Terms & Conditions
Last updated: 30 April 2015
Welcome to our website. This website with URL address www.altairhosting.com (Website) is owned and operated by Altair Hosting ABN 24 268 487 602. The terms ‘Altair Hosting’ or ‘us’ or ‘our’ or ‘we’ refers to Altair Hosting ABN 24 268 487 602 , the owner of the Website, whose registered office is 68 Pavetta Crescent, Forrestfield WA 6058. The term ‘you’ or ‘your’ refers to the Website user.
SECTION A: Browsing our Website is subject to the following terms and conditions: Please see SECTION B for the specific conditions for purchasing the Services through our Website.
- Information: The Website includes (i) general content and (ii) content in relation to the provision of the following services Website Hosting, Email Hosting, Domain Name Hosting, Domain Name Registration and SSL Certificate Creation (Services). The Services may be provided to you (at our direction) by third parties.(i) General content provided by Altair Hosting is for your general information and use only. It is subject to these Terms.
(ii) Specific content in relation to the Services relates to the Services as offered by Altair Hosting only. This content is subject to these Terms.
- Amendment: These Terms may be amended from time to time, without prior notice. Your continued use of our Website following any such amendments will be deemed to be confirmation that you accept those amendments.
- Purchasing: Altair Hosting will provide the Services to those parties who wish to Purchase the Services (Purchasers). The Services may be provided to you by Altair Hosting through Altair Hosting’s use of third parties. However any legal contract between you and any third party does not effect the enforceability of our Terms in relation to you.
- Accuracy: While we endeavour to keep the information up to date and correct, we make no representations, warranties or guarantee, express or implied, about the completeness, accuracy, reliability, suitability or availability of any information, images, products, services, or related graphics contained on the Website for any particular purpose. You hereby acknowledge that such information and materials may contain mistakes, inaccuracies or errors and we expressly exclude any liability for such to the fullest extent permissible by law.
- Use: Your use of any information or materials on this Website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any statements, opinions or information available through this Website meet your specific requirements. Any statements, opinions or information contained on this Website have been prepared without taking into account your personal situations or needs. Any reliance you place on it is at your own risk. Before acting on any such statements, opinions or information on this Website, we recommend that you consider whether it is appropriate for your personal circumstances and seek professional advice where necessary.
- Copyright & Intellectual Property: This Website contains material which is owned by or licensed to us and is protected by Australian and international laws. This material includes, but is not limited to, the software, content, design, images, graphics, layout, appearance and look of the Website. Altair Hosting is the copyright owner of the content of the Website or is licensed by the copyright owner to use the content on the Website. Except as permitted by the Copyright Act 1968 (Cth), you must not in any form or by any means:
- copy, adapt, reproduce, broadcast, store, transmit, distribute, print, publish or create derivative works from any information or material on the Website;
- perform in public or transmit in any form by any process (graphic, electronic or mechanical, including further copying, recording, taping or by a storage and information retrieval system) any of the information or material on the Website without the specific prior written consent of Altair Hosting;
- cause any of the material on the Website to be framed or embedded in another Website;
- alter, decompile, disassemble, reverse engineer or modify any material or information that you receive from the Website which can be accessed through the Website; or
- use or apply, for commercial purposes any material or information on the Website, without the prior written consent of Altair Hosting. If you breach these Terms, we will enforce our intellectual property rights against you.
All trademarks, brands and names appearing on the Website are the property of their respective owners. Nothing contained on the Website is intended to grant any express or implied right to you to use or exploit any patent, copyright, trademark or trade secret information. No trademarks, brands or names, including as part of domain names or email addresses, may be used in any manner that is likely to cause confusion.
- Unauthorised Use: Unauthorised use of this Website may be a criminal offence and/or give rise to a claim for damages.
- Third Party Links: This Website may include links to other Websites which are not controlled by us. These links are provided for your convenience to provide you with further information. You acknowledge that they are used at your own risk. They do not signify that we recommend or endorse the Websites. We have no control over the nature, content and availability of those Websites.
- Services: As referred to paragraph 1 we provide you and any third party the Services. We are not responsible for any delays or interruptions to the Website. We will use commercially reasonable efforts to minimise delays and interruptions in relation to the provision of the Services. We cannot warrant that the Website will be available at all times or at any given time. We may at any time and without notice to you, discontinue the Website in whole or in part. We take no responsibility for, and will not be liable for, the Website being temporarily unavailable due to technical issues beyond our control. We are not responsible for any loss, cost, damage or liability that may result from our discontinuance of the Website.
- Domain Name Registration: Altair Hosting does not represent or warrant the availability or registrability of any domain name to you. You agree that you will have no rights or cause of action against Altair Hosting if a domain name cannot be registered. Altair Hosting will notify you when the registration of a domain name is complete. Any act or omission by you in respect of an actual and/or attempted registration of a domain name prior to notification by Altair Hosting occurs at your sole risk.Any administration charge paid by Altair Hosting shall be non-refundable, notwithstanding refusal by the Registry to register the desired name. The registration and use of any domain name by you is at all times subject to the terms and conditions of usage applied by Altair Hosting in the Terms. It is your sole obligation to ensure compliance with the Terms.Altair Hosting will not, at any time, assume any liability whatsoever in respect of the use by you of any domain name. Any disputes arising must be resolved between the parties involved, Altair Hosting bears no responsibility in relation to same.In the event of a dispute Altair Hosting will not be obliged to become involved, or take part, in a dispute but may, in its sole and absolute discretion:(a) withhold or suspend a domain name; and or
(b) make any representations it deems fit to any third party.You must not transfer a domain name to another Internet service provider unless you have first satisfied all funds owing to Altair Hosting.
- Purpose: You may only use the Website for lawful purposes and in a manner consistent with the nature and purpose of the Website.
- for any activities, or post or transmit via the Website any information or materials, which breach any laws or regulations, infringe a third party’s rights, or are contrary to relevant standard or codes;
- to post or transmit any material which interferes with other users or defames, harasses, threatens, menaces, offends or restricts any person or which inhibits any user from using the Website or the Internet; or to send unsolicited email messages, and
- you must not attempt to or tamper with, hinder or modify the Website or attempt to or knowingly transmit viruses or other disabling features to the Website or via the Website, or facilitate or assist another person to do any of the these acts.
- Indemnity: You indemnify us from and against all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis) resulting from your use of the Website.
- Disclaimer and Limitation of Liability:While the information and material contained on the Website is believed to be accurate and current, it is provided by Altair Hosting in good faith on an “as is” basis, and Altair Hosting and the directors, officers and employees of Altair Hosting accept no responsibility for and make no representations or warranties to you or to any other person as to the reliability, accuracy or completeness of the information contained on the Website.Certain legislation including the Consumer and Competition Act 2010 (Cth), similar State or Territory legislation in Australia and similar consumer protection laws and regulations in other countries may confer you with rights and remedies relating to the provision of goods or services to you by us via the Website which cannot be excluded, restricted or modified (Rights).We exclude all other implied conditions and warranties except for your Rights, including but not limited to:
- Altair Hosting expressly disclaims any implied or express warranties or conditions of any kind, including non-infringement of intellectual property rights relating to information or materials accessible from or on the Website;
- Altair Hosting does not warrant that the Website or your access to the Website will be error free, that any defects will be corrected or that the Website or the server which stores and transmits material to you are free of viruses or any other harmful components.
- Altair Hosting takes no responsibility for, and will not be liable for, the Website being unavailable.
- Altair Hosting will not be liable for any loss, damage, costs including legal costs, or expense whether direct, indirect, incidental, special , consequential and/or incidental, including loss of profits, revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss, or any loss or damage relating to business interruption, loss of programs or other data on your information systems or costs of replacement goods, or otherwise, suffered by you or claims made against you which result from any use of or access to the Website, or any inability to use or access the Website, even if Altair Hosting was expressly advised of the likelihood of such loss or damage.
The terms of this Disclaimer do not exclude, restrict or modify the application of any provision of the Australian Consumer Law (ACL) as set out in Schedule 2 of the Consumer and Competition Act 2010, the exercise of any right or remedy conferred by the ACL; or the liability of Altair Hosting for a failure to comply with any applicable consumer guarantees, where to do so would contravene the ACL, or cause any part of this disclaimer to be void.
- Waiver: If we fail at any time to insist upon strict performance of any of your obligations under these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under the Terms, this does not constitute a waiver of our rights or remedies and does not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Terms shall be effective unless we expressly state it is a waiver and we communicate to you in writing.
- Severability: If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
- Jurisdiction and Applicable Law: Your use of this Website and any dispute arising out of your use of it is subject to the laws of Western Australia. These Terms will be governed by the laws of Western Australia, Australia and subject to the exclusive jurisdiction of the Western Australia courts. The Website may be accessed throughout Australia and overseas. Altair Hosting makes no representation that the content of the Website complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Website from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the Website.
- Entire Agreement: These Terms and any document expressly referred to in them represent the entire agreement between you and Altair Hosting and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.
SECTION B: Purchasing the Services on our Website is subject to the following additional terms and conditions:
- Orders: The Website permits you to place orders for the Services.
- Payments: You agree to pay the purchase price of the Services (as specified on the Website or as specified separately by us to you) at the time that you place your order for the purchase of the Services plus any applicable delivery and insurance charges based on the delivery options selected by you. All amounts are stated in Australian dollars. All purchase prices include Australian GST (where applicable). Any insurance or other charges will be separately shown.If you are ordering the Services from outside of Australia, you must pay any other sales, use, goods and services, value added, customs, excise or similar taxes or charges (Other Taxes) imposed by any applicable government agency. We are not able to advise you on the amount of any Other Taxes. You should contact the taxing authorities of the country that the Services are delivered to if you are unsure whether any Other Taxes will apply.You must pay for the Product online by a PayPal account. Your payment will be processed upon receipt of your order. You must not pay, or attempt to pay, for an order through any fraudulent or unlawful means. If your payment is not able to be successfully processed then your order may be cancelled. Full payment must be received before delivery of the product is actioned.
- Cancellations: Unforeseen supply or technical problems or unexpected demand may result in Services being delayed or unavailable. If you cancel your order in writing for any of the Services within the first 30 days of your request for same Altair Hosting (within 30 days of receipt of such written notice) will refund all money minus any non-refundable costs such as Domain Name Registration or SSL certificates will be refunded. All items and/or Services that are not refundable will remain the property of the clientUpon receipt of a cancellation notice or otherwise upon the expiry or termination of these Terms Altair Hosting will be entitled to delete and not retain any records, data, programs or other content relating to you.
- Not available: If for any reason the Service you have ordered is not available we will provide you with a full refund or a credit in relation to the provision to you of any of the available Services.
- General RestrictionsPassword: You must not disclose to any other person any user name and password that we give to you. We will assume that any use of this Website made using that user name and password is you. You must notify us if you become aware of any improper use or disclosure of your user name and password, in which case we will allocate a new user name and password to you. You will be responsible for any such use, except where you have notified us.
- TerminationAltair Hosting may suspend or terminate access to the Services without notice to you if any invoice or account payable becomes overdue. Altair Hosting will not be responsible for any loss or damage to you or any other party as a result of such suspension or termination.Altair Hosting may suspend or terminate access to the Services without notice to you if your usage of the Services consumes excessive bandwidth OR constitutes excessive storage utilization as determined by Altair Hosting OR allows any attacks on any Altair Hosting systems that in any way causes harm to Altair Hosting or any other third party or customer of Altair Hosting. Altair Hosting at its sole discretion may determine what amount of usage constitutes excessive bandwidth usage or excessive storage utilization or any other excessive usage of the Services by you. Altair Hosting will not be responsible for any loss or damage to you or any other party as a result of such suspension or termination.You agree that Altair Hosting has the right to take any necessary action (including shutting down your access to the Services, suspending your access to the Services, terminating your plan/arrangement with Altair Hosting in relation to the Services and/or terminating any account you have with Altair Hosting) in relation to the Services or any website as hosted by Altair Hosting if for any reason you or your usage of the Services cause any issues to Altair Hosting’s systems (including bandwidth, storage, overall reliability and any security related issue).Altair Hosting has the right to inspect your website if it suspects that your website (or any of the Services as utilized by you) is causing excessive bandwidth usage or any other excessive usage of the Services or Altair Hosting’s resources. If upon such completion of such inspection Altair Hosting determines that your conduct constitutes excessive bandwidth usage or excessive usage of any of Altair Hosting’s resources, you agree that Altair Hosting has capacity to terminate or suspend your access to the Services without notice to you. Altair Hosting will not be responsible for any loss or damage to you or any other party as a result of such suspension or termination.Altair Hosting may request that you rectify any breach of this agreement. If you fail to rectify any such breach within 30 days from the issuing of such a request by Altair Hosting, Altair Hosting is entitled to treat this conduct by you as a material breach and repudiation of your obligations under these Terms and Conditions, in view of this Altair Hosting may terminate or suspend your access to the Services without notice to you. Upon such a termination all monies owing by you to Altair Hosting will become immediately due and payable.
In the event of a suspension and/or a termination of the Services by Altair Hosting you agree that Altair Hosting shall be entitled to:
(a) block your website; and
(b) remove all data and or information located on it. Altair Hosting shall retain (at its sole discretion) as to whether any data and/or information removed is:
(a) immediately deleted from existence in its entirety; or
(b) held for such period to enable you at your expense and subject to payment of all monies owing to Altair Hosting to collect the data and or information.
In the event of a termination or suspension Altair Hosting may post such notice in respect of the non-availability of your website as it deems fit.
- Client ObligationsYou will be required to provide to us your Full Name, Address, Telephone Number, Email address and ABN if required (ie. .com.au domain etc). Your contact details will not be disclosed to any third parties unless for the purpose of delivering the purchased Services to you.In using this Website, you must not:
- provide us with inaccurate or incomplete information;
- violate any applicable laws, or use this Website for any purpose that is unlawful or prohibited by these terms and conditions;
- impersonate any person;
- distribute viruses, corrupt files, or any other similar software or programs that may damage the operation of any computer hardware or software;
- collect or store personal data about other users of this Website; or
- engage in any other conduct that inhibits any other person from using or enjoying this Website.
Thank you for reading the Altair Hosting Terms and Conditions.
© 2015 Altair Hosting ABN 24 268 487 620