Standard Terms and Conditions for Using Telefa Pty Ltd Web Hosting Services

These are the standard terms and conditions of supply of the Telefa Pty Ltd web hosting and other products and Services offered from time to time on the Telefa Pty Ltd websites at www.telefa.com, www.telefa.com.au, www.telefainternet.com and www.telefainternet.com.au (the "Service"). These terms apply to you as a user of the Service ("Customer" or "You"). Please read these terms and conditions carefully.

General Terms and Conditions

1. Terms and Amendment Procedure
1.1 These are the terms upon which we agree to provide the Service to the Customer. In addition to these terms, you must also comply with:
(a) Any conditions contained in the notes to the product description for products or Services you acquire;
(b) Any additional terms which apply to the products or Services you acquire (which follow these Terms and Conditions);
(c) Our Acceptable Use Policy ( www.telefa.com/docs/terms-hosting-aup.html);
(d) Our operational procedures for use of The Service which can be found in your Customer Welcome Package; and
(e) Our Privacy Policy which is located at www.telefa.com/docs/privacypolicy.html

1.2 The agreement made between us on these terms commences on the date when you order for Services provided by Telefa Pty Ltd through either Telefa Pty Ltd website electronically or Telefa Pty Ltd paper based order forms.
1.3 We may vary these terms, the amount we charge for any Service, or the terms of the operation of the Service, at any time by notice via The Site, by email or in writing. The changes will become effective upon publication of the notice. Where we vary the prices for Services, we will give at least 21 days notice of the change by the same means, and the new prices will apply at the end of that period. If you use the Service after that publication, your use will constitute an acceptance of the amended terms.
1.4 These terms constitute the agreement in its entirety and supersede prior agreements.
1.5 We may from time to time run promotions and make special offers of limited time duration ("Promotions"). All Promotions are offered subject to their terms and may be withdrawn or altered at Telefa Pty Ltd's discretion. The terms of a promotion will override these terms to the extent of any inconsistency.

2. Service
2.1 We will assign the Customer an Account Number ("Customer Account Number") and password which will provide you with access to the Control Panel area which enables you to configure various features of your website/email Service. We will provide the Customer with Web and Email Services as per the hosting level or product(s) you have selected at the time of your order.
2.2 We must perform scheduled maintenance to servers from time to time. We will attempt to perform all scheduled maintenance at times which will affect the fewest customers.
2.3 Sometimes there may be urgent security updates which require us to perform unscheduled maintenance in order to keep our system secure. If unscheduled maintenance requires the Service to be offline for more than 12 hours, we will post details of the event to The Site after the maintenance has been completed.
2.4 We will archive your data onto backup system on a regular basis for the purposes of disaster recovery. In the event of equipment failure or data corruption, we will restore from the last known good archive. In the event of corruption of all of our archives, or in the event that an old archive is used to restore data, you should be prepared to upload your data to your website. You must maintain a recent copy of your data at your premises at all times. We will not be liable for incomplete, out-of-date, corrupt or otherwise deficient Customer data recovered from our backups. It is your responsibility to maintain a copy of your own data at your own premises.
2.5 You agree to Telefa Pty Ltd's use of spam and virus filters which may require us to use third party equipment or Services to monitor and filter email traffic between our equipment and the Internet. You agree that we will not be liable for any loss or damage resulting from the use of spam or virus filters.
2.6 The Service is provided by Telefa Pty Ltd from its data centres in NTT/VERIO, NXPT and other global locations. Telefa Pty Ltd will determine in its absolute discretion from time to time the data centre location from which your Service is provided. Telefa Pty Ltd reserves the right to migrate your website to a new operating system platform if our operating system supplier ceases to provide support for the legacy operating system, or if the server from which the Service is provided fails or, in Telefa Pty Ltd 's opinion becomes unreliable. Telefa Pty Ltd will use reasonable endeavours to notify you via the contact details in our database but does not take any responsibility for website failure if you have failed to keep your contact details up-to-date or if you have not checked the operation of your website post-migration and notified us of any required changes to the website configuration.
2.7 In contracting with Telefa Pty Ltd for the Services, the Customer obtains no rights to the hardware and other infrastructure and facilities used by Telefa Pty Ltd to deliver the Service.

3. Payment
3.1 You must pay for the Service as notified to you by Telefa Pty Ltd in accordance with Telefa Pty Ltd's published prices for Services from time to time. If you have chosen a bi-yearly, yearly, half yearly, quarterly or monthly contract for your Service, your account will be automatically rolled over for a further period contract at the end of the term. You must give us notice in writing at least 10 (ten) business days before the end of the term if you wish to cancel or alter your Service. All Services must be paid in advance.
3.2 You must pay all Service charges, traffic, features, and/or storage charges and other amounts incurred by you or any designated users or incurred as a result of any use of your password (whether authorised or not) in accordance with the contract option selected and in advance. Where a contract option does not specify otherwise, all Service charges are payable within 14 days of the date of invoice (whether online or paper invoice).
3.3 Prices published on our website are inclusive of any government taxes or charges unless otherwise noted, and exclusive of any registration or delegation charges imposed by domain name authorities.
3.4 In addition you must provide and pay for:
(a) the installation and use of telephone lines and all other equipment needed to access the Service; and
(b) all government taxes, duties and levies (if any) imposed on either you or us in respect of the Services or any other Service or goods supplied.
3.5 You must pay all amounts billed in accordance with your contract option. No credit terms are given to credit card accounts. Upon registration of a credit card to your account/Payment with a credit card, you give us authorisation to debit your credit card for all charges incurred. This includes automatic charges to your credit card should you become late for payment of your outstanding account.
3.6 You consent to us obtaining a credit reporting agency report containing personal information about you (and information concerning commercial creditworthiness and activities) for the purpose of assessment by us of an application for credit (whether commercial or personal) or for the purpose of the collection of payments which are overdue. You also understand that a Credit Default will be lodged against you permanently if you fail to pay your outstanding account. A Credit Default lodgement will occur on the 60th day after the invoice day. You understand that once a Credit Default has been lodged, it will remain on file even if you have paid for the overdue account after the lodgement, your credit file will still show as ‘Paid Default'. You understand that a Credit Default lodgement cannot be removed once processed. You understand that you may not be able to obtain any credits or financials from financial institutions or companies who require credit check for a period of 5 (five) to 10 (ten) years as a result of the Credit Default lodgement.
3.7 You agree that you will be charged an account keeping fee of AUD$8.80 per invoice. The account keeping fee will not be charged if you elect to make payment by Direct Debit/Auto Debit Credit Card. The account keeping fee will be charged per Customer account identified with a unique Account Number. If a Customer has multiple accounts with Telefa Pty Ltd, the account keeping fee will be charged on each account for which invoices are issued.
3.8 No refunds will be given for unused portions of payments in advance (including payment of yearly accounts). Yearly accounts which have been automatically rolled over in accordance with clause 3.1.
3.9 A late payment fee of $15.00 will be charged to a Service that is identified by unique domain names if you are late for your payment. Payment Due Date is clearly written on your Tax Invoice. Late Payment Fees are standard fees and cannot be removed regardless of the circumstances.
3.10 If you fail to notify Telefa Pty Ltd in writing (by fax or email, you will receive confirmation in writing upon successful notification) 10 (ten) business days before the expiry date of your current active web hosting or other subscription based Service. This Service will then roll over for a further period contract. If you choose to cancel the Service within these 10 (ten) business days of the expiry date of this Service, a Late Termination Fee of $33.00 will be charged to your account. If you choose to cancel the Service after the expiry date this Service, a Late Termination Fee of $33.00 and the additional usage will be charged to your account.
3.11 Contract Expiration: Existing accounts will be automatically rolled over on the expiry date, if a termination notice is not received 10 (ten) business days prior to the expiry date. The client is responsible for notifying Telefa Pty Ltd of their wish to terminate the account. This termination notice must be in written form and received by Telefa Pty Ltd 10 (ten) business days prior to the expiry date. Late termination will result in a $33 late termination charge.
3.12 Early Termination: No refund is given for unused portions of payments in advance (including payment of yearly accounts) in accordance with Clause 3.8.
3.13 Order Cancellation: (1) If the Client has already ordered a Service, but not yet paid for the Service (or the welcome package has not been sent to the client), and the Client wishes to cancel the Service ordered before receiving the welcome package, cancellation fees apply. If the cancellation notice is received by the provider within 24 hours of the submission of the order and payment is not cleared, the cancellation fee is $0.00 (NIL); If the cancellation notice is received by the provider after 24 hours of the submission of the order, the cancellation fee is 50% of the total invoice amount. (2) If the Client has paid for the Service, the welcome package has already been sent to the Client, and the Client wishes to cancel the Services ordered, No refund can be issued. (3) Order Cancellation for all domain names: All sales are final, no refund, no cancellation and no change of name once an order has been processed. All Cancellations Request must be in writing by email or post. Email. customercare@telefa.com. Postal: Telefa Pty Ltd , PO Box 814, Paddington, QLD, 4064, Australia . It is a government requirement that all cancellations must be in writing as web hosting account deletions and domain deletions are data sensitive, which means once they are deleted, they cannot be restored. Therefore, all cancellations or deletions must be in writing by the authorised and registered account holder. Any third party authorisations are not valid. A confirmation response will be issued by Telefa Pty Ltd upon successful receiving the Client's cancellation authorisation in writing. If you do not receive this confirmation response within 48 hours of your cancellation notice, you must immediately contact Telefa Pty Ltd on +61 7 3368 2480 during office hours.
3.14 Account Collections: Failure to make payments for accounts that are overdue by 28 days may result in the client's account being transferred to our Collection Agency, which will incur further costs to the client. ($25 for the first collection agency notice, and a further 33% of the total outstanding value if no payment is received after the first collection agency notice) The Client understands that it is the Client's responsibility to keep their account information (including contact details) up-to-date. The Client accepts that their personal details will be disclosed to our Collection Agency in the event that their account is overdue by more than 28 days. A Credit Default will also be lodged against any overdue accounts for more than 60 days. Once a Credit Default is lodged, it cannot be cancelled. Any paid defaults will still show 'Paid Defaults'. (Clause 3.6)
3.15 Excess Bandwidth Usage: Customers will be notified by TELEFA Pty Ltd when bandwidth usage is approaching a products’ limit. At this time, the Customer will have the opportunity to upgrade to a product with more bandwidth (if applicable), alternatively, a charge of 12c per MB of excess data traffic will be charged to the Customer’s credit card. Failure to pay for excess data transfer may result in account suspension which will cause disruptions to Service.

4. Customer Warranties and Indemnities
4.1 You warrant that:
(a) if you are not the Customer, you have the power and authority to enter into this agreement on behalf of the Customer and will indemnify Telefa Pty Ltd for any breach of this agreement by the Customer;
(b) at the time of entering into this agreement you are not relying on any representation made by us which has not been stated expressly in this agreement, or on any descriptions or specifications contained in any other document, including any catalogues or publicity material which we have produced;
(c) you will conduct such tests and computer virus scanning as may be necessary to ensure that data uploaded by you onto or downloaded by you from the Server does not contain any computer virus and will not in any way, corrupt the data or systems of any person;
(d) you will keep secure any passwords used with the Service; and,
(e) you hold and will continue to hold the copyright in the Customer Data or that you are licensed and will continue to be licensed to use the Customer Data.
4.2 You are solely responsible for dealing with persons who access the Customer Data, and must not refer complaints or inquiries in relation to such data to us.
4.3 You indemnify us against all costs, expenses, loss or liability that we may suffer (directly or indirectly) resulting from:
(a) your breach of these terms;
(b) your use or misuse of the Service;
(c) the use or misuse of the Service by any person using your account; and,
(d) publication of defamatory, offensive or otherwise unlawful material on any website forming part of your Service.

5. Telefa Pty Ltd's Warranties and Liabilities
5.1 We accept liability for the supply of the Services but only to the extent provided in this clause 5.
5.2 We do not warrant that:
(a) the Services provided under this agreement will be uninterrupted or error free;
(b) the Services will meet your requirements, other than as expressly set out in this agreement; or
(c) the Services will be free from external intruders (hackers), virus or worm attack, denial of Service attack, or other persons having unauthorised access to the Services or systems of Telefa Pty Ltd.
5.3 Where the Customer is a Consumer (as that word is defined by the Trade Practices Act), we accept liability where: the Service is not supplied with due care and skill; any material supplied in connection with the Service is not reasonably fit for the purpose for which it was supplied; and we are otherwise required to do so by the Trade Practices Act.
5.4 To the extent that the Service is not of a kind ordinarily acquired for personal, domestic or household use, our liability is limited to, at our option, the resupply of the Services again; or payment of the cost of having the Services supplied again.
5.5 Except as expressly provided to the contrary in this agreement, we exclude all liability for indirect and consequential loss or damage of any kind, loss or corruption of data, loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind, in contract, tort (including negligence), under any statute or otherwise arising from or relating in any way to this agreement and/or its subject matter.
5.6 Other than liability accepted by us in clause 5.3, our total liability for loss or damage of any kind not excluded by clause 5.5, however caused, in contract, tort (including negligence), under any statute or otherwise arising from or relating in any way to this agreement is limited in aggregate for any and all claims to $10.

6. Suspension and Termination of Service
6.1 We may from time to time without notice suspend the Service or disconnect or deny your access to the Service:
(a) during any technical failure, modification or maintenance involved in the Service provided that we will use reasonable endeavours to procure the resumption of the Services as soon as reasonably practicable; or
(b) if you fail to comply with any provision in this agreement (including failure to pay charges due), or do, or allow to be done, anything which in our opinion may have the effect of jeopardising the operation of the Service, until the breach (if capable of remedy) is remedied.
Notwithstanding any suspension of any Service under this clause you shall remain liable for all charges due throughout the period of suspension.
6.2 If your account has been suspended or terminated due to your breach, reactivation of your account will be completely at our discretion. If we agree to reactivate your account, we will require:
(a) payment in full of all outstanding amounts; and
(b) payment of a reactivation fee.
6.3 Telefa Pty Ltd reserves the right to refuse to supply Services to a potential Customer who has previously had its account with Telefa Pty Ltd , its affiliates, its subsidiaries, its parent companies or its associated organisations terminated for breach. In this clause, "potential Customer" includes:
(a) (if the potential Customer is a corporation) its Related Entity or Related Party (as those phrases are defined in the Corporations Law); and
(b) (if the potential Customer is an individual) any corporation in which the potential Customer was at the relevant time an officer or shareholder, or a Related Party of a shareholder.
6.4 Telefa Pty Ltd may without notice to you remove, amend or alter your data upon being made aware of:
(a) any claim or allegation; or
(b) 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; or
(c) Any unauthorised harmful applications that may cause damage or instability to Telefa Pty Ltd's network
6.5 We may end our agreement with you and cease providing Services for any reason, on 30 days written notice to you. You may close your account with Telefa Pty Ltd on 30 days written notice to Telefa Pty Ltd.
6.6 If your account is closed you must pay all outstanding charges immediately and we may delete all Customer Data from any storage media.
6.7 We are under no obligation to provide you with a copy of the Customer Data if we have suspended or terminated your access to the Service for your breach. If we provide you with a copy of Customer Data, we are entitled to charge a fee for Service. If you have requested to terminate the Service, we are under no obligation to provide you with a copy of the Customer Data, it is your responsibility to keep a copy of the Customer Data before the deletion takes place.

7. Miscellaneous
7.1 The Customer grants to Telefa Pty Ltd a license to use and reproduce all Customer Data in order to fulfil its obligations under this agreement. In this agreement "Customer Data" means all information, data, text, logos, images, audio, movie clips and/or content in any form that forms part of the Customer's websites or emails.
7.2 A provision of, or a right created under this agreement, may not be waived except in writing signed by the party granting the waiver, or varied except in writing signed by the parties.
7.3 The law in force in Queensland, Australia governs this agreement and the transactions contemplated by this agreement.
7.4 You may not resell Services or assign your rights and obligations under this agreement without our prior written consent.
If you request Telefa Pty Ltd to register a domain name on your behalf, these additional terms will apply.

8. E-commerce Services
8.1 E-commerce Services means Shopping Cart Services additional products provided by a third party.
8.2 Telefa Pty Ltd provides the E-commerce Services software 'as-is' and without warranty of any kind, either express or implied. E-commerce Services are not provided to all clients, only clients who have purchased a E-commerce Development Pack through a Telefa Pty Ltd Representative.
8.3 Telefa Pty Ltd will not be liable for acts or omissions of third party e-commerce payment gateway providers such as BillPay, SafePay, WorldPay, and any other provider who may provide those Services as part of the E-commerce Services. You will deal with those providers at your own risk.
8.4 You accept full responsibility for all online transactions you originate or execute using the E-commerce Services with or without credit and/or debit cards.
8.5 You are responsible for and indemnify Telefa Pty Ltd in respect of legal obligations you have to end-users of the E-commerce Services under any legislation, including without limitation the Privacy Act (Cth) 1988 as amended.
8.6 You indemnify Telefa Pty Ltd and hold us harmless against any liability in relation to all transactions undertaken using the E-commerce Services, including in respect of claims by or in respect of Services provided by payment gateway providers.
8.7 You acknowledge that Telefa Pty Ltd is acting as a reseller of E-commerce Services and is not the agent, partner or joint venturer of the supplier of the E-commerce Services to Telefa Pty Ltd.

9. Standard SQL and Premier SQL Database Services
9.1 All new databases requested will be created on an SQL 2000 server or a MySQL server. Existing SQL 7.0 databases will continue to be supported but no new requests for SQL 7.0 databases will be accepted.
9.2 Customers whose databases exceed the number of user connections permitted for their level will have their excess connections terminated without notice. Telefa Pty Ltd takes no responsibility for loss of data or any other problems caused by the termination of excessive user connections.
9.3 Customers must adhere to the Acceptable Use Policy. Telefa Pty Ltd takes no responsibility for any problems caused by failure to observe our Policy.

10. CMS hosting
10.1 By selecting Telefa Pty Ltd CMS Hosting Services, you also agree to the 'Standard Terms & Conditions for Using Telefa Pty Ltd Web Hosting Services.
10.2. You must have an active Telefa Pty Ltd user account to purchase a product or service with Telefa Pty Ltd. You can create a free Telefa Pty Ltd user account by purchasing a product or service with Telefa Pty Ltd.
10.3. You must have a domain name registered in your Telefa Pty Ltd user account with DNS managed by Telefa Pty Ltd and the domain must be delegated to Telefa Pty Ltd name servers.
10.4. Standard installation will be put directly into the root folder of your hosting space replacing any existing web content therein. The CMS can be installed to a subfolder upon request at the time that the order is placed.
10.5. Telefa Pty Ltd does not accept responsibility for moving content between folders, before, after or during install. This process is solely the responsibility of the purchaser.
10.6. Telefa Pty Ltd shall not be held responsible for any content loss or data loss during or after the installation process or accept responsibility for any downtime that may occur during this process.
10.7. Downtime on your domain name may occur as a result of installation of a CMS system on that domain name.
10.8. Once the installation is finalised and the admin details are handed over to the client, the client is soley responsible for the upkeep, maintenance and general management of the web site and it’s contents.