Internet Services Group Pty Ltd Suite 309, 89 High Street, Kew Vic 3101, Australia
Internet Services Group Pty Limited trading is herein referred to as "ISG".
a) ISG includes its employees and directors.
2. Application and Variation of these Terms
These terms and conditions are the terms on which ISG provides the Service to the customers, modified only by any written variation between ISG and the Customers in any particular case. The terms so modified constitute the agreement in its entirety and supersede all prior agreements (excluding specific term contracts and contracts with Service Level Agreements.) ISG may modify these terms, the pricing structure for the Service (excluding term contracts) and the operation of the Service by notice to (the last email address provided to ISG by) the Customer.
Our prices are stated in Australian dollars and exclude GST.
The Service is a subscription service payable in advance. The Customer must pay for all services by the due date. A discount may be available when prepaying for multiple months and will be advertised when subscribing to the Service. If the Customer chooses to pay by credit card, the details the card will be stored and used for processing future payments (except in the case where a one-off payment is made by the Customer.) Upon request, the card will be removed from the ISG billing system.
Payments can be made by Cheque, Direct Credit, Visa, Mastercard, American Express and Diners. Direct Debit is available on some services. Cash will not be accepted as a payment method. The Customer must pay for all service data charges and other amounts incurred by the Customer or users or incurred as a result of any use of the Customer Password (whether authorised or not) in accordance with the billing option selected. In addition, the Customer may be liable for all charges and expenses incurred by ISG resulting from any security breach or attack or customer error that involves Customer hardware, software, or network configuration, including IP addresses.
4. Customer Costs
In addition the Customer must provide and pay for the installation and use of all equipment needed to access the Service at their own cost.
5. Payment of Accounts
Invoices are sent by email to the last email address provided to ISG by the Customer. It is the customer's responsibility to keep all contact details up-to-date.
6. Security Deposit
ISG may require the payment of a security deposit before providing, or as a condition of continuing the Service, and may use the security deposit to meet any costs, loss or liability incurred by the Customer. When the Customer has fully performed his or her obligations, ISG shall return the outstanding balance of the security deposit, without interest.
7. Credit Checks Privacy Consent
The Customer consents to ISG obtaining credit reports and information containing personal information (as well as information concerning commercial credit worthiness and activities) for the purpose of assessment by ISG of an application for credit (whether commercial or personal) or for the purpose of the collection of payments that are overdue.
ISG will not reveal, sell, or in any way divulge information about the Customer or the Internet usage of the Customer to any individual, business, marketing, or research group without prior consent of the customer or without legal warrant. Upon termination of your account, ISG will destroy any files or any service assigned to your account.
9. Publication at Customer's Risk
The Customer accepts responsibility for all information and material issued by the Customer over the Service, and indemnifies ISG against any liability in relation thereto. In particular the Customer undertakes that it shall not publish, distribute or issue any information that is illegal, including defamatory or copyrighted materials. The Customer also acknowledges that ISG does not vet or approve, and therefore does not accept any liability for any information or material available through any service. To the full extent permitted by law the Customer accesses and uses such information and material at his or her own risk.
10. Provision of Service
ISG endeavours to provide continuous uninterrupted service at all times; however the Service provided to the Customer is not fault-free and relies on factors outside the control of ISG. The Service is provided to the Customer at such times and means as ISG decides.
11. Exclusion of Liability
Except as provided in clause 12 ISG is not liable to the Customer or any other person for:
12. Limitation of Liability
Except as provided below, all terms, warranties, undertakings, inducements and representations, written or verbal, express or implied, relating to the provision of any Service or goods are excluded and ISG will not be liable for any loss or damage (including consequential loss or damage) however caused (whether by negligence or otherwise) in respect of any Service inclusive of any software material hosted or designed by ISG. However, ISG's liability for any breach of such implied term or warranty will be limited at ISG's option in accordance with this clause or in any way permitted by the legislation.
The Customer shall indemnify ISG against any loss (including any loss of profit) incurred by ISG as a result of any breach of the terms of any agreement with ISG including damages in respect of any period up to and including the date of actual termination (including termination under clause 16).
The Customer shall indemnify ISG against all claims, expenses, damages, loss of income or other liabilities arising directly or indirectly from using the Service.
Either party may terminate a non-fixed term agreement with written notice. Any balance owing on an account must be paid prior to closure. After reasonable notice is given ISG may terminate any agreement of the provision of any Service if:
a) Web Hosting services may be cancelled for a full refund by written notice within 14 days of sign-up.
b) Refunds after 14-days for early cancellation of web hosting will be paid less discounts applied for pre-payment.
c) No refunds can be provided for domain name registrations, renewals, transfers or SSL certificate services.
17. Suspension of Service
ISG may from time to time (without notice, for reasons other than non-payment, reasonable notice will be given when possible) suspend any Service or disconnect or deny the Customer access to any Service:
a) during any technical failure, modification or maintenance involved in the Service although ISG will endeavour to procure the resumption of the Services as reasonably practicable; or
b) if the Customer fails to comply with any agreement (including failure to pay charges due, having been notified of the overdue amount) until the breach (if capable of remedy) is remedied, or does, or allows to be done anything which in ISG's opinion may have the effect of jeopardising the operation of any service.
Not withstanding any suspension of any Service under this clause the Customer shall remain liable for all charges due through the period of suspension. An account that is suspended may not be altered or closed until full payment on any outstanding balance is received.
18. Information Received
Except as otherwise expressly permitted in writing, no person may reproduce, redistribute, retransmit, publish or otherwise transfer or exploit any information which they receive regarding the Service in any way which is to be used for purposes which are or could be competitive with the Service.
The Customer cannot assign its rights under the agreement without the prior written consent of ISG. ISG may transfer our rights and responsibilities under this assignment to another party with 30 days' written notice to you.
20. Governing Law
This Agreement is governed by the laws of Australia and the parties submit to the jurisdiction of the Australian Courts.
21. Acceptable Use
Users of ISG are expected to adhere to all the policies of ISG, available in writing upon request.
Note: Pornography and sex-related merchandising are prohibited on all servers. This includes sites that may infer sexual content, or link to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet. Links to such materials are also prohibited. In addition any site selling or promoting bulk email services is not allowed. Examples of non-acceptable content or links include: pirated software, hacker programs, warez sites, IRC bots and file archives (such as audio/video). We will be the sole arbiter as to what constitutes a violation of this provision.
22. Server Abuse
Any attempts to undermine or cause harm to a server is strictly prohibited.
Customers are free to use any CGI/PHP/ASP (not an exhaustive list) Scripts provided with their account or add any additional ones they require. Any scripts deemed to be adversely affecting the server performance or the network integrity may be shut down without prior notice. Script sharing with Domains not hosted by ISG is not allowed.
23. (a) Scripts that are adversely affecting server performance may be stopped, reset or fixed by ISG staff at cost to the customer as an alternative to shutting down a web site. Labour will be charged up to $100 without prior authorization at ISGs discretion where it is deemed to be the less harmful option to the customer (e.g. shutting down a site late evening, where the customer may not be aware of the problem until the following day).
24. Background Running Programs
Background Daemons in general are prohibited. Virtual Private Servers (VPS) accounts are not prohibited from running Background Daemons.
ISG's servers may not be the source, intermediary, or destination address involved in the transmission of spam, flames or mail bombs. Your Domain may not be referenced as originator, intermediary, or reply-to address in any of the above. We consider spam to include any mass unsolicited message in the mediums of Newsgroups and Email. If you are found to have spammed, then we will immediately, without warning, disable your Domain.
26. Client Content, Back-ups and Data Loss
ISG performs backups of Shared Hosting (Standard Hosting and Reseller Plans) content on a daily basis. ISG makes every effort to ensure that these back-ups are valid. ISG assumes no liability for any information published to any server including all customer web site content, related files, backup files, databases or mail belonging to any customer hosted at ISG. Back-up arrangements for client content for any frequency other than the standard backup frequency must be made by written contract and acceptance by ISG and any such contract will be subject to premium monthly charges. ISG does not back-up up any dedicated, co-located or Virtual Private Server ("VPS") without a written contract to do so and ISG assumes no responsibility for any content published to or stored on any dedicated server, co-located server or VPS. These servers are leased and maintained by the Customer and because the Customer has full control over all aspects of these servers, ISG assumes no liability in the operation or reliability of these servers other than hardware failure.
27. Resale of Services
Any Customer reselling ISG's Service agrees that:
28. IP Addresses
ISG maintains control and any ownership of any and all IP numbers and addresses that may be assigned to the Customer and reserves the right to change or remove any and all IP numbers and addresses.
All notices under this agreement shall be given to the last known e-mail address of the Customer, either the address on the Application or as advised by the Customer to ISG at any time after the Customer enters into this agreement. The Customer shall ensure that it keeps ISG informed of the current and active e-mail address of the Customer.
The following terms and conditions apply to domain registrations and transfers.
1. The Registrar's Obligations
We agree that we will:
1.2 disclose accurately and completely all our terms and conditions associated with your use of our services to register and maintain a domain name sought to be used by you, including price and billing information;
1.3 comply with your lawful directions in a diligent and timely manner regarding your .nz domain name, (for example, registration, cancellation, amendment, deletion, and associated technical support and billing);
1.4 process any new .nz domain name registrations with the registry within 4 hours from the time we receive all the information required to complete a registration if it is within our advertised business hours of 8:30am - 5:30pm Monday-Friday, and otherwise within 72 hours;
1.5 notify you of the registration of your domain name(s), including the details of: the domain name, your contact details, our contact details, the registration period, the unique authentication ID for your domain name and your obligations as a registrant;
1.6 arrange for correction of any error in the information in the register about any domain name registered to you when requested;
1.7 provide to you, or to someone we reasonably believe to be acting on your behalf, the unique authentication ID for your domain name when requested and for no charge;
1.8 use your personal information only as authorised by you;
1.9 take all reasonable steps to safeguard and protect all information about you stored in our databases and system(s);
1.10 comply with any order of any authority having jurisdiction regarding any domain name registered to you;
1.11 use our best endeavours to deal with any complaints you may have about the services we provide for you.
2. The Registrant’s Obligations
You agree that you will:
2.2 make sure all information you give us is accurate and complete, keep us informed of changes to any information you give us, and that you have the authority to enter into this agreement;
2.3 keep the unique authentication ID for your domain name and any other security information that we give to you confidential, safe and secure;
2.4 satisfy yourself that your use of a domain name will not infringe anybody’s intellectual property rights and protect us, and everybody we are in any business relationship with to provide services to you, from any such claim;
2.5 ensure that you only use our services for a lawful purpose;
2.6 ensure that the use of any domain name registered to you does not interfere with other users of the Internet;
2.7 ensure that any order of any authority having jurisdiction regarding any domain name registered to you is complied with;
2.8 protect us, and everybody we have a business relationship with, against any legal action taken against us because of the receipt or use of our services by you or someone you are responsible for, including reliance by us or anybody we have a business relationship with, on information supplied by you.
Duties of Other Persons
3. Registration of a Domain Name
3.1 that the following information becomes available to any member of the public:
3.2 the domain name is registered in your name only because no other person has it according to the records of the register; and
3.3 neither we nor anybody else is representing anything else to anybody regarding that domain name. The entry of a domain name in the "who is" database shall not be taken as evidence of
3.4 that you protect us and everybody we have a business relationship with to provide services to you, from any claim arising out of the domain name being registered in your name or as you
4. Register is the Record
5. Payment of Fees
5.2 If you transfer a domain name registered to you to another registrant or to be managed by another registrar, all charges owing to us shall become immediately due and payable on the date of that transfer.
5.3 We may alter our fees from time to time. When we alter them we will send you notice of the alteration 30 days before the new fee takes effect.
5.4 Our usual fees are for domain registration and website and server hosting fees. We may also charge for other services provided by us. We will tell you before any additional charge is incurred.
5.5 Our prices are stated in Australian dollars and exclude GST.
6. Suspension And Refusal To Supply Services
7. Cancellation of a Domain Name
8. Exclusion of Liability
8.1 Applicable domain registries and any other entity we are in any business relationship with;
8.2 every officer, employee, contractor, agent of us or any entity in clause 8.1;
8.3 anyone else we get to perform our duties under any agreement you have with us.
9. Limitation of our Liability
10. Law and Jurisdiction Applying to this Agreement
10.1 all our services are provided under Australian law;
10.2 any claim or dispute arising out of or in connection with this agreement must be instituted within 60 days from the date the relevant service was supplied to you;
10.3 except as otherwise stated, you may take action against us only in a Australian court;
10.4 where you or any registrant for whom you act supplies incorrect information regarding a domain name and we incur cost in any matter concerning that name then we may recover the costs incurred by us from you.
11. Cancelling the Agreement
12. More Than One Person
13. Each Clause Separately Binding
14. Rights and Responsibilities that Continue