- Definitions
- In this document, unless the context requires otherwise:
- GoHosting We, our or us means GoHosting Pty Ltd (ACN 136 903 172), and any agents contractors or employees of GoHosting Pty Ltd.
- The Customer, You or your means the customer who receives the GoHosting Services and/or products your employees agents or any other person who uses your account, login or password, with or without your authorisation or the person applying for, or the holder of, a Domain Name Licence.
- The Commencement Date of this agreement is the earlier of:
- the date that your application to GoHosting for access to the GoHosting Network is accepted; or
- the date that you first access the GoHosting Network
- The GoHosting Network means the any electronic device owned and operated by GoHosting used in the provision of hosting services or connection to the Internet and World Wide Web, including any associated setup or configuration procedures taken by The Customer to gain said access.
- The Fees means the fees and charges payable for the service as determined by GoHosting
- Domain Name means the domain name which is the subject of your application, and if successful, the Domain Name Licence.
- Registry Operator means the operator of the domain names registry for the Domain Name.
- A Reseller means a customer who purchases a Reseller Package through GoHosting or resells other GoHosting services to an end user.
- GoHosting Services
- GoHosting will endeavor to provide service to The Customer as soon as possible after The Customer completes the relevant sign up forms and make payment for the service.
- If GoHosting is unable to provide the service The Customer has requested, The Customer will be informed within 5 working days and The Customer will receive a full refund for any charges paid for that service.
- GoHosting will provide The Customer with GoHosting Services in such a manner as GoHosting deems fit.
- The Customer agrees to provide all the hardware required to properly use the GoHosting Network unless otherwise agreed with GoHosting.
- GoHosting reserves the right to alter the nature of the GoHosting Network at any time.
- The Customer Agrees to Pay
- The Customer agrees to pay to GoHosting The Fees in respect of the GoHosting services provided. The fees are required to be paid by The Customer to GoHosting within 14 days of the dispatch of the invoice. Invoices will be send electronically by E-Mail.
- GoHosting reserves the right to alter the amount and nature of The Fees. GoHosting will give The Customer notice of any changes to The Fees electronically. The Customer will have fourteen (14) days’ notice of the changes to the Fees. If The Customer do not wish to continue to use the GoHosting Network The Customer are required to notify us within that fourteen (14) days period of the same and GoHosting will disconnect The Customer’s account. If The Customer does not respond we will assume that The Customer has accepted the revised Fees.
- If The Customer does not pay The Fees within the specified period we reserve the right to charge The Customer interest at the rate of 15% per year accruable daily from the due date for payment until the date that the payment is received by GoHosting. GoHosting also reserves the right to require The Customer to pay an administrative charge for late payments.
- The Customer acknowledges that The Customer is responsible for all Fees incurred by anyone using The Customer’s account login or password regardless of whether or not The Customer has authorized them to do so. Accordingly we strongly advise that The Customer takes all appropriate action to ensure the absolute security of The Customer’s account login and password details
- If The Customer provides a credit card or direct debit authority, it will be debited upon renewal unless The Customer instructs otherwise. 14 days’ notice is required if The Customer does not want a payment to be charged against an existing credit card or direct debit authority.
- Fees
- Fees are payable in advance.
- The Customer will be notified prior to the commencement of any billing period of the Fees payable for that period.
- Domain Registrations, Renewal and Transfer
- For Terms and conditions for .AU domain registrations please see:
https://www.gohosting.com.au/au-terms-and-conditions/
- For ICANN’s Registrants’ Benefits and Responsibilities please see: http://www.icann.org/en/resources/registrars/registrant-rights/benefits
- You are bound by the terms of this document, even if you have entered into this document through an agent, and even if you licence the use of the Domain Name to another person.
- Your application for a Domain Name must be in the form prescribed under the Published Policies. The Domain Name must comply with the Published Policies.
- You accept that even if we have accepted and approved your Domain Name application, the application may still be rejected by the Registry Operator in performing its final integrity checks.
- You accept that neither you, nor we, have any proprietary right arising from the registered Domain Name, or the entry of a Domain Name in the domain names registry.
- All personal information pertaining to you are held by auDA for the benefit of the Australian public.
- Registry requirements: Each domain registry or TLD may have specific requirement that relate to the registration, transfer and renewal of domain extensions under it’s control. You are responsible for familiarizing yourself with all registry requirements, whether or not they are included or referenced in these terms.
- Content of Information
- The Customer agrees to use the GoHosting Network only in accordance with the Acceptable Usage Policy.
- The Customer agrees to comply with all the reasonable directions and instructions of GoHosting in relation to use of the GoHosting Network.
- The Customer agrees to observe all relevant laws in the State or Territory in which The Customer resides relating to the use of the Internet.
- Subject to this agreement, GoHosting recognizes the customer’s wishes for privacy and does not purport to exercise control or supervision over the content of information accessed or provided via the GoHosting Network. However, if GoHosting for whatever reason becomes aware of a breach of the Acceptable Usage Policy then it reserves the right to immediately;
- Without notice remove any web pages provided by or to The Customer
- Terminate or suspend the provision of the GoHosting Services to The Customer
- Provide a copy of the infringing material to any authority empowered by law to request the same
- The Customer acknowledges that GoHosting will have access to The Customers data, and whist generally GoHosting will respect The Customers privacy, in very limited cases such as resource allocation or system checks GoHosting will examine data content. The Customer agrees in those cases that GoHosting will not be held liable by The Customer for any alleged breach of confidentiality or privacy.
- Acceptable Usage
- Disclaimer
- GoHosting will endeavor to provide the GoHosting Service to The Customer to the best of its ability.
- However from time to time there will need to be proper maintenance of the GoHosting Network and at some times GoHosting may not be able to provide The Customer with the service. GoHosting will endeavor to minimize down time and where possible schedule such down time at a time least likely to inconvenience The Customer.
- Due to these factors GoHosting can give The Customer no warranty or guarantee in relation to the availability of the GoHosting Services at all times. Similarly it gives no warranty or guarantee in relation to the performance features or compatibility of any co-operating electronic mail network or connected Internet service.
- Indemnity
- The Customers indemnifies GoHosting and holds GoHosting harmless against any damages arising from any claims brought by The Customer or any other person against GoHosting from The Customers use of the GoHosting Service, The Customers negligence or The Customers breach of this agreement.
- Except as provided by the contrary by Legislation The Customer acknowledges that GoHosting is not under any liability to The Customer in respect of any loss or damage which The Customer may suffer from the provision of the GoHosting Network or its inability to do so. In particular GoHosting accepts no liability for any loss of business, personal discomfort or any other damages arising from or alleged to have arisen from the loss of or non-provision of services to The Customer or any third party.
- We specifically exclude any implied warranties from this Agreement. If by Legislation we are required to give a warranty as to services then The Customer agrees that our liability for any breach of such warranty is limited to
- the supply of the GoHosting Service again; or
- the payment of cost of having the GoHosting Service supplied again.
- Protection of Data and the Need for Backing Up
- GoHosting advises that whilst it will use its best endeavors to preserve the integrity of The Customers data, it is NOT liable for any damage or loss caused by loss or damage to The Customers data. GoHosting strongly advises The Customer that they should prepare and maintain independent backup files of all data provided or accessed under the GoHosting Network.
- Our Right of Termination
- GoHosting is entitled to immediately terminate this agreement without any requirement to notify The Customer in the event that;
- We discover that The Customer has breached this agreement
- The Customer becomes bankrupt or goes into liquidation or has a receiver appointed to The Customer or assets The Customer owns
- any account payable by The Customer remains unpaid for a period in excess of fourteen (14) days
- for any other reasonable matter that GoHosting in its complete discretion decides.
- In addition to our right of termination we can also without notice suspend The Customer’s account if The Customer’s account is overdue. If we then chose to reconnect the account – which we are not obliged to do – The Customer will be required to pay the necessary reconnection fee.
- Refunds
- All products are due in advance of provisioning of the service. GoHosting does not provide refunds unless GoHosting is unable to provision the required service.
- Where possible, refunds will be paid using the same method as the initial payment.
- Privacy
- Credit Card Information
- GoHosting uses the www.securepay.com.au payment gateway for all credit card processing.
- All transmission of credit card information takes place within an 256 bit encrypted SSL tunnel
- Miscellaneous
- If any goods and services tax or value added tax or any similar tax is imposed or arises as a result of this agreement then that is a cost that The Customer must pay in addition to The Fees.
- The Customer acknowledges that this agreement cannot be assigned by The Customer to anyone else without consent from GoHosting. However GoHosting can assign its rights under this agreement without The Customers prior written consent. Any assignee to whom GoHosting sells its rights will be required to notify The Customer if the same occurs.
- Unless otherwise agreed the relevant law to apply to any dispute that arises between GoHosting and The Customer is the Law of the Australian Capital Territory
- The Customer is deemed each time that they access the GoHosting Network to have checked these conditions for any changes and GoHosting strongly encourages The Customer to do so.
- Complaints
- Cancellation Policy
- All cancellation requests will be in writing by post or email, 7 days prior to the due date of the service renewal.
- Domain Name cancellations must be made in writing and contain the domain password.
- .au domains have a 3 day grace period where a registrar can cancel a domain name and receive a refund from the registry, if a domain name is cancelled within the grace period a full refund for the domain registration will be issued to the customer.
- Where possible, refunds will be paid using the same method as the initial payment.
- Reseller Agreement
- The reseller agrees that it is their responsibility to provide all end user support and maintain their own billing arrangements with the end user.
- There is no restriction on the markup or discount that the reseller may apply to the provided service when on billing their end user.
- If the end user contacts GoHosting directly for support or queries, they will be referred to the reseller unless prior alternative arrangements are made between the reseller and GoHosting.
- If the end customer reports that you are uncontactable, we will attempt to contact you by telephone and email on at least 3 separated occasions over 3 separate days. If you remain uncontactable for a period of 5 business days, we reserve the right to remove those products and services from your account and transfer them to a direct account relationship with the end customer. If during those 5 business days the product should become unusable for its purpose, we reserve the right to take mitigating steps to rectify the issue at the cost of the end user, so long as such steps do not require that we give the end user access to the service in a way that they did not have prior to making contact with us. We will require the end user to provide Photo ID and proof of end ownership of the entity the product is being delivered to as well as other such documentation we require to be satisfied that they are the end user of the product.
