1.1. In this document, ‘we’, ‘our’ and ‘us’ means Elegant Web Services (ABN: 76 520 807 303) of Sydney Australia.
1.2. The Services we are to provide to you (herein referred to collectively as “Services”) and the initial period we are to provide them to you for are identified in the emails we send you after we accept your order for service. The specifics of the services are detailed on our website (‘the Services’).
1.3. If you register one or more .AU domain names, you must also accept our AU Registrant Agreement.
1.4. “Customer” means the person, persons or entity who ordered our services.
3. Commencement of the Agreement
3.1. This agreement commences on the date we accept your order for Services.
4.1. The Customer agrees to a month to month contract term for Services unless otherwise stated in the product or service offering (e.g. domain names, SSL, 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 written cancellation by the Customer.
4.2. Monthly services are established as part, thereof, signifying the beginning of a new month demotes commitment till the end of that monthly period.
5.1 The Customer can request cancellation of any Service with us for any reason by logging in to nvArea and submitting a secure cancellation request. For account security reasons, we will not accept cancellation requests by any other manner.
5.2 Any pre-paid fees for Services past the current billing month will be refunded, except the Services that are not eligible for a refund (e.g. domain name registration, SSL certificates, web hosting services that specify “no refund” on the plan page, etc.).
5.3 The Customer agrees to pay any and all outstanding fees upon cancellation of their Services.
5.4 Cancellation requests must be received by Elegant Web Services four (4) days before the package renewal date. If cancellation is not received before this time, package renewal costs generated for the next period of time will remain outstanding or an administration fee of $9.95 may apply (whichever is the lesser value).
6. Suspension and Termination of Services
6.1. Elegant Web Services may suspend or terminate Services if:
6.1.1. The Customer is found to be in breach of any formal policy including but not limited to these Terms of Services, Acceptable Use Policy, Customer Service Policy or any applicable Registrant Agreement;
6.1.2. The Customer has become insolvent or bankrupt;
6.1.3. The Customer has outstanding fees that are more than seven (7) or fourteen (14) days respectively, past the due date;
6.1.4. Elegant Web Services may decide at its sole discretion to advise a Customer that their service will be terminated by giving thirty (30) days written notice. In this circumstance, Elegant Web Services will refund any pre-paid fees for Services on the account.
6.1.5. If a Customer’s account is closed for any reason, the Customer must pay all outstanding charges by the due dates.
7. Availability of Services
7.1. While Elegant Web Services will endeavour to provide continuous availability of all Services to the Customer, Elegant Web Services will not be liable for any service interruptions or down time.
7.2. Scheduled maintenance will be performed by the Elegant Web Services provider at times which is deemed suitable by Elegant Web Services’s server provider/s which has the least noticeable impact on the Customer, and should it require the Services to be offline for greater than thirty (30) minutes, Elegant Web Services will post details of the scheduled maintenance at least 24 hours prior.
7.3. Unscheduled maintenance will be performed at times by Elegant Web Services server provider/s, and should the Services be offline for greater than thirty (30) minutes, our service provider will post details of the maintenance and any updates until it has been completed. Details of these events can been found at http://status.netvirtue.com.au/
8. Transfer Existing Website from another host to our platform
8.1. Our transfer’s team will make every effort to help you move your site to us. However, transfers are provided as a courtesy service, and we cannot make guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult if not impossible to migrate some or all account data. We will try our best, but in some cases we may be unable to assist you in a transfer of data from an old host.
The free transfer services are available for 30 days from your sign up date. Transfers outside of the 30 day free period will incur a charge; please contact a member of the transfers department with specific details to receive a price quote.
9.1. All services provided by Elegant Web Services may only be used for lawful purposes.
9.2. The customer agrees to indemnify and hold harmless Elegant Web Services from any claims resulting from the use of our services.
9.3. Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of another’s copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. If you believe that your copyright or trademark is being infringed upon, please email email@example.com with the information required.
10. Zero Tolerance Spam Policy
10.1. We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists”, purchased lists, and selling of lists will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.
10.2. Elegant Web Services reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.
10.3. Elegant Web Services reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean-up fee or any charges incurred for blacklist removal. This cost of the clean-up fee is entirely at the discretion of Elegant Web Services.
11. Backups and Data Loss
11.1. Your use of this service is at your sole risk. Our backup service runs once a week, overwrites any of our previous backups made, and only one week of backups are kept. This service is provided to you as a courtesy. Elegant Web Services is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Elegant Web Services server’s provider.
12. Bandwidth Usage
12.1. You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.
13. Uptime Guarantee
13.1. If a server has a physical downtime that is not within the 99.5% uptime you may receive one month of credit on your account. Approval of the credit is at the discretion of Elegant Web Services dependent upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor’s network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. To request a credit, please contact firstname.lastname@example.org with justification. All requests must be made in writing via email. Uptime guarantees all hosting plans. Dedicated servers are covered by a network guarantee in which the credit is prorated for the amount of time the server is down which is not related to our uptime guarantee.
14. Price Change
14.1. The amount you pay for hosting will only ever increase on your renewal date (if applicable). We reserve the right to change prices listed on elegantwebdesign.com.au, and the right to increase the amount of resources given to plans at any time.
15. Domain Name Registration and Renewal
15.1. The Customer acknowledges that Elegant Web Services uses Net Virtue who is an authorised reseller of domain names with Synergy Wholesale Pty. Ltd. (VentraIP Wholesale Pty. Ltd).
15.2. The Customer acknowledges that they have read and agree to any applicable Registrant Agreement (ie. http://www.auda.org.au/policies/current-policies) before purchasing any domain name service(s) from Elegant Web Services.
15.3. The Customer acknowledges that all domain name Service(s) are non-refundable once the order for the domain name Service(s) has been processed and accepted by Elegant Web Services.
15.4. Elegant Web Services does not warrant or guarantee that a domain name application will be approved. The Customer should take no action in respect of the requested domain name(s) until they have been notified by Elegant Web Services that the domain name(s) has been approved and is in the Customer’s name.
15.5. 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 Customer is responsible for ensuring awareness of these terms and that they are adhered to. The Customer waives any right to make claim against Elegant Web Services in respect to a decision made by a naming authority to refuse registration or renewal of a domain name.
15.6. The Customer acknowledges that Elegant Web Services is not obligated to renew a domain name for the Customer, if the Customer has not confirmed to Elegant Web Services 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 Customer does not satisfy the eligibility criteria to continue holding the domain name license. In these circumstances, Elegant Web Services will not be held liable by the Customer for any loss or damages. All renewal requests must be submitted via nvArea (https://nvarea.com.au).
15.7. Domain name registration or renewal may be declined by Elegant Web Services if the Customer is in breach of these Terms of Service, Acceptable Use Policy, Customer Service Policy or any applicable Registrant Agreement, or the customer has other unpaid or unresolved fees.
15.8. It is the Customer’s responsibility to ensure that all contact details held by Elegant Web Services in relation to the billing of domain names are kept up to date, as Elegant Web Services will use these details to advise the Customer of any pending renewal or transfer requests.
15.9. Should the Customer choose to terminate all services with Elegant Web Services, but does not transfer a domain name to another registrar, the Customer agrees that Elegant Web Services may contact the Customer after the account closure to advise of any domain name renewal or transfer.
16. Customer General Warranties and Undertakings
16.1. The Customer warrants that any information supplied for the purpose of creating an account with Elegant Web Services, 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 in Elegant Web Services.
16.2. The Customer warrants that they will keep any passwords or sensitive information used with the Service in a secure location.
16.3. The Customer warrants that they hold and will continue to hold the copyright for data stored on Elegant Web Services’s servers, or that they are licensed and will continue to be licensed to use that data.
16.4. The Customer warrants that at the time of entering into this agreement they are not relying on any representation made by Elegant Web Services which has not been expressly stated in this agreement, or on any descriptions or specifications contained in any other document produced by Elegant Web Services.
16.5. The Customer warrants that all due care has been taken to ensure data integrity on Elegant Web Services’s servers. This includes an undertaking that the Customer will conduct computer virus scanning and other tests as necessary to ensure that the data uploaded by the Customer on to or downloaded by the Customer from the server does not contain any computer virus and will not in any way corrupt the data or systems of any person.
16.6. The Customer agrees that they are solely responsible for dealing with anyone who accesses their data, and that you will not refer complaints or inquiries in relation to such access to Elegant Web Services.
17.1. Elegant Web Services shall not be responsible for any damages your business may suffer. Elegant Web Services makes no warranties of any kind, expressed or implied for services we provide. Elegant Web Services disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Elegant Web Services and its employees.
18. Disclosure to law enforcement
18.1. Elegant Web Services may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.
19. Changes to the TOS
19.1. Elegant Web Services reserves the right to revise its policies at any time without notice.
20. Authorised Representative
20.1. Both Elegant Web Services and Customer warrants that their representative whose signature appears below is the duly authorised representative of the Client and the authorised representative of the Client certifies that he or she is legally capable of entering into this agreement on behalf of the Client.
Last updated: 19th March 2016