Below are outlined the terms and conditions for using the website and any products or services that we offer.

The following links also outline in more detail some of our terms and conditions of use :
Terms and Conditions for members
Privacy policy
Refunds policy
Business Services Directory

Liability and Indemnity

WE ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE.

You shall indemnify us and keep us indemnified and hold us harmless from and against any breach by you of these terms of business and any claim brought against us by a third party resulting from the provision of services by us to you and your use of the services and the server including, without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred by us in consequences of your breach or non-observance of this Agreement.

Limitation Of Liability

All conditions, terms, representations and warranties relating to the Services supplied under this Agreement, whether imposed by statute or operation of law or otherwise, that are not expressly stated in these terms and conditions including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded.

Nothing in these terms and conditions shall exclude our liability for death or personal injury resulting from our negligence.

Our total aggregate liability to you for any claim in contract, tort, negligence 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.

In any event no claim shall be brought unless you have notified us of the claim within one year of it arising.

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

Third-Party Sites and Content

This site may provide as a convenience to you, links to Websites operated by other entities and persons, but makes no representations whatsoever about any other Web site which you may access. Any link to another web site does not mean that we endorse or accepts any responsibility for the content, or the use of such Website. If you use these sites, you do so at your own risk.

We make no warranty or representation regarding, and does not sponsor or endorse, any linked Websites or the information or materials appearing there on or any of products and services described there on. Furthermore, links do not imply that we are affiliated or associated with those parties.

Any opinions, statements, services, offers or other information or content expressed or made available in this website by any third party are those of the respective author(s) or distributor(s).


Privacy Policy

We are aware of the need to address Internet privacy issues and we believe you should be aware of how we intend to treat any information about you that we might receive on the Internet as a result of your visit to the Site.
To read our privacy policy in full click here.

Public Forums and User Submissions

The Website Owner is not responsible for any material submitted to the public areas by you (which include bulletin boards, hosted pages, chat rooms, or any other public area found on the website. Any material, whether submitted by you or any other user) is not endorsed, reviewed or approved by the Website Owner. The Website Owner reserves the right to remove any material submitted or posted by you in the public areas, without notice to you, if it becomes aware and determines, in its sole and absolute discretion that you are or there is the likelihood that you may, including but not limited to :-

Defame, abuse, harass, stalk, threaten or otherwise violate the rights of other users or any third parties;

Publish, post, distribute or disseminate any defamatory, obscene, indecent or unlawful material or information;

Post or upload files that contain viruses, corrupted files or any other similar software or programmes that may damage the operation of the Website Owner's and/or a third party's computer system and/or network;

Violate any copyright, trade mark, other applicable Australia or international laws or intellectual property rights of the Website Owner or any other third party;

Submit contents containing marketing or promotional material which is intended to solicit business.


Web Site Hosting And Email Services

We make no representation and give no warranty as to the accuracy or quality of information received by any person via our servers and we shall have no liability for any loss or damage to any data stored on our servers.

You shall effect and maintain adequate insurance cover in respect of any loss or damage to data stored on our servers.

You represent, undertake and warrant to us that you will use the Web Site allocated to you only for lawful purposes. In particular, you represent, warrant and undertake to us that;

You will not use our services in any manner which infringes any law or regulation or which infringes the rights of any third party, nor will you authorise or permit any other person to do so.

You will not post, link to or transmit:

(a) any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, blasphemous, profane or otherwise objectionable in any way.

(b) any material containing a virus or other hostile computer program.

(c) any material which constitutes, or encourages the commission of, a criminal offence or which infringes any patent, trade mark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction.

You will not send bulk email whether opt-in or otherwise from our network. Nor will you promote a site hosted on our network using bulk email.

You will not employ programs which consume excessive system resources, including but not limited to processor cycles and memory.

We reserve the right to remove any material which we deem inappropriate from your web site without notice. We do not host Warez, pronographic material or illegal MP3 content.

You shall keep secure any identification, password and other confidential information relating to your account and shall notify us immediately of any known or suspected unauthorised use of your account or breach of security, including loss, theft or unauthorised disclosure of your password or other security information.

You shall observe the procedures which we may from time to time prescribe and shall make no use of the Server which is detrimental to our other customers.

You shall procure that all mail is sent in accordance with applicable legislation (including data protection legislation) and in a secure manner.

In the case of an individual User, you warrant that you are at least 16 years of age and if the User is a company, you warrant that the Services will not be used by anyone under the age of 18 years.

Any access to other networks connected our website must comply with the rules appropriate for those other networks.

While we will use every reasonable endeavour to ensure the integrity and security of our servers, we do not guarantee that our servers will be free from unauthorised users or hackers and we shall be under no liability for non-receipt or misrouting of email or for any other failure of email.

Service Availability

We shall use our reasonable endeavours to make available to you at all times all our products and services, but we shall not, in any event, be liable for interruptions of Service or down-time of our servers.

We shall have the right to suspend the Services at any time and for any reason, generally without notice, but if such suspension lasts or is to last for more than 7 days you will be notified of the reason.

The Services provided to you hereunder and your account with us cannot be transferred or used by anyone other than you. No more than one log-in session under any one account may be used at any time by you. If you have multiple accounts, you are limited to one login session per system account at any time; user programs may be run only during log-in sessions. If your account is found to have been transferred to another party, or shows other activity in breach of this clause, we shall have the right to cancel the account and terminate the Services and/or this Agreement immediately.

Payments

All charges payable by you for our products and services shall be in accordance with the scale of charges and rates published from time to time by us on our web site and shall be due and payable in advance of our service provision. We reserve the right to change pricing at any time although all pricing is guaranteed for the period of pre payment.

Payments will be due on the dates indicated on your invoice or the dates the services were provided. If you choose to pay by credit or debit card you authorise us debit your payments from your card.

All payments must be in Australian Dollars , US Dollars, Euros or Maldivian Ruffiyas.

If your cheque is returned by the bank as unpaid for any reason, you will be liable for a "returned cheque" charge of AUD $25.00.
 
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 shall be entitled forthwith to suspend the provision of services to you.

If an account goes unpaid for at least ten days, an AUD $10.00 late payment fee will be applied.

If an account goes unpaid for at least thirty days, the account and its associated services are suspended. An AUD $30.00 charge will be applied upon account reactivation to cover administration costs.

Once an account has a suspended status, Access to files, databases and other content is explicitly denied. All files, databases and other content including the account itself is permanently deleted after fourty days of account suspension.

Should access to files, databases and other content be required before they are deleted, account reactivation will be required.

For information on how to order, the payment methods and currencies we accept, and our refund policy, please see Payment Options for more details.

In some cases you may be entitled for a refund on payments you have made. Please read our Refunds Policy for more information.

Termination

If you fail to pay any sums due to us as they fall due, we may suspend the Services and/or terminate this Agreement forthwith without notice to you.

If you break any of these terms and conditions we may suspend the Services and/or terminate this Agreement forthwith without notice to you.

If you are a company and you go into insolvent liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your creditors, we shall be entitled to suspend the Services and/or terminate this Agreement forthwith without notice to you.

No refunds will be made for Services suspended.

We reserve the right to suspend the Services and/or terminate this Agreement at any time.

You may cancel the Services at any time.

You may be entitled to a complete refund of all fees paid with the exclusion of dedicated server and data transfer fees should you decide to cancel the Services, as detailed under our Refunds Policy. You will not be entitled to a refund on this basis if you have previously had an account with us. It may be necessary to with hold refund under the Refunds Policy if the account has utilised excessive resources, this is at our sole discretion.

Where payment has been made by credit or debit card, any refund will only be issued to the same credit or debit card.

On termination of this Agreement or suspension of the Services we shall be entitled immediately to block your services and to remove all data associated with it.

Notices

Any notice to be given by either party to the other may be sent by either email, fax or recorded delivery 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 recorded delivery shall be deemed to be served two days following the date of posting.

Applicable Law

This Agreement shall be governed by and construed in accordance with Australian law and you hereby submit to the non-exclusive jurisdiction of the Australian courts.

Headings

Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.

Entire Agreement

These terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral: between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in this Agreement.

Changes, Ammendments and Revisions

We deserve the right to change these Terms and Conditions, and any of our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted will be posted on this page.

Comments or Questions.

If you have any questions, comments or concerns arising from the website, the privacy policy or any other relevant terms and conditions, policies and notices or the way in which we are handling your personal information please contact us.


Last updated : 12 April 2009