Terms of Service

These Terms of Service form part of, and must be read together with the WebClick Web Site Hosting Application Form. WebClick is a trading name of The trustee for The Tembo Trust, hereafter referred to as WebClick.

It is a condition of applying for any WebClick Hosting Service that you (the Client) read, understand, and accept the following Terms of Service.

Services

WebClick’s web site hosting service will be operational according to the specifications of the service chosen and to the Terms of Service.

Occasionally, scheduled downtime and circumstances beyond our control may cause your web site or email to be unavailable. We will make all reasonable endeavors to keep “downtime” to a minimum. You agree to not hold WebClick liable for any losses, including financial, due to the failure of any such web site, email and/or other services provided by WebClick. However, if WebClick does not maintain an “uptime” for over 99% in any given month for web site or email hosting services, you may apply for a refund for that month’s service.

Payment of Account

At its discretion, WebClick may issue invoices via post, facsimile or email. You agree to pay all amounts invoiced by WebClick within 14 days of the date of invoice. If the payment is not received within 14 days, WebClick reserves the right to issue a written warning and then discontinue all services if payment is still not received within a further 14 days, and recoup all moneys owing, including 10% per annum interest calculated monthly from the due date of the invoice through to the date that payment is made, and any legal or other recovery costs incurred in recovering the debt.

Changes to Account

Contracts and billing are on a monthly, quarterly or yearly basis, depending upon the service. Your hosting account will be re-billed until you request closure of your account and this is acknowledged in writing by WebClick. If you do not contact WebClick to advise of account closure, invoices for web site hosting will still require payment.

WebClick will give you no less than 30 days notice of any changes to the terms and conditions of your service, unless these changes are deemed to be to your advantage. Notice will be provided to you via post, facsimile or email, at WebClick’s discretion.

Your account may be terminated upon 30 days notice, by either party. Notification of cancellation of an account must be via an authorised company contact, and must be provided in writing via email, mail or facsimile, at the discretion of the cancelling party.

If your account is cancelled, you may request a pro-rata refund for any amount you have pre-paid, but only for the time remaining in your account period, minus an administration fee. If the refund owing is less than $50 AUD, no refund will be provided.

Privacy

Your web site and email content is your business. Only in the event that WebClick is served with a legally valid takedown order will we exercise censorship of your web site, with the exception being if the account is cancelled by WebClick.

However, it is a condition of the Terms of Service that you ensure the content of your web site and your use of the service does not infringe any Australian law or those in any other location in which you are conducting business.

While every domain’s contact details are available through Internet Domain records, your personal billing details or web site hosting account activity logs will not be released without your permission, except in the case of legal compulsion such as a court order.

Trademarks

All trademarks and other copyrighted material remain the property of their respective owners.

Liabilities

WebClick’s “anti spam” policy forbids the use of WebClick email facilities for the sending of unsolicited commercial email such as advertisements for products and/or services, unless the receiver has specifically given their permission to receive such emails. Such activities are also contravened by Australian Federal Law under the Spam Act 2003 and the Spam (Consequential Amendments) Bill 2003. WebClick may withdraw your hosting service without notice if you violate this policy and/or law.

All activities and information hosted or transmitted from this service, whether by web site hosting, email or by other means, should not violate copyright law, defraud or defame people and/or organisations, or violate any other law either existing or coming into effect law during the period of the service. This includes, but is not limited to, the use of services supplied to illegally enter another computer system or disrupt the exchange of data. Violation of the policy may result in withdrawal of your hosting service without further notice.

You agree to not hold WebClick liable for any losses, including financial, due to copyright, legal or other infringement resulting from your web site or use of the service. You further agree to indemnify WebClick from any action by third parties resulting from your web site or any other use of your web site hosting service.

WebClick operates secure hosting servers and take all reasonable care in the protection of date on these services. However, you agree that WebClick does not accept any legal responsibility or legal liability for the security of data hosted or transmitted from its servers. Further, you agree that WebClick will not be held jointly or severally liable for claims of damage or loss arising from unauthorized viewing, copying, modification or any other use of such data, whether by your or by a third party.

You agree that under no circumstance shall WebClick be responsible for end-user traffic or telephony charges. You hereby indemnify WebClick against all and any liability relating thereto, either from yourself or any third party due to misuse by yourself or any third party of the service supplied. Misuse of any supplied services may result in WebClick canceling your service without notice.

Please note, if your web site is subject to a directed network attack, such as a Denial of Service (DoS) attack, WebClick will undertake reasonable countermeasures to resolve this issue. However if the issues cannot be resolved in a reasonable time frame, it may be necessary to temporarily suspend your hosting account until the attack ceases. You will be advised if this is necessary.

Technical Support

Technical support is available during normal business hours, 8:30am to 5pm +8 GMT, Monday through Friday, excluding Western Australian public holidays. This support is provided by sending emails to support@webclick.com.au or by telephoning the WebClick office. Failure of services may be reported at any time via an after hours paging service available through the office phone number. Please be aware after hours support charges may apply if the issue being reported does not lie with WebClick's services.

All support given by WebClick staff is deemed correct only by the information presented and is provided in good faith. However, you agree that WebClick will not be liable for claims or damage or loss arising from any support provided.

Please note, technical support is generally only provided to the registered Accounts Contact and Technical Contact listed on this form. Support may be provided to other contacts on request at WebClick’s discretion.

Jurisdiction

The Terms and Conditions as outlined in this Terms of Service and the WebClick Hosting Application Form of which is forms a part, shall be governed by the laws in force in the state of Western Australia and you and WebClick hereto submit to the exclusive jurisdiction of the Courts of this State.