Terms

Web Hosting Terms and Conditions

Definitions

Endless Networks (EN): Primary designer/site owner and employees or affiliates.

The Client: The company or individual requesting the services of EN.

All services provided by EN to the Customer are subject to the following terms and conditions.

The following terms and conditions have been put together to provide you with a complete and comprehensive set of policies that bind us as the web designer and/ hosting services provider, and you, our customer.

It is important that you read our relevant terms and conditions before proceeding with any of our service/s

By agreeing to the terms and conditions, the client agrees to use the services according to the account selected or as specifically stated on their invoice. In the case of developers or where a single client holds multiple accounts, these terms and conditions will be taken as binding to all existing and subsequent accounts once the client has provided acceptance of these terms and conditions.

Quotations and Prices

Prices quoted are valid for 14 days and are based on the requirements provided by the client, if these requirements change, EN. may re-quote.

All quotes supplied by EN are valid for 14 days only unless stated otherwise on your quote. If the quote is not accepted with a payment of the deposit (see “Payment Terms” below) within 14 days of the date of the quote then a new quote must be obtained. EN will never increase the original quote during the 14 days period, unless the client makes additions after the work has commenced.

User Conduct

Our services may only be used for lawful purposes. Any use of these services which violates any laws which may apply to EN, your local jurisdiction, or any jurisdiction that you or your site may be subject to is strictly prohibited.

This means that while using the service, you may not:

Post or transmit any unlawful, threatening, abusive, defamatory, obscene, libelous, offensive, pornographic, indecent, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or violate any law. In addition, restrict or inhibit any other user from using and enjoying the Internet.

Non-permissible content

Strictly NO adult websites!

We do not allow on our servers adult content or links to adult web sites.

We do not allow web sites with warez, cracks, serials, etc.

Intellectual Property violations

We do not allow content that infringes upon the intellectual property rights of others. This includes distribution, display, or storage of copyrighted material unless you are the author, copyright holder or you are in possession of explicit permission by the copyright holder.

MP3s and other multimedia formats: You may not use your hosting account to store or distribute such material unless you are the author, copyright holder or you are in possession of explicit permission by the copyright holder.

Accounts found to contain content such listed above, will be disabled or deleted at our sole discretion without prior notification and are not eligible for a refund.

Forging Headers

Forging or modifying email headers to hide or mislead your identity will not be accepted.

Copyright and intellectual property violations

EN will not monitor or interfere with content published on our servers unless proper notice is served advising of an infringement of copyright or intellectual property. Users of our services should at all times ensure that all information published and made accessibly to the general public is not in breach of any applicable copyright or intellectual property laws.

Zero Tolerance Spam & Leeching Policy

EN takes a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists” and “double option” will be treated as spam. We reserve the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with this policy, at its sole discretion. We also reserve the right to make any such modifications that are urgent at our sole discretion.

EN reserve the right to charge the client of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is left entirely to the discretion of us, calculated by the number of messages sent, administration time and removal of spam blocks from external networks.

The customer agrees not to use the shared URL as a primary download link or web site address, except for genuine shared SSL usage, as outlined below. This link is provided for web site testing purposes only. If found to be using the shared URL as a primary download link or web site address, you will be charged extra bandwidth usage charges and/or a clean up charge at the discretion of EN. The shared SSL link can only be used for valid sites that need secure access for their functionality.

Cancellations or refunds

EN will refund the proportional value of any unused services less any outstanding charges owed by the client. Excess usage charges will be billed and arrears and must be paid by the client. Suspended accounts will be charged an administration fee of $25.00 (flat rate).

Payment Terms

Accounts may be suspended if they are not paid within 7 days of due date and prior arrangements are not made.

All data contained in a suspended account will remain on the system, BUT account holders will not be able to access it. The website will display a notice stating that the account is in arrears.

Accounts will be removed from the system and all associated data deleted if the account is not paid within 1 month of due date. Whilst accounts are in arrears, clients will not have access to data stored on EN servers. EN reserves the right to delete data on canceled accounts without further notice.

Any outstanding accounts that have been repeatedly ignored orally, by e-mail, by phone or by post will be handed onto debt collectors and will incur whatever fees they set to recover the debt on top of the original amount. In the cases of non payment of accounts within Australia over 30 days old the bad debt will also be reported to the Australia Credit References Association.

Payments can be made by cheque, money order, or direct bank deposit to EN’s nominated bank account only.

Termination of agreement

The client must give EN within 30 days notice if they wish to terminate this agreement at any time beforehand. Unless otherwise stated EN may also in return terminate this agreement on the giving of 30 days notice if we do not hear of your instructions to proceed or we discover that EN has been unlawfully abused by clients in every and any unacceptable manner relating to these terms and conditions.

If either party terminates this agreement, the proportional value of any unused prepaid services will be refunded unless the use of service was illegal.

In using the services provided the client must abide by all applicable Local, State (New South Wales), Federal and International laws, treaties and regulations and any violation of this provision can result in immediate termination or with 30 days notice depending on the severity of the violation at the absolute discretion of EN.

Refusal of Service

EN retains the right to refuse services to the Client. Refusal of service may result if:

a. the client fails to pay accounts within 7 days of the due date, unless otherwise prior arrangements in writing between EN and the client have been discussed
b. if the agreement is terminated or suspended
c. if the client abuse or misuse the services or fails to comply with the customers obligations under the agreement

Limitation of Liability

EN does not warrant to the client that the client will receive continual and uninterrupted services during the Terms of this agreement. In no event shall EN be liable to the Client for damages or loss resulting from or in relation to any failure or delay of EN to provide services under this Agreement if such delays or failures are due to circumstances beyond our control (Act of GOD eg. Bad weather conditions). Such a failure or delay shall not constitute a default under this agreement. EN, its directors, agents or employees will not be liable in any way for any form of loss or damage of any nature whatsoever suffered, whether arising directly or indirectly, by the Client or any person related to or dealing with the client out of, in connection with or reasonably incidental to the provision of the services by EN to the Client.

Disclaimer of Warranties

While EN uses all reasonable care in providing the Service, EN shall not have any liability whatsoever in respect of any loss or damage resulting from the provision of the service, errors or omission in information provided in relation to the service. EN liability in the event of failure to provide adequate service shall not extend beyond the cost of providing a comparable service.

Indemnity

Client agrees to defend, indemnify and hold EN harmless from and against any and all claims, losses, liabilities and expenses (including solicitors’ fees) related to or arising out of the Services provided by EN to Client under this Agreement, including without limitation claims made by third parties (including customers of Client) related to any false advertising claims, liability claims for products or services sold by Client, claims for patent, copyright or trademark infringement, claims due to disruption or malfunction of services provided here under, or for any content published by Client using the services, but excluding those directly caused by the negligence of EN.

Passwords

The Client must ensure their password is only given to people whom they give authority to access their account. EN takes no responsibility to damage or loss resulting from un-authorized access to an account where access is gained with a valid username and password. EN systems will never request to be notified of the clients’ password/s.

Unauthorized access

Attempt to use EN servers by the client to attack other networks/computers will result in cancellation of the account at the discretion of EN.

Strictly NO refunds for the abuse and misuse of all EN services!

Permission to access data

The client is given the authority to access data contained in their account only. With the exception of having read-only access log files, users do not have the authority to access, read or write data to any other location on the EN servers.

Privacy of information

In the normal course of business EN will not monitor, intercept or interfere with information stored or passing through our system. Clients should be aware that the Internet is not a secure place and should utilise the tools provided (encryption of data transfer including SSH, SCP) to maintain security of the information transferred through our system.

Data Backup

EN regularly makes backup copies of information stored on its servers for disaster recovery purposes. Nevertheless, availability of backups is not guaranteed and we will not be responsible for loss of customer data. Clients are advised to make regular backups of the information they store on our servers. Our Control Panel provides tools that facilitate data backup and restoration.

Acceptance of changes

EN may from time to time (without notice) vary the Acceptable usage policy, charges and conditions outlined in this agreement. The version of this agreement that is published at www.endlessnetworks.com.au should always be taken as the binding and most recent version of these terms and conditions.

Maintenance

From time to time EN must take the service off-line to perform maintenance in the form of software and hardware upgrades to ensure the services continues to operate at its optimum. Maintenance will be carried out in periods of low usage to minimise disruption. All clients will be notified on their nominated contact email address in a reasonable amount of time prior to such activities.

Phone support may be charged depending on the time spent with a client.

Email support is free

EN is acting as the agent for their Clients.

Domain Names

EN cannot guarantee that it will be able to register any requested domain names and that until EN has had confirmation of registration. The client cannot assume that registration has been taken into effect immediately and must wait for EN’s instructions.

EN gives no warranty that the internet domain name requested will not infringe the rights of any third party and that the client indemnifies you in respect of any such infringements.

EN does not hold the responsibility of renewing the domain name for its client and can therefore not be held responsible for doing so.

Entire Agreement

The client acknowledges and agrees that this Agreement is the entire Agreement between the parties and excludes all oral or implied representations and terms unless such terms are agreed between the parties in writing.

Acceptable Use Policy

This acceptable usage policy is designed to make clear exactly which activities must not be engaged in whilst using services provided by EN.

The policy will in no way restrict your activities provided you act in a considerate and law-abiding manner.

IT Technical Support Terms and Conditions

Definitions

Endless Networks (EN): We provide IT Support to the individual or company under strict terms and conditions.

The Client: The company or individual requesting the services of EN.

All services provided by EN to the Customer are subject to the following terms and conditions.

The following terms and conditions have been put together to provide you with a complete and comprehensive set of policies that bind us as the onsite technical services provider, and you, our customer.

It is important that you read our relevant terms and conditions before proceeding with any of our service/s

All clients must agree to the complete set of terms and conditions before any work is undertaken by EN.

It is the responsibility of the client to approve all work before the technician leaves the site.

It is the responsibility of the client to outline the reason for the visit and provide details of the issues, when the technician arrives on site. It is also the responsibility of the client to provide a company liaison person (18 years and older) who will be present throughout the time that the technician is on site, so that the technician is able to obtain the information he/she requires to complete the job.

All work carried out by EN is covered by a 5 business day guarantee after the technician completes the job. Any common problems resulting after this date will be dealt with separately and charged accordingly. All new hardware is covered under a separate warranty issued by the individual manufacturer.

Any problems caused by unauthorised people (i.e. Non EN Staff), will not become the responsibility of EN and therefore will not be accountable for it.

All work will be charged at the standard rate unless the client is under a pre-arrange support contract or unless previously agreed between both parties. (Please check our current rates)

All technicians provided by EN will give a full explanation of the work carried out before leaving and where possible give a cost to the client of the work completed.

Appointment’s and Rescheduling Onsite Support

EN may charge a waiting fee for long delays caused by client’s availability. The fees applicable may vary depending on the circumstances.

The client must give a minimum of 24 hours notice if they wish to re-arrange an appointment otherwise EN may at its sole discretion charge a fee for rescheduling. Please refer to EN’s payment methods.

Quotations

All quotations are carried out free of charge and may require a site visit to assess the requirements and provide a competitive quote. However EN will not be held responsible for issues arising from any survey. It is the responsibility of the client to carry out a backup on any sensitive data before the visit and to raise any issues, which may be as a result of the visit, before the technician leaves the site.

All clients must agree and acknowledge the quotation survey to take place by an EN technician before any work begins. This can be done by email.

EN retains the right to withdraw any quotation that it has put forward to the client, at anytime and without prior notice.

The overall price of any quote may fluctuate depending on the time between when it was issued and when the client agrees to proceed.

All areas of work to be completed during the quoted work will be listed on the quotation form. Any work outside this will be charged separately and the client notified.

No purchases of hardware or software will take place, until the quotation has been accepted by the client and the appropriate payment made.

Software

All software licenses are the responsibility of the client and not that of EN. It is the duty of the client to store all licenses for all software used, so that they can be reproduced if and when required. This includes all software installed by EN.

EN does not support illegal software products or practices and will not provide any service related to or depending on them.

Payments

All invoices must be paid on receipt of invoice, unless otherwise agreed by EN.

EN reserves the right to vary from time to time all charges with one month’s notice to the customer.

EN has the right to seek legal action against any client refusing to pay the agreed some of money, in the agreed period.

Any new hardware or software purchased for the client must be paid in full before the order can take place, unless otherwise agreed by EN.

No further service or work will be completed and/or supply of equipment will be made available to any client who is financially outside EN’s payment terms and conditions.

Any outstanding accounts that have been repeatedly ignored orally, by e-mail, by phone or by post will be handed onto debt collectors and will incur whatever fees they set to recover the debt on top of the original amount. In the cases of non payment of accounts within Australia over 30 days old the bad debt will also be reported to the Australia Credit References Association.

Payments can be made by cheque, money order, or direct bank deposit to EN’s nominated bank account only.

Loss and Liabilities

EN will perform the scope of work outlined in each service to the best of its ability but makes no guarantees as to the service quality nor does it accept responsibility and liability for ongoing support matters.

EN makes no guarantees nor accepts any responsibility and liability for any consequential direct or indirect loss or damage resulting from technical and operational matters or from delays of any nature or cause whatsoever.

EN are not responsible for hardware, software or Internet related technical problems unless they fall within the scope of the job but may at their discretion fix any such problems provided the customer is prepared to pay for any extra time required by our payment options.

EN will not be responsible for any losses your business may suffer due to network, computer, and system failure or down time.

EN clients agree that it shall defend, indemnify, save and hold EN harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against EN, 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 client, it’s agents, employees or assigns.

EN reserves the right to change or update policies without notice. This includes rates and other fees where applicable. Please always ensure you keep up to date with EN.’s latest rates and fees relating to any of our services.

Customer’s Responsibilities

The Customer shall as a fundamental term of these conditions back up all software and data that is stored on its computer’s hard disk drive(s) and/or on any other storage devices it may have prior to the arrival of the EN’s technicians. EN and/or its third party service providers shall not be responsible at any time for any loss, alteration or corruption of any such software, data or files.

Warranty

All new equipment supplied comes with the standard return to base manufacturer’s warranty.

Warranty claims found to be software and/or configuration error and/or caused by the user will attract a labour charge.

Warranty repairs completed are done to the satisfaction EN’s technical manager.

EN is not responsible for loss of data; recovery of data; the making of backups; or for consequential loss/damage outside the control of EN.

All freight costs are the responsibility of the purchaser/client.