserves the right to disable the server and/or the account in order to facilitate investigation and recovery in coordination with Subscriber.

Subscriber agrees that SydneyWebs shall not be responsible for any service interruptions.

For more information on SydneyWebs’s Service Level Agreement, please see

7. Limitation of Liability, Indemnification

Upon the discovery of facts which reasonably indicate that SydneyWebs has breached the terms of this agreement or otherwise failed to perform its obligations under this Agreement, been negligent, or otherwise breached legal duty, Subscriber shall promptly notify SydneyWebs of such facts and follow up any such verbal notification with a written notice within 30 days of such discovery. The failure to give the foregoing notices shall constitute an irrevocable waiver of all claims and causes of action. Subscriber must commence any legal action against SydneyWebs with respect to this Agreement within 12 months after the incident giving rise to the claim or cause of action, regardless of when the incident is discovered. If proper notification is given to SydneyWebs as requested by Subscriber anytime during the twelve (12) month period following such notification, SydneyWebs shall at its sole discretion and option (i) revise or repeat free of charge the service affected by the failure of performance, negligence or breach, or, (ii) terminate this Agreement and pay Subscriber for all incidents, problems, and/or failures up to a maximum of all sums paid to SydneyWebs for service fees. Payment will be made via company cheque from SydneyWebs. The remedies set forth in this paragraph are Subscriber’s sole and exclusive remedies should SydneyWebs breach the above express warranty or otherwise fail to perform its obligation under this Agreement, be negligent or in breach of legal duty.

The parties acknowledge and agree that SydneyWebs shall not be held liable for any consequential damages, including without limitation loss of use or loss of profits, incurred by Subscriber, Subscriber’s Subscriber or customer or its subsidiaries or successors, regardless of whether such damages are sustained based upon as alleged breach of contract, negligent act, or omission.

SydneyWebs is not responsible for data or content maintained and distributed by SydneyWebs facilities. THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS AND CUSTOMER’S USE OF THE SERVICES IS AT ITS OWN RISK. SydneyWebs DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL OTHER EXPRESS AND/OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. SydneyWebs DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

8. Miscellaneous

The agreement contains the sole and entire agreement of the parties with respect to the services to be provided by SydneyWebs, and any and all prior or contemporaneous communications, negotiations, commitments, and understandings related thereto are hereby merged herein.

SydneyWebs reserves the right to amend or otherwise change this agreement by publishing the updated service agreement on the Terms of Services. Subscriber may reject the revised agreement and cancel service with 30 days written notice if the amended terms are not acceptable to the Subscriber.

This Agreement shall be construed and enforced in accordance with the laws of the State of NSW, Australia with respect to transactions entered into and to be performed entirely within the State of NSW Australia.

All written communications shall be directed to the Subscriber using the contact information provided to SydneyWebs at the time of order unless otherwise instructed in writing by Subscriber. All fees due SydneyWebs should be mailed to 20 Gibbon Rd, Winston Hills NSW 2042.

Subscriber has reviewed the current Conditions of Use and this Terms of Service and Subscriber and SydneyWebs hereby agree by making use of the SydneyWebs service.

 

Revision 1.0.2 from 15/10/2010

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