WebAssist will host an account for the purchaser hereafter referred to as the Client, for their chosen domain name, for a period of twelve (12) months. WebAssist agrees to provide, and the Client agrees to receive, access to the Web Hosting and related Services according to the following Terms and Conditions:

1.0 The Client is the person or entity who is applying or who is receiving Web Hosting Services from WebAssist.

1.1 The Web Hosting Service is provided on an "AS IS, AS AVAILABLE" basis. WebAssist gives no warranty, express or implied, for the Web Hosting Services provided this no warranty expressly includes any reimbursement for losses of income due to disruption of services by WebAssist or its providers beyond the fees paid by the client to WebAssist for services.

1.2 The Client will use the Web Hosting Services in a manner consistent with any and all applicable laws of the State of Victoria and the Australian Federal Government.

1.3 Use of any information obtained by way of WebAssist is at the Client’s own risk, and WebAssist holds no liability for such use.

1.4 WebAssist is not responsible for any damages arising from the Client’s use of WebAssist or by the Client’s inability to use the Web Hosting services for any reason.

1.5 While WebAssist shall make every reasonable effort to protect data stored on the Client’s Server(s), WebAssist is not responsible for the Client’s Data, files, or directories residing on WebAssist’s equipment. The Client is solely responsible for maintaining data, file, and directory structure backups.

1.6 The customer is required to provide WebAssist with correct and up to date contact details for billing and technical notification purposes. WebAssist takes no responsibility for disruption to services due to inability to contact the customer.

1.7 The Client understands that WebAssist may rely on 3^rd party providers and network operators and does not have control of their operations.

Payment

2.0 The Client agrees to a once off set up fee and an Annual Payment as agreed (dependant on chosen hosting package) for Web Hosting Services. In addition setup fees may be charged for additional services as per prices indicated at www.WebAssist.com.au. If the Client exceeds the transfer limit imposed by their chosen hosting package, the Client will be required to upgrade their service to a package with a greater transfer limit.

2.1 Payment can be made by cheque or money order only and in accordance with the terms on the WebAssist invoice which will be forwarded to the Client by mail or electronic mail.

2.2 WebAssist reserves the right, in its sole discretion, to deactivate the Clients Web Hosting account(s) upon an indication of credit problems including delinquent payments or overdue payments past the terms of payment.

2.3 For Client’s that have paid by cheque or money order:

i. Client will receive an invoice by mail or electronic mail for renewal of Annual Payment no less than two (2) weeks prior to renewal date of Annual Payment.

ii. A late charge of $10.00 AUD may be applied after 7 days from the due date of any late Annual Payment. If payment is not received by WebAssist within 10 days of the due date, WebAssist has the option of terminating the Client’s Web Hosting Services.

Change

3.0 WebAssist reserves the right to modify these Terms and Conditions in any way and as required. Notice of such changes will be delivered to users via postings on WebAssist’s Web Site only. Continued usage of Web Hosting Services indicates your acceptance of the Terms and Conditions in their amended form.

Trademarks and Copyrights

4.0 The Client warrants that it has the right to use the applicable trademarks of the Client, and grants to WebAssist the rights to use such trademarks, if any, in connection with WebAssist’s promotion of, referencing of, cataloging of, or indexing of WebAssist’s Web Hosting clients.

4.1 The Client hereby agrees that any material submitted for publication on WebAssist through Web Hosting Services received by the Client will not violate or infringe any copyright, trademark, patent, statutory, common law or proprietary rights of others, or contain anything libellous or harmful.

Hardware, Equipment, and Software

5.0 The Client is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access the Web Hosting Services. WebAssist makes no representations, warranties, or assurances that the Client’s equipment will be compatible with WebAssist’s Services.

Internet Etiquette

6.0 Users of Internet and electronic forums should be considerate of the expectation and sensitivities of others on the network when posting material for electronic distribution. The network resources may not be used to impersonate another person or misrepresent authorisation to act on behalf of others or WebAssist. All messages transmitted via WebAssist’s service should correctly identify the sender; users may not alter the attribution of origin in electronic mail messages or postings. Users must not attempt to undermine the security or integrity of computing systems or networks and must not attempt to gain unauthorised access.

6.1 Due to the public nature of the Internet, all information should be considered publicly accessible, and important or private information should be treated carefully. WebAssist is not liable for protection or privacy of electronic mail or other information transferred throughout the Internet or any other network WebAssist or its customers may utilise.

6.2 Use of distribution lists via unsolicited electronic mail or other electronic mailings is strictly prohibited. WebAssist reserves the right to deactivate the Client’s Web Hosting account(s) upon an indication of such activity. The Client hereby agrees to indemnify and hold harmless WebAssist from any claim resulting from the Client’s or another party’s use of electronic mail service(s) on the Clients Web Hosting account(s).

Termination

7.0 The Client may cancel the Web Hosting Services upon the conditions that requests for cancellation must be made in writing with 30 days prior notice and sent to WebAssist by either facsimile (with company letterhead) or via usual postal mail. Cancellation will not take effect until received. No pro-rata refunds or rebates will be given for early termination, unless cancellation is requested in the first thirty (30) days. Setup fees are not refundable. Upon request for service termination, the service will remain active and available for the remainder of the 12 month service period already paid for in advance, however you may disable your hosting service from within your hosting account online control panel to stop your website from appearing to the world wide web at any time.

7.1 WebAssist reserves the right to suspend Web Hosting Services without notice for any unpaid or partially paid balances. The Client is responsible for any legal fees incurred for the collection of any unpaid amounts.

7.2 Mass unsolicited/unwelcome mailing ("Spamming") is strictly prohibited. Any Client found to be Spamming will have their Web Hosting Services immediately terminated and find themselves billed for any unpaid balances as well as for any damages that occur as a result of their action.

Satisfaction Guarantee

8.0 The Client may terminate services within the first thirty (30) days from activation of the hosting account and receive a full refund excluding the setup fee. Domain names are not refundable.