The following terms and conditions are an addendum to any ReEnergise Digital (Reenergise) quotation that includes a hosting service.
- As a world wide web hosting service provider, reenergise provides dedicated server computers which are integrated into the internet. These server computers shall send and receive information in relationship to the world wide web.
- The customer wishes to create a world wide web presence utilizing the hardware and software resources of reenergise.
- Reenergise has been commissioned by the customer to provide web hosting for the customer’s existing or soon to be existing website site.
It is agreed:
In this agreement, the following definitions apply:
- Agreement means this web hosting agreement.
- Data includes all information, data, material, software code, applications, files, text, images, logos, audio, movie clips and/or content in any form provided by the customer to reenergise to be placed or placed on reenergise’s system as a result of provision of the service.
- Excess usage fee is the fee described in your supplementary material document or $30/gb or traffic or disk space otherwise.
- Isp means internet service provider.
- Customer means the entity described in the quotation and includes any and all officers, employees, contractors, agents and anyone else (other than reenergise) that uses the service.
- Maximum traffic allowance is the amount described in your quotation.
- Maximum user space is the amount described your quotation. Also referred to as web space.
- Monthly usage payments are the payments described in your quotation, they are listed annually to reflect payment period.
- Service means the web hosting services provided by reenergise to the customer pursuant to this agreement.
- Set-up fee is the fee described in your quotation.
- Spam means unsolicited bulk electronic messages of any kind.
- Start date of this agreement is the date of quotation.
- Term means the term as prescribed by clause 4 of this agreement.
- Usenet spam means excessive electronic newsgroup messages.
- Web hosting
Reenergise agrees to provide web hosting services to the customer in accordance with this agreement.
The customer is responsible for and must provide all telephones, computers, internet connection, hardware and software equipment and services necessary to access the reenergise service. Reenergise makes no representation, warranties or assurances that the customer’s equipment will be compatible with the reenergise service.
The customer understands that under this agreement reenergise does not agree to provide isp services and that the customer is responsible for obtaining its own internet connection.
- Set-up fee
The set-up fee is due on the start date of this agreement. The set-up fee is due at this time regardless of the status of the domain name application or any other forces beyond the control of reenergise.
- Monthly usage payments
Monthly usage payments are to be paid annually at the date of this agreement. In the event that the customer fails to pay for such service at this time, reenergise shall be entitled to unilaterally terminate this agreement and discontinue the service until payment is made.
- Upgrade of service
The customer may elect to upgrade its monthly usage payments to access a higher level of service at any time during the term of the agreement by giving written notice to reenergise. On receipt of this notice reenergise will upgrade the customer’s service accordingly and invoice the customer for the additional payment to upgrade the hosting service for the remainder of the annual period.
- Excess usage
On payment of the monthly usage payment the customer is entitled to use the maximum user space on the reenergise server per month and is entitled to create either directly or indirectly the maximum traffic allowance per month.
If the customer uses space or creates traffic in excess of these amounts the customer is liable to pay reenergise excess usage fee. At the end of each month reenergise will invoice the customer for any excess usage fee owed.
- Invoice payment
The customer must pay any fees owing within 15 days of receiving an invoice from reenergise.
- Additional services
Any additional services shall be paid for at a rate to be agreed between the parties.
- The term of this agreement is 12 months from the date of this agreement unless earlier terminated in accordance with clause 18.
- This agreement may be renewed for subsequent terms of similar duration to the initial term with the consent of both parties.
- The customer shall provide at least 30 days notice in writing prior to the expiry of the initial term or any subsequent term if it does not wish to renew this agreement.
- Use of the service
- Lawful use
The customer must only use, attempt to use or allow the service to be used for lawful purposes.
- Unlawful use
The customer must not use the service, attempt to use the service or allow the service to be used in any way:
- That causes a breach of a law, order or regulation (including a foreign law, order or regulation);
- That uses copyrighted material without the permission of the copyright owner;
- That uses confidential information in a way that breaches the rights of the owner of that information;
- Which results, or could result, in damage or harm to property or injury to any person;
- Which results in discrimination, hate or violence towards one person or group because of their race, religion, gender or nationality;
- To send, display or be otherwise involved in material which is threatening, obscene pornographic or defamatory;
- Which is, or which would be considered by a reasonable person to be offensive or abusive;
- To send, cause the sending of or otherwise be involved in the sending of any kind of electronic junkmail, spam or usenet spam,
- To engage in any misleading or deceptive business or marketing practice;
- That involves providing or promoting illegal pyramid selling schemes or unlawful gambling or gaming activities;
- Uses excessive computation time that interferes with the proper operation of the service or impedes the ability of reenergise to provide the service to the customer or to third parties;
- To contribute to, or participate in a newsgroup, forum or chat room in a way that has an adverse effect on the proper operation of those newsgroups, forums or chat rooms;
- To impersonate another person or misrepresent authorization to act on behalf or others or reenergise;
- That does not correctly identify the sender or origin of any electronic mail or postings;
- In connection with any program (including virus, trojan horse, worm, cancelbot, time bomb) or activity (including a denial of service attack) that is designed to provide or allow any form of unauthorised control or, or result in an adverse effect on, a computer, a network or data (whether the computer, network or data be that of reenergise or any other);
- To access or use reenergise’s or anyone else’s system, networks or data (including through open relay, port probing and the use of packet sniffers) without consent, regardless of whether or not such access or use has any adverse effect on the system, network or data;
- To run any software, applications or other processes without the express written permission of reenergise; or
- That causes a disruption of services for other customers of reenergise.
- Unilateral termination
Reenergise reserves the right to immediately cancel the service to the customer in accordance with clause 17 if the customer is in contravention of this clause 5.
- The customer must not attempt to undermine the security or integrity of reenergise’s server and networks and must not attempt to gain unauthorized access to them.
- The customer must not install in its account any program that presents a security problem on the server.
- Reenergise reserves the right to immediately cancel the service if it is causing a security threat to the server or disruption of services for other customers or if it breaches (a) or (b).
- The customer agrees to conduct such tests and to use current virus protection software at all times so as to ensure that data uploaded to or downloaded from reenergise’s server does not contain any computer virus and will not in any way corrupt the data of systems of any person.
- The customer agrees to indemnify reenergise against any loss occurring as a result of the customer’s failure to comply with this clause.
- The customer will provide reenergise with data in a condition that is ‘server-ready’ meaning it does not require any additional manipulation by reenergise.
- Reenergise takes no responsibility for the content, correctness or usability of this data.
- In the event that the data is not ‘server-ready’ reenergise may, at its option and at any time, reject this data, including but not limited to after it has been put on reenergise’s server.
- Reenergise agrees to notify the customer immediately of its refusal of the data and afford the customer the opportunity to amend or modify the data to satisfy the needs and/or requirements of reenergise. If the customer fails to modify the data or remove any offending material as directed by reenergise, within a reasonable period of time, which shall be determined between the parties, the agreement shall be deemed to be terminated.
- The customer acknowledges that reenergise will exercise no control whatsoever over the content of the data passing through the network and that reenergise makes no warranty as to the accuracy, reliability or content of any of the data passing through the network.
- The customer grants reenergise all rights, consents, permissions and licenses necessary to enable reenergise, reenergise’s subcontractors and reenergise’s suppliers to legally view, copy and store the data for the sole purpose of performing reenergise’s obligations under this agreement.
- No title in any hardware, infrastructure or facilities used by reenergise to deliver the service passes to the customer at any time.
Reenergise may perform scheduled or unscheduled maintenance to the systems it uses to provide the service. Reenergise will attempt to perform all schedules maintenance at time that will affect the fewest customers.
- No warranty by reenergise
The customer acknowledges that reenergise makes absolutely no warranties whatsoever, express or implied with respect to the service to be provided under this agreement.
In particular reenergise does not warrant that:
- The service provided under this agreement will be uninterrupted or error free;
- The services will meet the customer’s requirements, other than as expressly set out in this agreement;
- Any of the information obtained from reenergise is accurate or of a particular quality; or
- The service will be free from external intruder (hackers), virus or worm attacks, denial of service attack or other persons having unauthorized access to the services of reenergise’s system.
- Customer warranty
The customer warrants that it has the power to enter into and observe its obligations under this agreement.
The customer agrees to indemnify reenergise and reenergise’s employees, contractors and agents against all damages, costs, charges, liabilities (including reasonable legal fees) and expense arising out of or in connection with:
- Any service provided or performed or agreed to be performed under this agreement;
- Any breach of this agreement by the customer;
- Any injury to person or property caused by any product sold or otherwise distributed in connection with the service;
- Any material supplied by the customer infringing or allegedly infringing on the proprietary rights of a third party;
- Any copyright infringement;
- Any defective product which the customer sold on the reenergise server;
- The use of or inability to use of the service;
- Any mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance in connection with the service.
- Limit to liability
- Reenergise excludes all liability for indirect or consequential loss of damage of any kind, loss or corruption of data, loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind in contract, tort (including negligence), under any statue or otherwise arising from or relating in any way to this agreement.
- Reenergise expressly limits its damages to the customer for any non-accessibility time or other down time to the pro-rata monthly usage charge during the system unavailability. Reenergise specifically denies any responsibility for any damages arising as a consequence of such unavailability.
- Notwithstanding the above, the customer’s exclusive remedy for all damages, losses and causes of action whether in contract, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which the customer paid during the term of this agreement.
- Nature of agreement
This agreement constitutes a binding contract between reenergise and the customer and does not extend to any other person or entity.
- The customer must not transfer or assign this agreement to any other person or entity without reenergise’s prior written consent.
- Reenergise may assign or subcontract any of its rights or obligation under this agreement to a third party.
- Domain name
If reenergise shall acquire an internet domain name on behalf of the customer, then in such a case the customer hereby waives any and all claims which it may have against reenergise, for any loss, damage, claim or expense arising out of or in relation to the registration, transfer or renewal of such domain name in any on-line or off-line network directories, membership lists or registration lists, or the release of the domain name from such directories or lists following the termination of the providing of this service by reenergise for any reason.
- Changes in terms of agreement
Reenergise reserves the right to make changes to the terms and conditions of this agreement upon 30 days prior notice to the customer, advising of the change and the effective date thereof, but with changes in service fees being effective only at the end of any period for which the customer has prepaid.
Utilization of the service by the customer following the effective date of such change shall constitute acceptance by the customer of such change(s).
- Entire agreement and understanding
This agreement constitutes the entire agreement and understanding between the customer and reenergise and supersedes all previous agreements, understandings and negotiations in relation to the service.
- Reenergise may terminate the service under this agreement at any time, without notice or penalty, if the customer fails to comply with the terms of this agreement, including non-payment.
- Either party may terminate this agreement at any time by providing the other party with at least 30 days notice in writing.
- Reenergise will not give refunds or exchanges for any terminated or cancelled contracts. If the contract is terminated for any reason, the customer shall be billed for any service not yet paid for.
- Reenergise reserves the right to charge a reinstatement fee.
- Governing law
This agreement is governed by and the laws of the state of western australia. Any legal action brought with regard to this contract shall be brought only in western australia.
- The customer acknowledges that reenergise may notify it by email, post or facsimile of any matters relating to this agreement, including any changes to this agreement. The customer acknowledges that it must regularly check the email address it provided to reenergise. If reenergise elect to provide notice to the customer by email, the customer will be taken to have received the email notification, in the absence of any evidence to the contrary.
- The customer agrees that all notices it provides to reenergise under this agreement shall be in writing and delivered by post addressed to reenergise at its last known address.
- If sent by email or facsimile the notice will be effective as of the day of sending. If sent by post the notice will be effective on receipt of the notice.
This agreement may be executed in counterparts.
If any part of this agreement becomes invalid, that part shall be severed from this agreement. Such severance shall not affect the validity of the remaining provisions of the agreement.