Terms of Service
1.1. “Account” means the account held with Perth Web Hosting by the Client that is used for billing, contact information and details of Services assigned to the Client.
1.2. “Client” means the person or entity who ordered Service(s) from Perth Web Hosting.
1.3. “Service”, “Service(s)” or “Services” means any product(s) or service(s) the Client has ordered from Perth Web Hosting. This can include, but is not limited to, web site hosting, domain name registration or transfer or renewal, SSL certificates, cloud servers. These product(s) and service(s) are identified in full within the “sign up” and “service provision” emails Perth Web Hosting sends to the Client after an order has been placed. The specific details of the Services can be found by logging in to MyToolbox or on our website.
1.4. “Perth Web Hosting” means the business providing you, the client with the services
1.5. “MyToolbox” refers to Perth Web Hosting’s client account, billing and management portal, available online at https://www.perthwebhosting.net.au/whmcs
3.1. The Client agrees to a month to month contract term for Services unless otherwise stated in the Service offering (eg. domain names, SSL certificates, special Services with an agreed term), or otherwise agreed in writing. The month to month contract for Services is automatically renewed each month in perpetuity subject to cancellation by the Client as per Section 14 of this agreement.
3.2. Monthly services are established as part, thereof, signifying the beginning of a new month demotes commitment till the end of that monthly period.
4. Service, Marketing and Promotional Emails
4.1. The Client agrees to receive emails directly relating to the Service(s) provided, as well as marketing and promotional emails from Perth Web Hosting to the email address registered to their account. The Client can unsubscribe from marketing and promotional emails only, by submitting a request to firstname.lastname@example.org. The email must come from the registered email address on file
4.2. The Client may opt-in to receive email and SMS notifications from our Service Status system in relation to their Service(s). This subscription can be modified at any time by the Client in MyToolbox and are disabled unless otherwise enabled by the Client.
4.3. Clients with eligible services may receive service specific notifications (including, but not limited to suspension notices) via SMS to their mobile device if a mobile number is present in MyToolbox.
4.4. The Client may opt-in to receive marketing and promotional SMS messages from Perth Web Hosting to a nominated mobile number. The Client can unsubscribe from marketing and promotional SMS only, by disabling them in MyToolbox.
4.6. If the Client does not want to receive these mandatory service-specific emails messages (where applicable), they are required to cancel all active Services and close their Account, in accordance with Section 14 of this policy. The Client may, however, opt-out from receiving marketing and promotional emails and/or SMS messages at any time by disabling them in MyToolbox as described in Section 4.
5. Availability of Services
5.1. While Perth Web Hosting will endeavour to provide continuous availability of all Services to the Client, Perth Web Hosting will not be liable for any Service interruptions or down time that is not covered by a Service Level Agreement.
5.2. Scheduled maintenance will be performed at a time which is deemed suitable by Perth Web Hosting which has the least noticeable impact on the Client, and should it require the Services to be offline for greater than thirty (30) minutes, Perth Web Hosting will post details of the scheduled maintenance at least two (2) days prior. These notifications will be emailed out, posted up on our facebook page and twitter account.
5.3. Unscheduled maintenance will be performed as required by Perth Web Hosting, and should Services be offline for greater than thirty (30) minutes, Perth Web Hosting will post details of the maintenance and any updates until it has been completed. Details of these events can been found at https://www.perthwebhosting.net.au/whmcs/serverstatus.php or by visiting our facebook page and twitter account.
6. Domain Name Registration and Renewal
6.1. The Client acknowledges that Perth Web Hosting is an authorised reseller of The Uber Global Group Pty LTD (Trading as Aussie HQ), an ICANN and auDA accredited registrar.
6.2. The Client acknowledges that they have read and agree to any applicable Registrant Agreement before purchasing any domain name Service(s) from Perth Web Hosting.
6.3. The Client acknowledges that all domain name Service(s) are non-refundable once the order for the domain name Service(s) has been accepted and processed by Perth Web Hosting.
6.4. Perth Web Hosting does not warrant or guarantee that a domain name registration will be approved, irrespective of whether the invoice for the domain name has been paid. The Client should take no action in respect of the requested domain name(s) until they have been notified by Perth Web Hosting that the domain name(s) has been successfully registered and is in the Clients name.
6.5. The registration of the domain name and the ongoing use of the domain name are subject to the relevant naming authority’s terms of service and the Client is responsible for ensuring awareness of these terms and that they are adhered to. The Client waives any right to make claim against Perth Web Hosting in respect to a decision made by a naming authority to refuse registration or renewal of a domain name.
6.6. The Client acknowledges that Perth Web Hosting is not obligated to renew a domain name if the Client has not confirmed to Perth Web Hosting that the domain name is to be renewed, or the invoice for renewal has not been paid in full, or it is determined that the Client does not satisfy the eligibility criteria to continue holding the domain name license. In these circumstances, Perth Web Hosting will not be held liable by the Client for any loss or damages. All renewal requests must be submitted via MyToolbox or by sending us a confirmation via email to email@example.com and it is the Client’s responsibility to confirm that the renewal request has been successfully processed in full.
6.7. Domain name registration or renewal may be declined by Perth Web Hosting if the Client is in breach of the Terms of Service, Acceptable Use Policy, Client Service Policy or any applicable Registrant Agreement, or the client has other unpaid invoices in their Account.
6.8. It is the Client’s responsibility to ensure that the Registrant, Technical and Administrative contact information is kept up to date on every domain name.
6.9. As per registry-registrar policy and agreements, Perth Web Hosting will use the Registrant contact information to advise the Client of any pending expiry, renewal or transfer requests relating to the domain name.
6.10. Should the Client choose to terminate all services with Perth Web Hosting, but does not transfer a domain name to another registrar, the Client agrees that Perth Web Hosting may contact the Client after the Account closure to advise of any domain name expiry, renewal or transfer.
7. Limitation of Liability
7.1. Perth Web Hosting shall not be liable to the Client for harm caused by or related to the Client’s Service or inability to utilise the Service unless caused by gross negligence or wilful misconduct.
7.2. Neither Party shall be liable to the other for lost profits, direct or indirect, special or incidental, consequential or punitive, or damages of any kind whether or not they were known or should have been known.
7.3. Notwithstanding anything else in this agreement, the maximum aggregate liability that Perth Web Hosting, any of its employees, agents or affiliates, under any theory of law, shall not exceed a payment in excess of the amount paid by the Client for the Service in question for the six months prior to the occurrence of the event(s) giving rise to the claim.
8. Client General Warranties and Undertakings
8.1. The Client warrants that any information supplied for the purpose of creating an Account with Perth Web Hosting, including but not limited to, first name, last name, address, telephone number and email address is true and correct, and will be kept up to date via MyToolbox or by sending us an email to firstname.lastname@example.org.
8.2. The Client warrants that they will keep any passwords or sensitive information used with the Service in a secure location and the information is not to be shared with any other party.
8.3. The Client warrants that at the time of entering into this agreement they are not relying on any representation made by Perth Web Hosting which has not been expressly stated in this agreement, or on any descriptions or specifications contained in any other document produced by Perth Web Hosting.
8.4. The Client warrants that all due care has been taken to ensure data integrity before it has been uploaded to Perth Web Hosting’s servers. This includes an undertaking that the Client will conduct the appropriate virus and malware scans on the data before it is uploaded to Perth Web Hosting’s servers.
8.5. The Client agrees that they are solely responsible for dealing with cases of unauthorised third parties accessing their Account and/or Service(s). These matters should be referred to the relevant authorities for investigation as soon as possible.
9. Perth Web Hosting General Warranties and Undertakings
9.1. Perth Web Hosting accepts liability for the supply of the Service to the Client to the extent provided in this agreement.
9.2. Perth Web Hosting does not warrant that:
- The Services provided within this agreement will be uninterrupted or error free;
- The Services will meet your requirements, other than as expressly set out in this agreement;
- The Services will not be subjected to external hacking attempts, viruses, worms, denial of service attacks, or other persons gaining unauthorised access to the Service or internal Perth Web Hosting equipment.
9.3. Perth Web Hosting does not make or give any express or implied warranties including, without limitation, the warranties of merchantability or fitness for a particular purpose, or arising from a course of dealing, usage or trade practice, with respect to any goods or services provided under or incidental to this agreement.
9.4. No oral or written information or advice given by Perth Web Hosting or its resellers, agents, representatives or employees, to the Client, shall create a warranty or in any way increase the scope of the express warranties hereby given, and the Client should not rely on any such information or advice.
9.5. In no event will Perth Web Hosting be liable to the Client for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.
10. Fees and Credit Management
10.1. In relation to fees for Services:
- Fees for Services ordered by the Client shall begin on the date of the initial order, and the chosen billing cycle in advance. This may be monthly, quarterly, semi-annually, annually, biennially or triennially.
- Fees are due in advance of the billing cycle and will be invoiced to the Client fourteen (14) days prior to the due date. If a credit card is stored on in the Account, it will be charged three (3) days prior to the due date to allow sufficient time for any potential issues (such as insufficient funds, expired cards, etc) to be rectified before the due date.
10.2. In relation to fees for upgrades to Services:
- Upgrades ordered by the Client on the billing anniversary date will be billed for a full cycle and will continue each cycle on the anniversary date, unless the Services only allows annual or biennially billing cycles (eg. domain name registrations, etc).
- Upgrades ordered by the Client after the billing anniversary date will be prorated to the next anniversary date at the full monthly cost. Future fees will appear as the new plan from your existing anniversary billing date.
- Fees for upgrades will be payable within seven (7) days of the upgrade taking place. If a credit card is stored on file, it will be charged three (3) days prior to the due date, to allow sufficient time for any potential issues (such as insufficient funds, expired cards, etc) to be rectified before the due date.
- Additional fees may be payable for upgrades where manual work is required by Perth Web Hosting to process the upgrade request.
10.3. In relation to fees for downgrades to Services:
- Downgrades will be processed when the request is received by Perth Web Hosting from the Client, unless otherwise specified in the request.
- A credit will be issued to the Client’s Account as account credit for the difference of any prorated pre-paid amount minus the cost of the new plan prorated on the chosen cycle.
- A $9.95 administration fee may be charged for a downgrade request at Perth Web Hosting’s sole discretion. Additional fees may be payable for downgrades where manual work is required by Perth Web Hosting to process the downgrade request.
10.4. Fees for one-off Services including, but not limited to, dedicated IP addresses, SSL certificates, data blocks and disk blocks, are due within seven (7) of the invoice being issued.
10.5. All published prices are inclusive of the GST (Goods and Services Tax) and charges unless otherwise noted.
10.6. Any unpaid invoices in the Client’s Account must be paid in full before new Services will be provisioned.
10.7. Failure to pay any fees may result in the account being referred to an external collection agency, which may include interest (calculated daily) and collection costs.
10.8. Invoices that are more than seven (7) days past the due date will automatically incur a late payment fee of 14% which will be payable on top of the invoice amount.
10.9. Services with unpaid invoices that are more than five (5) days past the due date will be automatically suspended.
10.10. Services with unpaid invoices that are not paid in full within twenty one (21) days of the due date will be automatically terminated.
11. Payment Method Management
11.1. In the event a new Service is ordered by a new or existing Client and payment is made during the order process using credit card, this credit card information may be stored against the Clients MyToolbox account. Furthermore the default payment method for that particular Service will be set as Credit Card.
11.2. Where a credit card number is recorded on file and the default payment of the Clients Service(s) is credit card, this may be used for the automated payment of due invoices. In such cases, payments will typically be taken three (3) days prior to the due date of the invoice.
11.3. Management of default payment methods can be conducted by the Client within their MyToolbox account. This includes modifying or removing stored credit card information, as well as adjustment of the default payment method.
12.1. The following Services are not eligible for a refund if the Service has been successfully provisioned by one of Perth Web Hosting’s suppliers:
- Domain names;
- SSL certificates;
- Software licenses
12.2. A full refund will be provided to either account credit or returned to the original payment method, if the order was placed within forty-five (45) days of the date that the refund was requested for any of the following Services:
- Any shared web hosting Service;
- Any Cloud hosting Service.
- Hosted Exchange Service
12.3. A pro rata refund will be provided to account credit only, minus a $9.95 administration fee, if the refund request was made more than forty-five (45) days after the order was placed for any of the following Services:
- Any shared web hosting Service;
- Any Cloud hosting Service.
- Hosted Exchange Service
12.4. The Client will not be entitled to a refund if any of Perth Web Hosting’s Terms, Policies and Agreements have been breached by the Client.
12.5. All other refunds will be processed at the sole discretion of Perth Web Hosting Management team, in-line with the Australian Competition & Consumer Commission’s published policies and guidelines.
13. Suspension and Termination of Services
13.1. Perth Web Hosting may suspend or terminate Services if:
- The Client is found to be in breach of any formal policy including but not limited to the Terms of Services, Acceptable Use Policy, Client Service Policy or any applicable Registrant Agreement;
- The Client has become insolvent or bankrupt;
- The Client has unpaid invoices as per Section 10 of this agreement.
13.2. Perth Web Hosting may decide at its sole discretion to advise a Client that their Account and/or Service(s) will be terminated by giving thirty (30) days written notice, and any applicable refunds will be processed as per Section 12.5 of this agreement.
13.3. If a Client’s Account is closed for any reason, the Client must pay all outstanding invoices by the due dates.
13.4. If a web hosting or clouds service is suspended or terminated for any reason, Perth Web Hosting is under no obligation to provide the Client with a copy any data associated with the Service. Perth Web Hosting may provide the client with a backup of the data, if it is available, for a fee of $95 per hour.
14.1. The Client can request cancellation of their Account or any Service(s) with Perth Web Hosting for any reason by logging in to MyToolbox and submitting a cancellation request or by emailing email@example.com. For security reasons, we will not accept cancellation requests by any other method.
14.2. Any pre-paid fees for Services past the current billing month will be refunded in accordance with Section 12 of this agreement once a refund request has been made by the Client. This can only be done by submitting an email to firstname.lastname@example.org.
14.3. The Client agrees to pay any outstanding invoices upon cancellation of their Services.
14.4. If the Client requests cancellation of a Service after the invoice for the renewal of the Service has been paid, a refund will be issued in accordance with Section 12 of this agreement.
15. Data Management
15.1. It is the Client’s sole responsibility to maintain regular off-site backups of their data. The Client will not hold Perth Web Hosting liable for incomplete, out of date, corrupt or otherwise incomplete data recovered from backups and archives.
15.2. With regards to shared web hosting Services, Perth Web Hosting makes every reasonable effort to backup and archive the Client’s data on a regular basis for the purpose of disaster recovery.
15.3. In the event of hard disk failure or data corruption of a shared web hosting server, Perth Web Hosting will restore data from the last known verified archive. If all backup and archived data appears to be corrupt, the Client should be prepared to upload all of their data to their Service from their own copy or an off-site backup, and re-create all mailboxes, databases, FTP accounts, etc.
15.4. Perth Web Hosting takes automatic system backups of all shared web hosting Services seven (7) times a week and has up to 45 points of restoration.
15.6. If the Client requires Perth Web Hosting to supply a backup of their data for an active shared web hosting Service, for any reason or purpose that is not the direct fault of Perth Web Hosting, a fee of $49.95 per Service will be payable by the Client before the data will be made available. Services in a suspended or terminated state within MyToolbox are not considered an active Service.
15.7. Perth Web Hosting is under no obligation to maintain a backup of the Client’s data following the cancellation of the Service by the Client nor by the result of Service termination.
15.8. Perth Web Hosting takes automated system backups of all Cloud server Services and has 45 point restoration (1 point per day). If you require further points of restoration, this will be charged at the standard rates.
16.1. Perth Web Hosting may amend our Terms of Service at any time. At all times Perth Web Hosting will make available the current terms for client review and download via our website. Changes to this agreement other than price changes will become effective upon their publication to our website, and furthermore, continued use of the Service(s) constitutes acceptance of the amended terms. If you do not wish to accept the amended terms, you may request cancellation of your Service(s) in-line with our Cancellation Policy as per Section 14 of this agreement.
16.2. All Perth Web Hosting Terms, Policies and Agreements are available for download from our website at any time.
17. Use of Identity
17.1. The Client agrees to use the Perth Web Hosting logo, company information and related services in accordance with approved marketing guidelines.
17.2. Perth Web Hosting agrees not to use a Client name, logos or information without prior written consent of the Client.
18. Entire Agreement
18.1. These terms and conditions constitute the entire agreement between Perth Web Hosting and the Client, and it supersedes all prior oral or written agreements, understandings and representations.
19. Governing Law
19.1. The Client agrees to abide by all local, state and federal laws pursuant to the Services delivered by Perth Web Hosting.
19.2. The Client agrees that these terms and conditions are governed by the laws of Western Australia, Australia, and agrees to the exclusive jurisdiction of the Courts of that state.
If you have any questions about this agreement, please contact us.
This document was last updated on July 14, 2015.