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Definitions
In these terms of service, the following terms have the meanings set against
them respectively, unless the context otherwise requires:
‘AAA Abbey Hosting’ means AAA Abbey Hosting Pty Limited (Australian Company
Number 129 083 423);
‘Acceptable Usage Policy’ means AAA Abbey Hosting’s acceptable usage policy as
published on its website from time to time;
‘this Agreement’ means the contract that comes into effect when AAA Abbey
Hosting accepts your order for the Services;
‘Hosting’ means hosting of your domain name, website or data on a server
provided by or through AAA Abbey Hosting;
‘Material’ includes (without limitation) data and files;
‘Network’ means the website and website services provided by or through AAA
Abbey Hosting;
‘Privacy Policy’ means AAA Abbey Hosting’s privacy policy as published on its
website from time to time;
‘Service’ means a service provided by or through AAA Abbey Hosting including,
without limitation, Hosting;
‘You’ means a customer who subscribes for Hosting and, where applicable, your
directors, officers, employees, servants, agents, contractors and assigns and
‘your’ has a corresponding meaning.
Interpretation
In these terms of service, unless the context otherwise requires:
(a) Words denoting the singular number include the plural and vice versa;
(b) Words denoting individuals include corporations and vice versa;
(c) Words denoting any gender include all genders;
(d) The words "written" and "in writing" include any communication by letter or
facsimile;
(e) References to any party include that party's successors or permitted
assigns;
(f) Any covenant or agreement on the part of two or more persons binds all of
them jointly and each of them severally;
(g) Headings are for ease of reference only and shall be ignored in the
interpretation of this Agreement;
(h) References to clauses or paragraphs are references to clauses of or
paragraphs in this Agreement;
(i) References to this Agreement, any agreement or instrument shall be deemed to
include references to this Agreement, such agreement or instrument as amended,
novated, supplemented, varied or replaced from time to time;
(j) References to any legislation or to any section or provision thereof include
any statutory modification or re-enactment thereof and any statutory provision
substituted therefor and ordinances, by-laws, regulations and other statutory
instruments issued thereunder.
Terms of service, changes and modifications
These terms of service govern your order for and use, in any manner, of Hosting
ordered by you and provided by or through AAA Abbey Hosting and describes the
terms and conditions that apply to such order and use of the Services. AAA Abbey
Hosting reserves the right to change or modify any of the terms and conditions
contained in this Agreement and any policy or guideline incorporated by
reference at any time and from time to time in its sole discretion, and to
determine whether and when any such changes apply to both existing or future
customers. Any modification will be effective upon posting of the revisions on
AAA Abbey Hosting’s site. AAA Abbey Hosting may post changes or modifications to
referenced policies and guidelines without notice to you. Your continued use of
the Services following AAA Abbey Hosting’s posting of any changes or
modifications will constitute your acceptance of such changes or modifications.
IF YOU DO NOT AGREE TO THE TERMS OF ANY CHANGE OR MODIFICATION, CEASE USING THE
SERVICES AND IMMEDIATELY NOTIFY AAA ABBEY HOSTING OF YOUR TERMINATION OF THIS
AGREEMENT IN THE MANNER DESCRIBED BELOW.
I. Overview
1. This Agreement shall initially be for a term equivalent to the period for
which you subscribe when you place your order, commencing on acceptance of your
order by AAA Abbey Hosting ('Initial Term'). By placing your order, you agree to
all terms and conditions of services provided by or through AAA Abbey Hosting
(including applicable third party terms).
2. All charges for the Services are non-refundable Guarantee and must be paid in advance
according to the then current prices applicable to the Services. Upon
registration for the Services, you must choose to pay for the Services either by
credit/debit card or by PayPal upon your receipt of an invoice. If you choose to
pay by credit card upon registering for the Services, you thereby authorize AAA
Abbey Hosting to charge your credit card to pay for any charges that may apply
to your account. If you pay via PayPal, the PayPal subscription MUST remain
active for your hosting account to remain active. When you cancel your
subscription with PayPal, you also cancel AAA Abbey Hosting’s Hosting service.
If you cancel early, no refund will be given for any unused portion of service.
You agree that AAA Abbey Hosting may accumulate any supplemental charges, as
described in the Order Form, incurred by you in your use of the Services
('Supplemental Charges') until such charges exceed $20 and then invoice the
charges to you. You must notify AAA Abbey Hosting of any changes to your billing
information, your billing address, credit card on file, or any information that
may prohibit AAA Abbey Hosting from charging you. If you choose to be invoiced
upon registration for the Services, AAA Abbey Hosting will send an invoice to
you for the Services applicable to the period for which you have registered for
the Services. AAA Abbey Hosting may also send periodic invoices to you for any
applicable Supplemental Charges associated with your use of the Services.
You agree to pay to AAA Abbey Hosting the amount indicated in each invoice by
the due date reflected on the invoice. If you fail to pay any fees and taxes
within three (3) days from applicable due date for credit card or invoice
payments, late charges of the lesser of one and one-half per cent (1.5%) per
month or the maximum allowable under applicable law shall also become payable by
you to AAA Abbey Hosting. In addition, your failure to fully pay any fees and
taxes within five (5) days after the applicable due date will be deemed a
material breach of this Agreement, justifying AAA Abbey Hosting’s suspension of
its performance of the Services and/or termination of this Agreement. You are
responsible for any fees associated with reinstatement of the Services. Any such
termination will not relieve you from paying past due fees plus interest. In the
event of collection enforcement, you will be liable for any costs associated
with such collection, including, without limitation, reasonable solicitors'
fees, court costs and collection agency fees.
3. This Agreement will be automatically renewed at the end of the Initial Term
for the period equivalent to the Initial Term (the 'Renewal Term') and at the
end of each Renewal Term unless you provide AAA Abbey Hosting with notice of
termination at least one month prior to the end of the Initial Term or the
Renewal Term, as applicable.
4. Initial payment is due upon activation of account. Activation takes effect on
the date of receipt of payment, and will be renewed automatically for identical
successive periods. Any changes made to your package shall be billed
accordingly.
5. All orders are subject to acceptance by AAA Abbey Hosting. An order will be
deemed accepted by AAA Abbey Hosting when confirmation of the order is sent to
you. AAA Abbey Hosting may refuse to accept any order, or delay acceptance
awaiting completion of conditions the company may choose to exercise. Such
refusal of such conditions may not be unreasonable, however, and AAA Abbey
Hosting agrees to provide you with reasonable notice by E-mail or fax of any
intent to delay or decline the acceptance of any order.
6. AAA Abbey Hosting reserves the right to suspend your account and the Services
without notice should there be any problem with your method of payment. This
includes expired credit cards, declined credit cards, inactive credit cards,
failed subscription payments, and invalid cheques or echeques. AAA Abbey Hosting
also reserves the right to refuse service to you if you are abusive toward AAA
Abbey Hosting employees and consultants.
7. Your bandwidth utilization entitlement is unlimited.
8. You will be responsible for all server administration related issues. AAA
Abbey Hosting will monitor your server for uptime and provide free reboot upon a
request.
9. AAA Abbey Hosting may filter and block certain ports without notice at any
time to protect the Network from Denial of Service (DDoS), SYNC, and Ping flood
attacks. You will need to consult with the engineering department as to which
ports are available.
II. Taxes
AAA Abbey Hosting shall not be liable for any taxes or other fees to be paid in
accordance with or related to purchases made from you or by means of the
Network. You agree to take full responsibility for all taxes and fees of any
nature associated with any such products sold.
III. Material and Products
1. AAA Abbey Hosting will exercise no control whatsoever over the content of the
information passing through the Network or on your web sites. Except as required
by law AAA Abbey Hosting makes no warranties or guarantees of any kind, whether
expressed or implied, for the service it is providing. To the fullest extend
permitted by law, AAA Abbey Hosting also disclaims any warranty of
merchantability or fitness for particular purpose and will not be responsible
for any damage that may be suffered by you, including loss of data resulting
from delays, non-deliveries or service interruptions or gaps however caused
(including, without limitation, caused by your errors or omissions). AAA Abbey
Hosting is not responsible for any loss, erasure, or corruption of your data or
files whatsoever. Use of any information obtained by way of the Services is at
your own risk, and AAA Abbey Hosting specifically denies any responsibility for
the accuracy or quality of information obtained through the Services. Network
connectivity represents the speed of connection to the Network and does not
represent a guarantee of available end to end bandwidth. AAA Abbey Hosting
expressly limits its liability to you for any non-accessibility time or other
down time to the pro-rated monthly charge during the system unavailability. AAA
Abbey Hosting specifically denies any responsibility for any damage arising from
a consequence of such unavailability. In the event that any of your Material is
not 'server-ready', AAA Abbey Hosting may, at its option and at any time, reject
such Material, including but not limited to after it has been put on AAA Abbey
Hosting’s servers. AAA Abbey Hosting agrees to notify you immediately of AAA
Abbey Hosting’s refusal of the Material and afford you the opportunity to amend
or modify the Material to satisfy AAA Abbey Hosting’s needs and/or requirements.
If you fail to modify the Material, as directed by AAA Abbey Hosting, within a
reasonable period of time, which shall be determined between the parties
themselves, the Agreement shall be terminated.
IV. Warranties & Representations
You warrant and represent to and covenant with AAA Abbey Hosting that (a) you
are at least nineteen (19) years of age; (b) you possess the legal right and
ability to enter into this Agreement; (c) you will use the Services only for
lawful purposes and in accordance with this Agreement and all applicable
policies and guidelines; (d) you will be financially responsible for the use of
your account; (e) you have acquired or will acquire all authorizations necessary
for hypertext links to third-party Web sites or other content; (f) you have
verified or will verify the accuracy of Material distributed or made available
for distribution via the Services, including, without limitation, your content,
descriptive claims, warranties, guarantees, nature of business, and address
where business is conducted, and (g) your content does not and will not infringe
or violate any right of any third party (including any intellectual property
rights) or violate any applicable law, regulation or ordinance.
V. Trademarks & Copyrights
You warrant that you own or have the right to use all trademarks, if any, and
Material which you put on your website or the Network.
VI. Termination
This Agreement may be terminated by AAA Abbey Hosting, without cause and/or
notice. In such event, the company will not be required to pay to you the amount
of any unused or prorated portion of service charges. Without limiting the
above, AAA Abbey Hosting may terminate the service under this Agreement at any
time, without penalty, if you fail to comply with the terms of this Agreement.
It is your responsibility to point your domain to another service provider upon
termination, cancellation or discontinuation of service.
VII. Cancellations
You agree that unless and until you notify AAA Abbey Hosting of your desire to
cancel any or all of the Services, the Services will be billed on a recurring
basis. Cancellation requests must be submitted not less than one month prior to
your next billing due date or you will still be responsible for payment.
Cancellations must be notified in writing via email to
cancel@aaaabbeyhosting.com.
VIII. Limited Liability
1. You expressly agree that use of AAA Abbey Hosting Servers is at your sole
risk. Neither AAA Abbey Hosting, its employees, agents, resellers, third party
information providers, merchants, licensors or the like, warrant that AAA Abbey
Hosting’s service will not be interrupted or be error free; nor do they make any
warranty as to the results that might be obtained from the use of the Server
service or as to the accuracy, or reliability of any information service or
merchandise contained in or provided through the Network, unless otherwise
expressly stated in this Agreement. You also acknowledge and accept that any
liability will be limited to no more than 100% of the previous month's invoice.
2. Under no circumstances, including negligence, shall AAA Abbey Hosting, its
officers, agents or any one else be liable for any direct, indirect, incidental,
special or consequential damages that result from the use of or inability to use
AAA Abbey Hosting’s service; or that results from mistakes, omissions,
interruptions, deletion of files, errors, defects, delays in operation, or
transmission or any failure of performance, whether or not limited to acts of
God, communication failure, theft, destruction or unauthorized access to AAA
Abbey Hosting’s records, programs or services. You hereby acknowledge that this
paragraph shall apply to all contents on all servers.
IX. Indemnification
You agree that you shall defend, indemnify, save and hold AAA Abbey Hosting and
its directors, officers, employees, servants, agents, contractors and customers
(‘those indemnified’) harmless from all claims, demands, actions, suits,
liabilities, damages, losses, costs and expenses, including reasonable
solicitors’ and attorneys’ fees, ('Liabilities') asserted against or for which
any of those indemnified may become liable arising or resulting from any service
provided or performed or agreed to be performed or any product sold by you, your
agents, employees or assigns. You agree to defend, indemnify and hold harmless
those indemnified against all Liabilities arising out of or resulting from (i)
any injury to person or property caused by any products sold or otherwise
distributed via the Network; (ii) any Material supplied by you infringing or
allegedly infringing on the proprietary rights of a third party; (iii) copyright
infringement (iv) any defective product which you sell on the Network and (v)
any breach of this Agreement, the Acceptable Usage Policy or the Privacy Policy.
X. Partial Invalidity
If any provision of this agreement is held to be invalid by a court of competent
jurisdiction, then the remaining provisions shall nevertheless remain in full
force and effect. AAA Abbey Hosting and you agree to renegotiate in good faith
any term held invalid and to be bound by mutually agreed substitute provision.
XI. Disputes
The parties shall try to resolve all disputes that might arise out of this
agreement in a spirit of cooperation without formal procedures. Any dispute
which cannot be so resolved (other than the collection of money due on unpaid
invoices) and other than the injunctive relief referred to in this Agreement
shall be subject to arbitration upon written demand of either party. Arbitration
shall take place in Sydney, Australia. The arbitration will take place before an
arbitration panel chosen as follows: The parties shall each choose an
arbitrator, and the two arbitrators shall choose a third arbitrator and
determine the third arbitrator's pay. Each party shall have one veto over the
choice of the third arbitrator. The three arbitrators shall schedule an informal
proceeding, hear the arguments, and decide the matter by secret majority vote.
Unless the arbitrators decide otherwise, each party shall pay the costs of its
own arbitrator, and shall pay half of the other costs of the arbitration
proceeding. Each party shall have the right to have the proceedings transcribed.
The arbitrators will not have the authority to award punitive damages or any
other form of relief not contemplated in this agreement. The majority of
arbitrators shall render a written opinion setting forth the basis on which they
arrived at the decision regarding each issue submitted to arbitration; the
dissenting arbitrator, if any, shall not issue a dissenting opinion. Regarding
each issue submitted to arbitration, the decision will be final and binding only
to the extent it is accompanied by a written explanation of the basis upon which
it was arrived at. Judgment upon the award, if any, rendered by the arbitrators
may be entered in any court having jurisdiction.
Should any legal action permissible under this agreement be taken to enforce the
conditions and terms of this agreement, in particular the right to collect money
due on unpaid invoices, the prevailing party shall be entitled to recover
reasonable legal fees and expenses incurred at the trial and appellate levels.
XII. Confidentiality
You acknowledge that by reason of their relationship, both you and AAA Abbey
Hosting may have access to certain products, information and Material relating
to the other party's business, which may include business plans, customers,
software technology, and marketing plans that are confidential and of
substantial value to either party, respectively, and which value would be
impaired if such information were disclosed to third parties. Consequently, AAA
Abbey Hosting and you each agree that it will not use in any way for its own
account or for the account of any third party, nor disclose to any third party,
any such information revealed to it by the other party, as the case may be.
You and AAA Abbey Hosting each further agree to take every appropriate
precaution to protect the confidentiality of such information. In the event of
termination of this agreement, there shall be no use or disclosure by either
party of any such confidential information in its possession, and all
confidential documents shall be returned to the rightful owner, or destroyed.
The provisions of this section shall survive the termination of the agreement
for any reason. Upon any breach or threatened breach of this section, either
party shall be entitled to injunctive relief, which relief will not be contested
by you or AAA Abbey Hosting.
XIII. Notices
Except with respect to service of process, all notices may be sent by e-mail,
fax, or express mail to the e-mail address, fax number, or address most recently
provided by the recipient and will be effective upon transmission. Evidence of
successful transmission shall be retained.
XIV. Acceptable Usage Policy and Privacy Policy
You accept and agree to abide by the Acceptable Usage Policy and the Privacy
Policy at all times when using any of the Services.
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