1.0 Introduction

1.1 The following standard terms and conditions apply to all Services provided by ConcordNet. This includes website hosting and domain registration and related services. . The conditions outlined below are based on standards that have been generally adopted by the Australian web hosting industry. The web hosting terms and conditions are not intended to unduly restrict customers in the way they use their website. The intention is to protect our customers as well as ConcordNet so that the company can provide a high level of service for “all” customers. 

1.2 All prospective web hosting customers are required to read and agree with the following policy before ordering your account. Each order form has a disclaimer that indicates that submission of an order means that you have read and agree with these policies, as a condition of the service agreement between you and ConcordNet

2.0 Scope of this Agreement. 

2.1 This agreement governs the terms of use by the Customer of all services provided by ConcordNet By accepting these terms and conditions the customer recognises that they are also accepting an obligation to act in accordance with ConcordNet’s Acceptable Use Policy.

3.0 Terms of Agreement - The Customer agrees to use ConcordNet’s Services according to the following terms and conditions: 

3.1 Use of Website Hosting Account - The Customer 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 Customer 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. It is the Customers responsibility under these terms and conditions of service to retain at all times a current copy of their website and if applicable database files.

3.2 Period Covered by Agreement - This agreement will commence when the Customer has agreed to the terms and conditions and has placed an order, either electronically, by telephone, facsimile, or by mail or commenced using the services of ConcordNet. The Agreement will continue while the Customer has an active account with ConcordNet and will cease when the account is cancelled by either party to this agreement as specified in paragraphs 3.7 and 3.11 of this document. 

3.3 Variation of Agreement - ConcordNet may vary the terms, charges and conditions outlined in this agreement. The agreement published on the ConcordNet’s website at www.concordnet.com.au should be recognized as the current version and taken as the binding terms and conditions for the use of ConcordNet’s web hosting services. 

3.4 Variations to Prices, Charges or Fees - Under these terms and conditions ConcordNet may from time to time vary the prices, charges or fees for the products and services offered by the company. For customers on monthly, quarterly, or six monthly payment plans ConcordNet will provide 30 days notice of price increases. These notices of price increases can at the discretion of ConcordNet be submitted to the customer by ordinary mail, facsimile or by email (to the appropriate address provided by the customer). Within the 30 day notice period the customer must accept or decline the price increase by notification to ConcordNet in writing (by ordinary mail, facsimile or by email). Where the customer accepts the price increase as outlined in this Section, this authorizes ConcordNet to increase the payment to the price outlined in the price increase notification. The increased payment at the new rates will commence for the first full month following expiry of the 30 days notice. Failure of the customer to notify ConcordNet in writing whether they accept of decline the price increase will be taken by ConcordNet as the customer declining the price increase. If the foregoing applies or if the customer notifies ConcordNet in writing that the price increase is declined, then ConcordNet will issue a “notice of cancellation” by email, facsimile or ordinary mail to the customer. The “notice of cancellation” will advise the customer that the account or service will be cancelled after 30 days from the date on the “notice of cancellation”. The customer’s account will be cancelled by ConcordNet after the 30 day period has expired. 

3.5  Ownership and Use of IP Addresses

ConcordNet will remain the owner or all IPs associated with a hosting account. Customers are prohibited from using the IP for illegal purposes or for others purposes that could affect the operation of the Server. In particular the use of web monitoring services cannot be used without the express permission of ConcordNet in writing. Please note that permission will only be granted to use providers that are approved by ConcordNet.

This notice period condition shall not apply for customers on annual payment plans.

3.6 Severability - Should any part of this Agreement be (or become) invalid, that part shall be severed from this Agreement and such invalidity shall not affect the validity of the remaining provisions of the Agreement. 

3.7 Invoices for Services – ConcordNet will issue tax invoices for services by email, or by special arrangement, by ordinary mail or facsimile. Where payments by Customers are made by bank account direct debit or auto renewal credit card payment, ConcordNet may elect not to issue an invoice for services. The relevant bank or credit card statement shall serve as the invoice. If a Customer requires that a separate invoice be issued under ConcordNet letterhead a service fee of $4.50 per invoice will apply.

3.8 Payment of Accounts – A website hosting account may be suspended if invoices are not paid within 14 days of the due date and prior arrangements for a revised payment schedule are not made with ConcordNet. All data contained in a suspended account will remain on the system, however account holders will not be able to access their site and the website will display a notice stating that the account has been suspended. A website and all related files will be removed from ConcordNet’s servers if an account remains in arrears for 60 days after the due date. If an account remains in arrears Customers will. not have access to data stored on ConcordNet’s servers. ConcordNet reserves the right to delete data if an account is cancelled. 

3.9 Cancellation of Services - Unless otherwise stated a website hosting account may be cancelled by the Customer by giving 30 days notice. For purposes of security and protection of a Customer’s interest all notification of cancellation must be in writing sent by email or ordinary mail or facsimile and must be authorized by the account holder. Unless otherwise stated a website hosting account (and this Agreement) may be cancelled by ConcordNet by giving the Customer 30 days notice in writing. Such notice to be sent by ordinary mail, email or facsimile to the address supplied by the Customer. Also, ConcordNet may at the its sole discretion suspend, not renew or cancel immediately a customer account or accounts where that customer has verbally or otherwise used abuse, threatened, or used insulting language when communicating with ConcordNet staff.

3.10 Refunds on Cancelled Accounts - A customer may cancel an account within 30 days of their account being activated and receive a full refund, except where the customer’s account is cancelled by ConcordNet for a violation of these terms and conditions or ConcordNet’s Acceptable use policy. In these circumstances, a refund will not be given. Set up fees (see paragraph 3.9) and domain registration fees (see paragraph 3.10) are not refundable. After 30 days of account activation, refunds will not be given.

3.11 Refund of Set-up Fees - If account set-up fees apply to a website hosting service these fees are not refundable. 

3.12 Domain Registration Fees – When a customer places an order for domain registration with ConcordNet all fees paid in relation to the registration are not refundable. The Domain Registrar will not refund fees for domains incorrectly registered (e.g. spelling mistakes) or for cancelled domains. 

3.13 Refusal of Service - ConcordNet reserves the right to refuse services to any Customer. In particular, ConcordNet may cancel an account without notice for serious breeches of this Agreement and failure to comply with the related Acceptable Use Policy. 

3.14 Compliance with the Law - In using ConcordNet’s services the customer must abide by all applicable State laws in Australia, laws of the Commonwealth of Australia and if applicable the laws of the county where the Customer is physically located. Any violation of this provision can result in termination of services and this Agreement without notice at the absolute discretion of ConcordNet. 

3.15 Limitation of Liability – ConcordNet does not warrant to the Customer that the Customer will receive continual and uninterrupted services during the term of this Agreement. In no event shall ConcordNet be liable to the Customer for damages resulting from or in relation to any system failure, data loss or delay in providing services under this Agreement, if such delays, data loss or system failures are due to circumstances beyond the control of ConcordNet. Such incidences of data loss, delay or system failures shall not constitute a default under this Agreement and ConcordNet, its directors, agents or employees will not be liable in any way for any form or loss or damage of any nature whatsoever suffered, whetter arising directly or indirectly, by the Customer or any person related to or dealing with the Customer out of, in connection with or reasonably incidental to the provision of the services by ConcordNet to the Customer. 

3.16 Disclaimer of Warranties - While ConcordNet uses all reasonable care in providing Web Hosting and other Services, ConcordNet 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. ConcordNet’s liability in the event of failure to provide adequate service shall not extend beyond the cost of providing a comparable service. 

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

3.18 Entire Agreement - The Customer 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.