Terms for Provision of Hosting

Version 5.3 Last Updated September 14, 2011

Introduction

  1. This service agreement is between the agency, enterprise or individuals named in the User's stored account details (hereafter named ‘the User', ‘your' or ‘you')and Faith Computing Pty Ltd ABN: 94138361510 (‘the Service Provider', ‘we', ‘our' or ‘us')
  2. This service agreement commences the date you make payment for, or commence use of our services.
  3. This agreement explains the extent, standards and conditions for the provision of hosting services: including web hosting, mail hosting, database services and URL forwarding.
  4. You accept legal responsibility for use of the account, that your authorised representative is at least 18 years of age or (if younger, you/he/she have parent's or legal guardian's permission before using our services).
  5. The hosting services must not be used for unlawful purposes. Any use of these services which violates any local, state, federal or international laws applicable to Faith Computing Pty Ltd, your jurisdiction, or any jurisdiction that your site is subject to is strictly prohibited.
  6. This contract may not be assigned or transferred by either party without prior written consent of the other party.

Definitions

  1. In this Agreement, unless the contrary intention appears: Clause headings are for convenient reference only and have no effect in limiting or extending the language of the provisions to which they refer; Words in the singular number include the plural and vice versa; and Where a word or phrase is given a particular meaning, other parts of speech and grammatical forms of that word or phrase have corresponding meanings.

Scope of Agreement

  1. By using these services, you agree to be bound by the terms and conditions; you agree to indemnify and hold harmless Faith Computing Pty Ltd from any loss, liability, claim, damage and expense arising from or related to your content or use of any services provided by Faith Computing Pty Ltd. If you are not satisfied with these terms and conditions then you must discontinue use of our hosting services.
  2. You acknowledge that these services, offered by Faith Computing Pty Ltd through our service, are limited to those services and standards clearly articulated in Faith Computing publications. Product and service standards of products purchased through the Faith Computing Pty Ltd website and similar services do not apply in this agreement. This agreement applies to and is limited to the product, service and standards offered at the web site of Faith Computing.

Changes to Agreement

  1. Faith Computing Pty Ltd may revise these terms and conditions from time to time by posting a new version of this document on the relevant product, service and fees pages at faithcomputing.com.au. Any new version of these terms will be effective within 14 days of posting unless Faith Computing Pty Ltd considers (in its sole discretion) that a period shorter than 14 days is necessary to protect the integrity, security or smooth operation of Faith Computing Pty Ltd services. As such, users should consult this document on a regular basis to ensure that they are familiar with the most recent version.

Your Rights

  1. None of your intellectual property rights are assigned to Faith Computing Pty Ltd via the use of a service provided by Faith Computing Pty Ltd unless otherwise specifically contracted.
  2. Neither the agency nor Faith Computing Pty Ltd will breach each others nor any third party's intellectual property or legal judgements. Consent may be given in writing to negate this requirement. If any party fears this may be at risk of occurrence, or has occurred, that party will notify the other party (or parties).
  3. The Service Provider will provide the Services requested as described in the relevant product, service and fees pages at faithcomputing.com.au in accordance with the terms and conditions specified herein throughout the term of this Agreement and as stated on the relevant product, service and fees pages at faithcomputing.com.au.
  4. Any services in addition to the standard services outlined in the relevant product, service and fees pages at faithcomputing.com.au will be provided by the Service Provider under a Statement of Work to be agreed by the parties.

Your Obligations

  1. The User may not send spam, unsolicited emails or us message board posting, or any other similar marketing strategy, If this occurs your access to our services will be terminated.
  2. We reserve the right to take action, including legal or suspension of or termination of a service, against a customer who interferes with the rights of another user online, or attempts to interfere with the smooth running of the internet or Faith Computing Pty Ltd services.
  3. We reserve the right to discontinue, without refund or notice, any account or service where usage of the account or service is deemed abusive, and will charge the customer for costs incurred due to such abuse.
  4. You are responsible for any misuse of our services conducted by any person with access to your account or website. You are responsible for such misuse regardless of whether it was with or without your consent. You must therefore ensure others do not have unauthorised access to your account or website.
  5. Faith Computing Pty Ltd will automatically bill your nominated credit card or PayPal account. You acknowledge that if you wish to change your nominated means of payment, it is your responsibility to request cancellation of your service at least seven days before payment is due to be made.
  6. You understand that you must maintain your own copy of any content published and that Faith Computing Pty Ltd should never be used as any "master" or primary or critical copy of any content.
  7. You acknowledge that hosting account email services are not to be used as a long-term archive. You should download all email collected by your account to your own computer as it arrives, you must not keep emails on our servers for more than 60 days.
  8. You understand that no intellectual property rights are assigned to you in the use of a service provided by Faith Computing Pty Ltd unless otherwise specifically contracted.
  9. Faith Computing Pty Ltd hosting services are intended to be used for conventional web sites, you shall not use your hosting account as a repository, archive or storage area for files and/or material that is not specifically used by and accessible through the web site associated with your account.
  10. Only one hosting refund is available per customer. Refunds exclude domain registration fees.
  11. All Faith Computing Pty Ltd hosting accounts have the following limits: You may use up to a limit of 60,000 files per web site; and You may use up to 500MB per MySQL database.
  12. Faith Computing Pty Ltd may, at it's sole discretion, suspend any account that exceeds the explained limits.
  13. The service we provide is a 'shared hosting' service. Your account will be deemed to be using excess resources if it uses up more than 10 times the average daily usage of any resource of the server it is on. If this happens your account will be suspended without notice.
  14. The User shall pay fees for the services provided as set forth in the relevant product, service and fees pages at faithcomputing.com.au and subject to the payment terms outlined.
  15. (Repeated from above as a mutual responsibility) Neither the agency nor Faith Computing Pty Ltd will breach each others nor any third party's intellectual property or legal judgements. Consent may be given in writing to negate this requirement. If any party fears this may be at risk of occurrence, or has occurred, that party will notify the other party (or parties).
  16. 16. If you learn of definite or suspected violations of these terms, please inform This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

Applicable Law

  1. This Services Agreement shall be subject to the laws of New South Wales, Australia.

Term of Agreement

  1. This Services Agreement commences on the Commencement Date and, subject to this Services Agreement, continues from month to month until a cessation action is taken by either party.

Limitation of Liability

  1. You agree that use of our services is at your own risk. The services are provided by Faith Computing Pty Ltd on an "AS IS" and "AS AVAILABLE" basis. Faith Computing Pty Ltd expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
  2. No advice or information, whether oral or written, obtained by you from Faith Computing Pty Ltd, its employees or associates or through their respective websites shall create any warranty not expressly stated in these terms and conditions.
  3. You agree to jointly and severally indemnify, defend and hold Faith Computing Pty Ltd and of its employees or representative agents harmless from and against all liability, loss, damage, or expense, including attorney's fees which may be incurred or sustained by reason of the failure of you (the user) to fully perform and comply with the terms and obligations of this Agreement.
  4. The aggregate liability of either Party for all Causes of Action (including aggregate causes) is limited to the values of fees paid for the relevant period or event while this Services Agreement remains in place.
  5. This limitation does not apply in relation to liability for: Personal injury, including sickness and death; loss of, or damage to, tangible property; or an indemnity provided under this Services Agreement.
  6. In no event shall a Party that incurs liability for a Cause of Action be liable for any indirect or consequential loss or damage or loss of revenue, profits, goodwill, bargain or opportunities or loss or corruption of data or loss of anticipated savings incurred or suffered by the other Party whether caused by negligence or otherwise or whether or not the first Party was or should have been aware of the possibility of such loss or damage.
  7. In this clause, Cause of Action means a breach of this Services Agreement or any other common law or equitable statutory cause of action arising out of the operation of this Services Agreement.
  8. This clause survives the expiry or termination of this Services Agreement.

Confidential Information and Non-Disclosure

  1. We acknowledge that during the course of our service provision to you pursuant to this agreement, it will become necessary or desirable for you to disclose to us a substantial amount of your Proprietary Information. We commit to the maintenance of this information in strict confidence. This information will be regarded by as confidential.
  2. You acknowledge that during the term of this agreement you may be exposed to Proprietary Information of Faith Computing Pty Ltd. You also commit to the maintenance of this information in strict confidence. This information will be regarded by as confidential.
  3. You agree that use of our services is at your own risk. The services are provided by Faith Computing Pty Ltd on an "AS IS" and "AS AVAILABLE" basis. Faith Computing Pty Ltd expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
  4. You acknowledge that if you cease hosting with us, we reserve the right to remove selected back end coding from your site as proprietary intellectual property provided while using our service. Such removal will not harm the aesthetic state or content of the site, however the User acknowledges that removal of this proprietary technologies may (and very likely will) reduce page rankings and overall web presence. The code technologies are provided as a service while with Faith Computing Pty Ltd, and the user acknowledges this.
  5. the parties on the day the User makes payment for, or commences use of our services.
  6. The user acknowledges that this agreement does not obligate Faith Computing Pty Ltd to provide to the User information regarding its intellectual property or technologies.

Relationship and Representation

  1. It is understood that all support agents who we supply to provide services and duties on our behalf are commissioned by you. None of these support agents will in any event be construed as or hold themselves to be employees of you. It is further agreed that at no time will the support agents or the work efforts of the support agents be under the supervision or control of you. We agree to comply with all reasonable requests and regulations applicable to any of your business invitees.
  2. It is also agreed that we are not restricted to working exclusively for you during the term of the agreement.

Waiver

  1. The failure of either party to enforce this Services Agreement shall in no way be interpreted as a waiver of its respective rights under the Services Agreement.

Entire Agreement

  1. This agreement contains the entire contract between the parties, and any representations that may have been made before the signing of this contract are non-bonding, void, and of no effect. Neither party has relied on such prior representations in entering into this Agreement.

Notices

  1. A notice or other communication is properly given or served if the party delivers it by hand, posts it or transmits it by electronic mail or facsimile, to the address of the relevant officer, marked to their attention, as set out in the User's stored account details.
  2. Each party shall advise the other of any change in the contact details, address or the identity of the relevant officer.
  3. A notice or other communication is deemed to be received if: a) Sent by post, at the time it would have been delivered in the ordinary course of the post to the address to which it was sent; b) Sent by facsimile, at the time which the facsimile machine to which it has been sent records that the communication has been transmitted satisfactorily (or, if such time is outside normal business hours, at the time of resumption of normal business hours); c) Sent by electronic mail, only in the event that the other party acknowledges receipt by any means; d) Sent by any other electronic means, only in the event that the other party acknowledges receipt by any means; or d) Delivered by hand, the party who sent the notice holds a receipt for the notice signed by a person employed at the physical address for service.

Termination

  1. Faith Computing Pty Ltd reserves the right to refuse or discontinue service to anyone at our sole discretion without notice. Your access to all or part of our services may be denied without notice if we believe any of the terms and conditions have been violated.
  2. This Services Agreement may be terminated during the term of the Agreement by either party upon giving 14 days notice of the termination to the other.
  3. If this Services Agreement expires or is terminated, the accrued rights of the parties and any contract created under this Services Agreement remain unaffected except to the extent that the parties expressly agree otherwise.

Consent and agreement given

  1. This agreement is executed by the parties on the day the User makes payment for, or commences use of our services.
  2. This agreement and referenced attachments constitute the entire contract of the parties hereto and supersedes any prior agreement between the parties.

Agreement Ends.

 

© Faith Computing 2010. This work is copyright. Apart from any use as permitted under the Copyright Act 1968, no part may be reproduced by any process without prior written permission from Faith Computing. Requests and inquiries concerning reproduction and rights should be addressed to the Faith Computing Administration Services by emailing us