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Terms and Conditions




aWebpage acts as a neutral provider of web services to the global Internet. aWebpage may suspend services provided to you or cancel your account if determined that you have violated aWebpage policies. aWebpage is required to enforce the Acceptable Use Policies of our upstream network providers.
 
Customer agrees to the following terms of service:
 
    1. Terms
      Customer agrees to a minimum 3 month contract term for services unless otherwise agreed to in writing. The contract for services is automatically renewed each renewal period ( 3 , 6 , 12 or 24 months) in perpetuity subject to written cancellation by the Customer.

    2. Service Fees
      Fees for service(s) ordered by the Customer shall begin on the date of the initial order and that date shall serve as the anniversary date for all future billings including one time fees, upgrades, additional services, cancellations and service credits. Fees are due in advance of the service cycle ( 3 , 6 , 12 or 24 months) and will be billed on the anniversary date of rebilling period.

    3. Upgrade Fees
      Upgrades ordered on the billing anniversary date will be billed for the full service and will continue on each anniversary date. Downgrade requests (package or billing cycle) need to be submited at least 7 days before the new billing cycle. Only up to date accounts can be upgraded or downgraded

    4. Additional Service Fees
      Additional services ordered on the billing anniversary date will be billed for the full service and will continue each billing cycle on the anniversary date. Additional services ordered after the normal anniversary billing date will be pro-rated to the next anniversary date and billed as a one time pro-rata charge. Future charges will appear as full fees added to your existing anniversary billing date.

    5. One Time Fees
      One time fees, such as setup fees, administrative fees, bandwidth overages and late fees are due and payable at the time they are incurred, and agreed upon in writing or via ticket with approval.

    6. Service Credits
      Service credits will be issued to your Customer account and shall be used to offset future billable services. Service credits shall not be issued as cash back to the Customer nor are service credits transferable to other account holders.

    7. Cancellation by client
      If for any reasons you to want to cancel your web hosting account please be aware that you must officially and formally cancel your account by logging into your account area at http://support.awebpage.com.au/clientarea.php
      Please use the client area username and password predefined in your welcome email!
      Once logged in, click on "My Services", click on the icon next to your hosting package, then scroll down to the bottom of the page and click on "Cancellation Request".
      Once we receive the cancellation, the billing will be cancelled and the accounts suspended.
      aWebpage requires a seven (7) day formal cancellation notice prior to the anniversary billing date for discontinuance or downgrades of services. 
      Failure to supply the requisite seven (7) days written notice of cancellation will result in a full billable cycle prior to cancellation.
      Notice of written cancelation needs to be performed through the online customer portal located at http://support.awebpage.com.au/clientarea.php
      Failure to fulfil the required cancelation process will result in the account being re-billed as per the current service cycle and no refunds can be issued.
      All customer data remaining after the cancellation date will be destroyed for security and privacy reasons.
      The customer is responsible for all money owed on the account from the time it is established to the time that cancellation has been confirmed by aWebpage. Transferring your domain away from aWebpage does not mean your account is automatically cancelled. You must notify aWebpage to cancel your account, using one of the methods listed above.

    8. Cancellation and Termination of Services by aWebpage
      aWebpage reserves the right to cancel your service at any time.
      If your account is cancelled because you have violated aWebpage usage policies, no refund will be paid.

      1. Non-Payment
        All payments are due in full on the anniversary date. Failure to remit payment for any service on its anniversary date is a violation of the TOS. 
        A late fee of 10% will be incurred for failure to remit payment for services on or before the anniversary date. Failure to remit payment for seven (7) consecutive days, including the anniversary date, shall result in a termination of public access to Customer services. Failure to remit payment for services within fourteen (14) consecutive days, including the anniversary date, shall result in termination of access to the service network and all services shall be reclaimed. All Customer data remaining after fourteen (14) days of non-payment will be destroyed for security and privacy reasons.

      2. Refunds & Disputes
        All services are non-refundable. This includes, but is not limited to: setup fees, one time fees, renewal and service fees ( 3 , 6 , 12 or 24 months), upgrade fees, additional service fees, administrative fees, and late fees. Customers seeking to resolve billing errors are instructed to open an billing ticket inside the Customer portal located at http://support.awebpage.com.au/clientarea.php . Customer agrees not to chargeback any credit card payments for services rendered. A chargeback of payment for services rendered will result in an additional charge of $150 and will be subject to collection by an authorized collection agency.

    9. Lawful purpose
      aWebpage may refuse service to anyone. You may use aWebpage services only for lawful purposes. You may not transmit any materials that are in violation of any Federal, State or Local laws. You may not transmit any copyrighted materials or material protected by trade secrets. aWebpage will make the decision as to whether materials violate its policies.

    10. Specific acceptable useage policies , unauthorized use
      aWebpage will strongly react to any use or attempted use of an Internet account or computer without the owner's authorization. This includes "social engineering" (tricking other people into releasing their passwords), password cracking, security hole scanning, etc. Any of these actions by a aWebpage customer, whether or not the attacked account or computer belongs to aWebpage, will result in action against the attacker.
      Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, according to the seriousness of the attack.

    11. Setup of accounts
      aWebpage endeavours to setup all shared hosting accounts within 24 hours, however, we reserve the right to delay setup of an account for fraud checks. Dedicated servers are typically setup within 7 days of the order being received.

    12. Scripting and Development Support
      Scripting and development support is outside of the realm of aWebpage's hosting support boundaries. Clients must communicate directly with their web developer or designer regarding any queries relating to the development and managment of the client's website

    13. Backups
      The backup of customer data is the customer's responsibility. aWebpage is not responsible for the files on customer accounts. If an account is cancelled, data recovery is not possible.

    14. High resource usage
      If an account utilizes high levels of server resources (such as CPU or memory) to the point where there is a negative impact upon other clients, the following procedures will be adhered to: 
      1st Breach: Written warning regarding your account
      2nd Breach: Suspension of your account for 48 hours
      3rd Breach: Cancellation of your account

      aWebpage reserves the right to suspend or cancel an account at our discretion. 
      In extreme breaches of excessive resource usage, aWebpage reserves the right to suspend accounts without prior warning. 
      Activities which are explicitly forbidden by our Acceptable Usage Policy include running the following:

    15. Account security
      aWebpage accounts must only be accessed by the authorized account holder, and it is the account holder's responsibility to maintain a secure password. Customers must not distribute their username and password to any other individual or third party.
      Online Game Servers
      Internet Relay Chat
      Proxy Servers
      Sites infringing on Copyright content, such as Illegal Warez sites
      Online Gambling
      Sites with illegal pornagraphic content
      Voice or Video on Demand services

  1. Website security
    Whilst aWebpage employs prorotective mechanisms to help protect against website vulnerabilities, it is the client's responsibility to maintain the security of their website scripts and to keep their web applications up to date to address vulnerabilites as they are recognised.

  2. Support
    Technical support will only be provided to the authorised account holder or the authorised technical contact for an account as listed in our client billing area. The authorised account holder has the ability to add one additional technical contact to their account for the purpose of support only and the request for this contact to be added must be submitted in written form via our helpdesk. An authorised technical contact does not have the ability to request changes to be made to an account’s billing information, usernames or passwords.

    All support requests must be submitted via our helpdesk and include the appropriate identity information to determine the person submitting the request is authorised to submit such requests.

  3. Reseller Support
    Resellers are responsible for their own customers support issues. All support requests regarding a reseller's customers must only be made by the authorized reseller account holder themselves for security reasons.

  4. Insecure scripts
    aWebpage places restrictions on certain types of script being installed on our servers due to security concerns.
    If in doubt as to whether your script is suitable for a shared environment, contact us by email or phone.

    SPAM - ZERO TOLERANCE
    If you send unsolicited email or cross post to Usenet newsgroups, you may be subject to immediate cancellation.
    aWebpage may cancel your account and terminate your services immediately, with no prior notice and no refund of unused service fees!
    This policy is to promote proper Internet etiquette.

  5. Payment policies
    All major credit cards are accepted via our Ezidebit Direct Debit payment processing system. By accepting our terms and conditions you also accept this Direct Debit Agreement

  6. Initial Fees
    Payment of the setup fee and first period's charges are required for aWebpage to activate your service.
    Setup fees are non-refundable.
    Fees for domain name setup, renewal, or transfer are non-refundable.
    aWebpage will notify you by email if the initial charge to your card is declined. A second attempt to bill the card will be made in three days. If the card is again declined and you have not provided alternate valid credit card information, aWebpage will cancel your order. Please note that services will not be activated until payment is received.

    If you wish to pay your account via cheque or direct deposit, you must contact our Accounts department for authorisation prioir to lodging your order. Service for cheque paying customers will only be activated after your check clears bank processing.

  7. Recurring Charges
    You must pay for your service by the first day of each billing cycle. Billing cycles are based on when you initially signed up for service.
    When paying by credit card, the client aggrees that aWebpage automatically charge their credit card on the first day of the billing cycle . Your account will be suspended if three attempts to charge the card are declined.

  8. Pricing policy
    aWebpage will not change your fees during the middle of your billing cycle. If fees change, they will go into effect the first day of your next billing cycle. If you signed up for aWebpage under a special promotion and you change your services, the special promotion pricing will no longer be valid for your new services.aWebpage may change package features and specifications at its discretion.

  9. INDEMNIFICATION
    Customer agrees that it shall defend, indemnify, save and hold aWebpage harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against aWebpage, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless aWebpage against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with aWebpage's server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customer from aWebpage's server.

  10. DISCLAIMER
    aWebpage will not be responsible for any damages customers or their enterprises may suffer. aWebpage makes no warranties of any kind, expressed or implied for services we provide. aWebpage disclaims any warranty, merchantability or fitness for a particular purpose. The includes loss of data resulting from delays, non-deliveries, wrong delivery, any and all service interruptions caused by aWebpage and its employees. aWebpage reserves the right to revise its policies at any time

  11. LIMITATION OF LIABILITY
    In no event shall aWebpage be liable to customer for any damages resulting from, or related to, any failure or delay of aWebpage in providing access to the internet under this agreement. aWebpage makes no warranties of any kind, expressed or implied for services we provide. aWebpage disclaims any warranty, merchantability or fitness for a particular purpose. In no event shall aWebpage be liable to customer for any indirect, special or consequential damages or lost profits arising out of or related to this agreement, the performance or breach thereof, or the accuracy or correctness of databases or the information contained therein, even if aWebpage has been advised of the possibility thereof. Any claim or legal action arising out of failure, malfunction or defects in aWebpage services or goods, or arising from this contract in any respect, shall be brought within a period of one (1) year following the occurrence or said claim shall be deemed waived. aWebpage's liability to customer hereunder, if any, shall in no event exceed the total amount customer paid to aWebpage hereunder. aWebpage will not be responsible for any damages suffered by customer in any way related to this agreement. This includes loss of data resulting from delays, non-deliveries, wrong deliveries, and any and all service interruptions caused by aWebpage and its employees by its own negligence or customers errors or omissions. aWebpage reserves the right to revise its policies at any time.

    In an effort to protect the privacy and rights of aWebpage customers and visitors to our website, aWebpage has established the following Privacy Policy.

  12. Privacy Statement
    The privacy and security of data of our users is of the highest importance to aWebpage Web Hosting. aWebpage is committed to safeguarding the information Users entrust to aWebpage. To protect your data we have put in place suitable physical, electronic and managerial procedures in order to safeguard and secure your data at all times. 

  13. Disclosure of Information 
    Unless we are explicitly obliged or permitted by law to do so, your personal and account data will not be disclosed to third parties. 
    aWebpage will not disclose the personal and account data of aWebpage customers unless aWebpage has reason to believe that disclosing such information is necessary to identify, make contact with, or bring legal action against someone who may be causing harm or interfering with the rights or property of aWebpage, aWebpage customers, or others, or if aWebpage is obliged or permitted by law to do so where aWebpage has a good faith belief that such disclosure is required by law.
    aWebpage also will not, except for reasons stated below, disclose to third parties the contents of any electronic mail or other electronic communications that aWebpage stores or transmits for it’s customers. The circumstances under which aWebpage will disclose such electronic customer communications are when: - 
  • It is necessary in order to provide service or support to the customer. 
  • It is necessary to protect the legitimate interests of aWebpage and aWebpage customers. 
  • It is required for cooperation with relevant law enforcement agencies under the governance of Victorian Law. Such as interception orders, warrants, or other legal processes that aWebpage determines in it’s sole discretion to be valid and enforceable. 
  • It is necessary to provide to a law enforcement agency when the contents are inadvertently or as above obtained by aWebpage and appear to pertain to criminal activity.
  • In accordance with our Privacy Policy and as per aWebpage’s Terms and Conditions, the integrity and backup of customer account data remains at all times the sole responsibility of the account holder. aWebpage offers no guarantee for account data and accepts no responsibility relating to the storage and backup of account data stored by customers.


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