1. Agreement

These terms and conditions are the terms on which we provide the Service to you. They apply to us and to you. These terms supersede prior agreements.

These terms also apply to every user of the Service. It is a condition of your use of the Service that:

1.  you comply with these terms and conditions;
2. you make every User aware of these terms and conditions; and
3. you ensure that every User complies with these terms and conditions.

CHANGES TO THESE TERMS AND CONDITIONS

These terms and conditions are subject to change as time goes by.

We will give you notice of the change and you will then be obliged to comply with the new terms and conditions as amended or cease using the Service.

DURATION OF THIS AGREEMENT.

This agreement commences on the date you sign up for the Service by:

1. Emailing your approval to host your website with CHOOSE Digital Pty Ltd and/or;
2. Signing and returning a purchase order to us.

This agreement continues until either party terminates by 14 days notice in writing to the other party. On termination or expiry of this agreement for any reason:

1. our obligation to provide the Service to you ceases;
2. you must not attempt to use or access the Service after the date of termination;
3. each party’s rights and obligations accrued prior to termination are not affected;
4. we may delete all of your data from any storage media; and
5. clauses 7 and 9 continue.

If the Service Provider terminates the Service for any reason, then this agreement will terminate automatically. In that case, unless the Service Provider terminated this agreement due to failure by you or a User to comply with these terms and conditions, you will be entitled to a pro-rata refund of any pre-paid hosting fees.

2. Server / Network Maintenance.

SCHEDULED MAINTENANCE.

In order to keep its servers up to date, the Service Provider will perform scheduled maintenance to servers from time to time. We reserve the right to suspend access to the server during the time required for the scheduled maintenance.

The Service Provider will attempt to perform all scheduled maintenance at off-peak time. If the maintenance period is expected to last for more than 30 minutes the Service Provider will post a notice regarding the maintenance to its announce mail list.

UNSCHEDULED MAINTENANCE.

Unscheduled maintenance may need to be performed. During this time the server may be off-line. In this case a notice regarding the maintenance will be posted after it is done.

3. Client Data and Data Backup.

UPLOADING CLIENT DATA

Except for intellectual property rights in the Client Data, the Service Provider and CHOOSE Digital Pty Ltd will own all intellectual property rights created during the course of providing the Service.

Subject to this clause 3 and the Acceptable Use Policy, you and your Users may upload content that you wish to be part of your website, in the manner and form and at the times directed by CHOOSE Digital Pty Ltd and the Service Provider from time to time.

You must ensure that all Client Data:

1. complies with any content standards set by the Service Provider or CHOOSE Digital Pty Ltd from time to time;
2. complies with the Acceptable Use Policy;
3. complies with all Laws; and
4. does not infringe the intellectual property rights of any person.

the Service Provider and/or CHOOSE Digital Pty Ltd may remove any Client Data it considers unsuitable.

DATA BACKUP

It is your responsibility to maintain local copies of your web content and information. The Service Provider performs weekly snapshots of all server data and daily incremental backup of all system and Client Data. However, we strongly recommend that all users keep their own recent copy of their sites for any unforeseen events. Backups are made for server restoration purposes only. In the event of equipment failure or data corruption, you should be prepared to re-upload your data to your account.

UPDATES OF WEBSITE SOFTWARE

From time to time, the Service Provider and CHOOSE Digital Pty Ltd may provide updates to the website software used to run your website. It is your responsibility to update your website to the new version of the software. If you do not update to the new version of the software, then:

1. the security of your website and Client Data may be compromised

4. Sub-domains and Account Rights.

SUB-DOMAINS

The Service Provider may provide some domain names to be used as sub-domains. These domain names (and all sub-domains of these domains) will remain the property of the Service Provider .

The domain names (and all sub-domains of those domains) are provided at the Service Provider’s discretion. We make no guarantee that:

1. you will be provided with a domain name or sub-domain by the Service Provider;
2. any particular domain name is or will continue to be available for you to use; or
3. no domain name is or will be registered which conflicts with your preferred domain name or otherwise affects use of your domain name.

If any dispute arises in relation to a domain name provided by the Service Provider, then the Service Provider may withhold, suspend or cancel the domain name.

We are not liable to you or any other person for any cost, loss or liability (including loss of profit or other consequential damage) arising from the Service Provider’s supply or failure or delay in supplying these sub-domains.

HOSTING PLAN

At the time that you sign up for the Services, you must select a website hosting plan from those offered in your quotation. Each website hosting plan comes at a different cost, and offers a different level of service. The hosting plan you select will determine the:

1. disk space (web files, email and database);
2. maximum monthly level of traffic usage before incurring extra traffic costs;
3. number of domains, sub-domains and domain aliases;
4. mySQL databases; and
5. email mail lists,

that is included in the Services.

NO RESALE

You must not resell the Services without our express permission. Reselling of the Services without our express permission will bring you into breach of this agreement.

ACCESS TO ACCOUNT

Access to your account using the Service includes access to:

1. your website; and
2. File Access: files stored on the website/hosting account, via the Joomla Media Manager.

The Service does not include access to the Service Provider’s hosting account.

You can obtain access to your account through the username and password that we assign to you. It is your responsibility to maintain the confidentiality of your username, password and other account information.

TECHNICAL SUPPORT AND OTHER ADDITIONAL SERVICES

The Fees include the provision of normal web hosting and server maintenance services.

At your request, we may carry out Additional Services for you, for example:

1. technical support for application specific issues, such as PHP, html or script installation

You must pay for all Additional Services that you request at our then current Professional Rates.