(ABN 57 063 809 947)
These are the Standard Terms Of Service for design, hosting, SEO and other services offered from time to time on our website at www.homepagedevelopment.com.au (“the Service”). These terms apply to you as a user of the Service (“customer” 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 conditions
1.1 HomePage Development (“we”, “our” or “us”) provide hosting services, we are not an internet service provider.
1.2 This agreement sets out the terms and conditions on which we offer hosting services to the Customer.
2. Hosting Services
2.1 We provide hosting services to select customers. If approved, your domain will be hosted on a dedicated server in Brisbane.
3. Fees and charges
3.1 Different fees are charged for commercial enterprises, home users, non-profit and community organisations. The Customer guarantees that the category of user selected by the Customer correctly describes the Customer.
3.2 The Customer must pay the fees set out in our services selected by the Customer.
3.3 We will not provide any services until:
- this agreement is acknowledged by the Customer; and
- all applicable “pay in advance” fees are paid by the Customer.
3.4 We will not refund any “pay in advance” fees if the Customer:
- terminates this agreement; or
- does not use any services paid for by the Customer.
3.5 Certain fees and charges are payable by the Customer to us in arrears. These fees and charges include maintenance requested by the Customer, specialist support, and usage greater than that covered by the Hosting Package selected by the Customer.
4.1 We will issue invoices for all fees and charges that are payable in arrears.
4.2 Unless prior arrangements have been agreed upon, the Customer must pay us all invoiced amounts within 7 days of the date of the invoice. The following notification periods will apply to outstanding amounts:
- 7 days after due date – courtesy email
- 14 days after due date – reminder email
- 21 days after due date – final email notification, disconnection in 7 days if payment not received
- 30 days after due date – web site disabled
- 45 days after due date – web site expired
4.3 If the Customer disputes an invoiced amount, the Customer must notify us in writing within 7 days of the date of the invoice. The undisputed amount of the invoice must be paid on time.
4.4 We may charge the Customer an administration fee of $20 if a cheque presented by the Customer is not honoured or if an electronic payment made by the Customer is reversed.
4.5 If an amount remains unpaid after the due date, the Customer may be required to pay interest on that amount until it is paid in full. The rate of interest will be the Reserve Bank’s Official Cash Rate (as published in the Australian Financial Review) plus 5%.
5.1 This Agreement continues in force until terminated by either party.
5.2 The Customer may terminate this Agreement by providing thirty days written notice to us.
5.3 We may terminate this Agreement:
- By providing sixty days written notice to the Customer;
- Immediately and without notice, if the Customer breaches this Agreement; or
- If required by law or court order.
5.4 Upon termination of the Agreement, the Customer will be provided with an invoice in relation to services used prior to termination. This invoice must be paid within 7 days. All prior invoices immediately become due and payable prior to termination of this Agreement.
5.5 Upon termination of this Agreement, we may delete the Customer’s web site from our server or prevent access to the Customer’s control panel.
6.1 The Customer must appoint one Supervisor.
6.2 In relation to the Customer’s service, we will only accept instructions from the Supervisor.
6.3 The Customer may change its Supervisor at any time by written notice from the existing Supervisor to us.
7. Use of our services
7.1 Customer must use our services in a responsible, cooperative and professional manner.
7.2 Customer is responsible for the content contained on Customer’s website. We do not exercise editorial control over the Customer’s website.
7.3 Customer is responsible for obtaining and maintaining the equipment and telephone services necessary to access and use any service we provide and for any telephone charges associated with connecting to any service.
7.4 Customer cannot resell our services to any third parties.
7.5 The following are Prohibited Acts:
- Using our service for any illegal purpose;
- Tampering with, hindering the operation of or making unauthorised modifications to our service (other than Customer’s own website);
- Deleting another’s data from our service without permission;
- Knowingly transmitting a computer virus, worm or disabling feature;
- Using our service to access another’s computer system without permission;
- Using our service to publish, transmit or store any communication or data that is defamatory, obscene, sexually explicit, abusive or violates any federal, state or local law or regulation;
- Using our service to engage in misleading or deceptive marketing practices;
- Using our service to conduct or promote a business that is illegal;
- Using our service to spam another or to send bulk email.
8. Suspension and cancellation of services
8.1 Customer may cancel a Hosting Package by notifying us in writing.
8.2 Without limiting our right to terminate under clause 5.3, we may suspend or cancel a service, delete the Customer’s website from our system or prevent access to Customer’s website if:
- There is an emergency;
- Customer does not pay an invoice on time;
- Customer becomes bankrupt, insolvent or has a receiver, manager or liquidator appointed;
- Customer breaches this agreement;
- Customer brings legal action against us;
- Required to do so by law or a court order.
8.3 We may temporarily suspend a service if necessary to allow for maintenance of hardware or software. In doing so, we will attempt to give Customer prior notice of the suspension and will attempt to minimise inconvenience to the Customer.