Hosting Terms and Conditions

Hosting Terms and Conditions

These are the standard terms and conditions which apply to server hosting services provided by Internetrix

  1. Parties. For the purposes of this agreement Internet Solutions Australia Pty Ltd will be referred to as ‘Internetrix'.
  2. Client. The Client shall be defined as: The company or individual so named on the hosting agreement. The Client includes persons to whom the client has authorised access to the for the purposes of configuration, testing or development or those persons authorised / request to act on behalf of the client.
  3. Primary services. Network availability, Operating system, Web server, Database servers, Shell and FTP access.
  4. Uptime. The total percentage of hours each month not affected by Downtime. The target Uptime each month is 99.9%.
  5. Downtime. The total duration each month for which the Primary Services are not operating at a reasonable level. Downtime does not include periods for which the Primary Services are not operating as a result of Scheduled Outages or outages which can reasonably be determined as resulting from the customers actions.
  6. Customer. Persons to whom the Client has authorised access to the server for the purposes of configuration, testing or development or those persons authorised/requested to act on behalf of the Client.
  7. Scheduled outages. From time to time upgrades to hardware and or software may be required, such upgrades will be performed outside of business hours. The Client will be notified as far as practicable in advance of such upgrades. Scheduled outages under normal conditions should not exceed 5 hours per year.
    Under normal conditions the client will be advised via email and or telephone no less than 24 hours in advance of any scheduled outage. Under normal conditions the clients input will be sought to identify the most suitable time for a scheduled outage to take place.
  8. Internetrix warrants that it has authority to enter and to perform its obligations under these Terms and Conditions. It shall install and maintain security measures of not less than industry standard, and take all other reasonable steps to ensure that any servers used in connection with the provision of the Services to ensure they are protected from automated or targeted attacks with malicious intent. The Client agrees to use the Services according to the following terms and conditions.
  9. Services. As described in Proposal/Contract for the services provided.
  10. Billing. Accounts are to be paid on a monthly, quarterly or annual basis in advance unless stated otherwise in writing. Excess data usage charges will be billed in arrears and must be paid by the Client. With the exception of Excess data usage charges, Internetrix will seek approval from the client prior to providing services which attract additional fees and charges.
  11. Term of Agreement (Term). Hosting agreements will continue on a recurring basis of not less than 12 months from commencement unless otherwise stated in writing. This agreement will automatically be renewed at the end of the initial Term unless terminated in accordance with this Agreement.
  12. Termination of agreement. Unless otherwise stated a hosting agreement may be terminated at any time by the Client on the giving of 45 days notice. Unless otherwise stated this agreement may be terminated by Internetrix on the giving of 60 days notice to the Client. If this agreement is terminated by the Client within the initial term, 80% of the value of the hosting services for remaining period within the initial term will be payable by the client.
  13. Compliance with Law. 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 termination immediately or with 60 days notice depending on the severity of the violation at the absolute discretion of Internetrix.
  14. Limitation of Liability. Internetrix does not warrant to the Client that the Client will receive continual and uninterrupted services during the Term of this agreement. Internetrix shall not be liable to the Client for damages resulting from or in relation to any failure or delay of Internetrix to provide services under this Agreement if:
    a) Such delays or failures are due to circumstances beyond our control
    b) Internetrix has taken reasonable measures to prevent data loss except if such delay or failure to provide services is found to be a direct result of Internetrix actions, or negligence.
    Such a failure or delay shall not constitute a default under this agreement. Internetrix 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 Internetrix to the Client.
  15. Disclaimer of Warranties. While Internetrix uses all reasonable care in providing the Service, Internetrix 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. Internetrix liability in the event of failure to provide adequate service shall not extend beyond the cost of providing a comparable service.
  16. Indemnity. Client agrees to defend, indemnify and hold Internetrix harmless from and against any and all claims, losses, liabilities and expenses (including reasonable solicitors' fees) related to or arising out of the Services provided by Internetrix to Client under this Agreement, including without limitation claims made by third parties (including customers of the 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 Internetrix.
  17. Refusal of Service. Internetrix retains the right to refuse services to the Client. Refusal of service may result if:
    (a) the Client fails to pay accounts within 14 days of the due date;
    (b) if the agreement is terminated; or
    (c) if the Client misuses the services or fails to comply with the customers obligations under the agreement.
  18. 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.
  19. Unpaid Accounts. Accounts may be suspended if they are not paid within 30 days of the invoice date and prior arrangements are not made. Suspension may involve restriction of access to the server for the purposes of making changes and/or disconnection of the Client server from the Network.
  20. Duty to preserve confidentiality. Each party must not disclose any of the other party's Confidential Information except in any of the following circumstances:
    (a) the disclosure is necessary to comply with the disclosing party's obligations under this Agreement or under another agreement between the parties;
    (b) the disclosure is to an officer, employee, agent or consultant of the disclosing party, to the extent that he or she needs to know the Confidential Information in order to perform a function. The disclosing party must take reasonable steps to ensure that its officer, employees, agents or consultants do not make a disclosure which, if the disclosing party disclosed it, would be a breach of this clause;
    (c) the disclosure is required by law;
    (d) the disclosure is reasonably made to a professional legal adviser or professional auditor;
    (e) the party to whom the Confidential Information belongs consents in writing to the disclosure.
  21. Entire Agreement. The Client acknowledges and agrees to these Terms and Conditions unless different terms or a specific Service Level Agreement are agreed between the parties in writing.

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