Date: December 2014
1. Service Term and Amendment Procedure
1.1 If you have purchased a Service with a minimum term, your minimum total cost is set out in the Service Description.
1.2 You may upgrade your fixed term Service at any time provided you pay any increased fees that apply to the upgraded Service; your upgraded Service will commence from the beginning of the billing month after you have given notice of the upgrade. If you wish to downgrade a fixed term service, you may only do so if there is more than 6 months remaining in your fixed term, and by providing 6 months’ notice.
2. Website Hosting Charges and Restrictions
2.1 For any Service plan which specifies UNLIMITED hosting data transfer, should your site exceed burst (or ongoing) data transit of greater than 5Mb/sec, or otherwise degrade the network performance for other users, the account will be subject to review and possible suspension.
2.2 For Service plans that have data transfer and/or disk space usage limits, should you exceed the allocated limits for your Service (as set in the Service Description), you will be charged excess data and/or storage fees at the rate of $0.099 per megabyte per month.
2.3 You agree to accept additional charges for the transit of IP traffic above and beyond the amount specified as a limit in any Service plan (if any). All excess data will be charged at the rate of 5.5c/MB to the nearest whole MB. These charges will fall due at the completion of the calendar month on normal trading terms of 14 days from invoice. For applicable plans, we will provide an online interface allowing authorised users to monitor website data traffic.
2.4 You must conduct such tests and computer virus scanning as may be necessary to ensure that any data uploaded or downloaded to and from your Service does not contain any computer virus and will not in any way, corrupt the data or systems of any person (including, without limitation, us or our supplier).
2.5 All Service plans are subject to general resource and usage monitoring. The following usage items are expressly prohibited:
2.5.1 Any action or process that unreasonably consumes resources degrading the shared environment for other users is subject to review. This includes but is not limited to execution of scripts (PHP, ASP.NET, CGI/PERL, FTP, HTTP, database connections and the like).
2.5.2 Running standalone, automated server-side processes including, but not limited to any daemon.
2.5.3 Running any bit torrent application, tracker or client.
2.5.4 Participating in file sharing or other peer to peer sharing activity.
2.5.5 Maintenance of multimedia files for streaming video or audio in excess of 5 GB.
2.5.6 Online storage and data backups or archives.
2.5.7 Executing any script for longer than 180 seconds.
2.5.8 Executing any database query that takes longer than 30 seconds to complete.
2.5.9 Specifying cron tasks that execute more frequently than every 300 seconds.
2.5.10 The Service plans disk space pertains only to files required for the normal operation of your website, and which are linked to in that website. Our website hosting plans are expressly prohibited from use as an online file repository.
2.5.11 Any site that uses greater than 89,000 inodes (every file on your hosting account uses 1 inode), or that create file system damage by the rapid creation of large volumes of files, will be subject to review and possible suspension.
2.6 We (or our supplier) shall maintain and control ownership of all IP numbers and addresses that may be assigned to you and may change or remove any and all such IP numbers and addresses.
2.7 You expressly grant to us and our supplier a licence to cache the entirety of your website, including data and content supplied by you and/or third parties, hosted by us or our supplier under these Service Terms. You agree that you shall be responsible for obtaining any agreements and/or consents required of any third party in connection with the grant of this licence.
2.8 In contracting with us for the Services, you do not obtain any rights to the hardware, software or other infrastructure and facilities used by us or our suppliers to deliver the Services.
3. Email Services
3.1 For any Service plan which includes Microsoft Exchange email services, the following terms apply:
3.1.1 To utilise Microsoft Exchange your email does not have to be currently hosted by us. Migration of your existing mail can also be arranged. Devices and GPRS plan costs are not included with this product. You are responsible for the selection, maintenance and support for your mobile device and GPRS plan to which you connect to the Service(s). Synchronisation via your mobile device with the version of Microsoft Outlook installed on your PC is only available to customers with MAPI access (ie. those customers using Premium Email only).
3.1.2 If your Microsoft Exchange mailbox storage usage and/or Public Folder content storage exceeds the allocated limits for your Service, you agree that you will be charged and will pay excess storage usage at the rate of $0.099 per megabyte per month. Mailbox excess storage is calculated at company level, based on the combined total of the average daily storage usage of each Microsoft Exchange mailbox under the account across the given month. Public Folder content storage is calculated at company level, based on the combined total of the average public folder usage of each Microsoft Exchange mailbox under the account across the given month.
3.1.3 You can add additional Microsoft Exchange mailboxes through the customer interface at any time and will be billed for them. You are responsible for activating any new mailboxes.
3.2 For any Service plan which specifies UNLIMITED POP mailboxes (500mb storage allowance per POP mailbox), the following terms apply:
3.2.1 You will be entitled to establish an unlimited number of POP mailboxes through Mission Control, subject to the terms of these Service Terms.
3.2.2 Each individual POP mailbox is subject to a storage limit of 500MB. You will be charged at $0.099 per megabyte per month for all additional usage, calculated at company level, based on the combined total of the average daily storage usage of each POP mailbox under the account across the given month. A limit of 70,000 email messages per POP mailbox applies, and you agree that we may permanently delete your oldest messages to maintain this limit.
3.2.3 This Service does not include an SMTP outgoing mail service and is the customer’s sole responsibility to obtain such services from a third party if required by you.
3.2.4 Should you cancel the Service or change to a plan that does not include POP email functionality, you agree that all established POP mailboxes and email messages will be permanently deleted.
3.2.5 POP mailboxes are not subject to any service levels provided for the Service (if any).
3.2.6 We reserve the right, in our sole discretion, to suspend your access or use of POP mailboxes with the Service if any other customers are being impacted by your POP mailbox usage. You agree that we have no liability to you or any other party in relation to any such suspension.
3.3 For any Service plan which specifies UNLIMITED email accounts, should the mail boxes associated with your account exceed more than 1,000,000 aggregate messages, the account will be subject to review and possible suspension.
4. Service Level Agreements for Web Hosting
The following provisions only apply to Web Hosting Service plans that feature a service level agreement in its Service Description:
4.1 We warrant that your uptime availability will be at least 99.9% (Uptime Service Level) except where failure results from:
4.1.1 failure or malfunction in relation to any device or equipment, any software or power supply outside our control, unless caused by our wrongful act or omission;
4.1.2 your act or omission or that of a person under your direction or control;
4.1.3 scheduled maintenance completed within the agreed maintenance window;
4.1.4 a requirement, direction or any other order issued by an authority with jurisdiction over the service;
4.1.5 unauthorised or illegal access by any third party to the systems used to provide the services including hacking, cracking, virus dissemination and denial of service attacks.
4.2 The Uptime Service Level is not met if:
4.2.1 Router packet loss is in excess of 50% and is sustained for 120 seconds or more;
4.2.2 Latency across the Weboo IP network exceeds 120 milliseconds, for longer than 300 seconds.
4.3 As your sole remedy for failure to meet the Uptime Service Level, we will credit your account with a percentage of the monthly service fees as set out below:
|Outage (in hours)||Service Credit (percentage of monthly fees)|
|0.7 – 7.2||10%|
|7.2 – 14.4||20%|
|14.4 – 21.6||40%|
|21.6 – 28.8||60%|
4.4 You must request a service credit in writing by sending us an email or facsimile. All requests must be made within 30 days of the Uptime Service Level breach occurring, and you must provide us with details of the breach claimed for verification purposes. If the breach is confirmed by us (based on our records obtained from its monitoring endpoints) to have occurred, then we will, within 60 days of your request being received, apply the relevant service credit to your account.
4.5 You will not be entitled to receive a service credit if, at the date of your request for a service credit, you are in breach of any of your obligations under these Service Terms, including the obligation to pay fees and charges.
5. Free Trials
If you have acquired a Service for free for a limited period of time (Free Trial Period), no additional data transfer and/or disk space can be purchased and no additional fees will be charged if your usage exceeds the data limits during the Free Trial Period. However, should you exceed the data limits during any month of the Free Trial Period, we reserve the right to suspend your Service for the remainder of that month. If your Service is suspended during the Free Trial Period, you may elect to move from the Free Trial Period offering to the paid offering at which point services will be resumed. A limit of one Free Trial Period per customer applies. You must give us notice before the end of the Free Trial Period if you wish to cancel that Service. Unless you notify us in advance, the Service will automatically rollover to a paid month to month contract (at the monthly price specified in your order) upon expiry of the Free Trial Period.
6. Suspension or Termination of the Service
6.1 We specifically exclude any warranty as to the accuracy or quality of information received by any person via our servers and in no event will we be liable for any loss or damage to any data stored on our servers. You are responsible for maintaining insurance cover in respect of any loss or damage to data stored on our servers.
6.2 You will conform to the standards made available by us from time to time, including without limitation to our Acceptable Use Policy, and will not yourself, and will ensure that none of your end users, make excessive or wasteful use of the Service(s) to our detriment or that of our other customers. We reserve the right to suspend your Service at the time of service abuse prior notification, and to terminate post three (3) events of suspension of the Service as a result of ongoing lack of resolution of the issue associated.
6.3 We will take all reasonable steps to ensure accurate and prompt routing of messages but we will not accept any liability for non-receipt or mis-routing or any other failure of email. In the event of deliberate transmission of unsolicited commercial email (UCE), we reserve the right to terminate Services without prior notification.
6.4 In addition to any other rights under these Service Terms, you agree that we may without notice to you remove, amend or alter your data upon being made aware of:
- any court order, judgment, determination or other finding of a court or other competent body, that the data is illegal, defamatory, offensive or in breach of a third party’s rights;
- if directed to do so by the Australian Communications and Media Authority under a “take down notice”; or
- an outside party or outside device disrupting or attempting to disrupt the Service.
6.5 Where we provide a Service to you through a supplier, we may terminate and/or replace such supplier at any time without notice to you but will endeavour to do so with minimal disruption and on substantially the same terms as this Contract. If we are unable to do this, you may terminate your Services within 30 days of being notified of the new terms of Service and we will refund you any fees previously paid by you on a pro rata basis.
6.6 If your Service is terminated you must pay all outstanding charges (including, without limitation, excess data transfer and/or disk space charges) and we may delete all data from any storage media. We are under no obligation to provide you with a copy of your data if we have terminated your Service because of your breach. If we provide you with a copy of your data, we are entitled to charge a fee for that service.