This Agreement shall be construed in all respects in accordance with the laws of the state of Queensland, Australia applicable to contracts enforceable in that state.

This Services Agreement (the "Agreement") contains the complete terms and conditions which govern the use of any services provided by SupplyLink International Pty Ltd. As used in this Agreement, "SupplyLink", "The Supplier", "Supplier" means SupplyLink International Pty Ltd and "Client", "you", "your" or "Subscriber" means you. By clicking on the "Proceed", "Order", Buy Now" button, you acknowledge that you have read and understand this Agreement, and you agree to its terms and conditions and all policies posted on this site. As referred to in this Agreement, "Site" refers to a World Wide Web site and "Hosted Site" refers to any web site hosted and or managed by the Supplier, or any other successor Sites hosted, owned, managed or maintained by The Supplier.

General

The terms and conditions outlined below are designed to protect and benefit all clients.  In particular, they attempt to ensure that the servers are used only for legal and appropriate purposes, and that no client uses an 'unfair' proportion of the system's resources.

The Client acknowledges it is responsible for all activity originating from the account unless proven to be a victim of outside hacking or address forgery. The client is responsible for securing their username/password. The client assumes responsibility for all material on their site that may be put on by a third party (such as the usage of Free For All links pages). Use of The Supplier's service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of the web space by the client. The following examples are offered: Web Publishing may require knowledge of HTML, properly locating and linking documents, FTPing Web contents, Graphics, text, sound, image mapping, etc. FrontPage web publishing: knowledge of the FrontPage tools as well as Telnet and FTP understanding and capability. CGI-Scripts: requires a knowledge of the UNIX environment, TAR & GUNZIP commands, Perl, CShell scripts, permissions, etc. Mail: a use of mail clients to receive and send mail, etc. The client agrees that he or she has the necessary knowledge to create and maintain their web space and the Client agrees that it is not the responsibility of The Supplier to provide this knowledge or support outside matters specific to The Supplier's servers unless otherwise agreed in writing.

Limitation of Liability

The client agrees to indemnify and hold The Supplier and its associates harmless from any claims resulting from the use of this site or associated services, including claims relating to damage to the client or to any other party.

Use of Servers

Clients should not attempt to access the sites of other clients, and should not attempt to hinder the operation of our servers in any way.  

Servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data or material in violation of any applicable law or regulation is prohibited. This includes, but is not limited to: copyrighted material, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.  Examples of non-acceptable content or links: Pirated software, Hackers programs or archives, Warez sites, MP3, and IRC bots.

We reserve the right to refuse or cancel service to any client.

Acceptable Content

Your site must not contain material, or contain any link to material, which is unlawful, pornographic, gambling-related, threatening, hateful, obscene or which encourages unlawful behaviour.  This includes any site with depictions of nudity, as well as material relating to hacking or pirated software.  We have sole discretion to determine whether a site's content is acceptable.  Sites with unacceptable content will be removed from our servers.

No Mirroring

You must not use your site to mirror material on any other site without our express written permission.  This permission will usually be declined unless the resources required are minimal.

Unlimited Traffic

Traffic Allowance

Your website is entitled to unlimited traffic in each calendar month unless any of the following apply to Your site:

• It contains images, CGI programs or similar content that is accessed from other websites.? For example, if You run a banner advertising program and the banner is stored on Your website and accessed by the websites displaying Your banner;
• Unless your package allows. two or more domain names are being used to access Your website. For example, if You are utilizing our Domain Parking facility to point an additional domain name at Your website then You will not qualify for unlimited traffic;
• The number of "hits" (file accesses) generated by Your site exceeds 5% of the total hits to the shared server housing Your site;
• The total traffic (in megabytes) generated by Your site exceeds 5% of the total traffic to the shared server housing Your site;
• More than 20% of Your site's traffic is from e-mail activity (that is sending, receiving and accessing messages and attachments);
• More than 20% of the traffic to Your site is from binary files (such as images, java applets, mp3 files or sound files).
• Your selected hosting package (web hosting plan) does not explicitly include an unlimited traffic allowance. For example, sometimes we may provide special offer web hosting plans which do not include an unlimited traffic allowance (instead, the plan details on our site include an explicit statement that a particular traffic limit applies).

If, at our sole discretion, we decide:

• Your website does not qualify for unlimited traffic; and
• Your website traffic exceeds the Package nominated amount in any calendar month

we may, at our sole discretion, either:

• charge You for all traffic in excess of the amount at the rate of AUD$7.00 GB or part thereof.
• remove Your website from our Servers immediately without notice.

You acknowledge and agree that we have the sole right to determine when and where these provisions apply. Due to time constraints we cannot analyze your traffic patterns to determine the precise cause of your high traffic, but you have access to your site statistics and raw web logs via your control panel so in most cases will be able to analyze your traffic patterns yourself if you so desire. You acknowledge that we have no obligation to provide you with justification or data analysis to prove that excess traffic charges apply or to prove the size of the charges.

If we decide that your site is likely to incur excess traffic charges for a given month we may, at our sole discretion, notify you via email of the estimated excess traffic charges for the month and insist that you place a deposit with us within 24 hours of our email message being sent. The amount of the deposit will be equal to our estimate of the excess traffic charges you will incur for the month. If such deposit is not made within 24 hours then Your website may be deactivated without notice.

Virtual Servers and Dedicated Servers receive the traffic as specified under each plan. The traffic under the plan and the traffic block is for the month of purchase only and is non transferable.

Please note that, in the interests of our other customers using our shared servers, we may decline to host extremely high traffic sites and may immediately disconnect such sites if we see fit.

We have sole discretion to determine whether and when these provisions apply.

Use of Disk Space

Your disk space is for your own use only.  You may not resell or give away disk space to any third party without written permission from us unless you an authorised reseller of our services. Disk space is non-transferable. For security reasons all disk space must be associated with a registered domain name and may not be used as storage for data not associated with the domain name.

You may not consume disk space with copies of pages which are substantially the same.  For example, you cannot automatically generate multiple copies of a single page and place all the copies on your web site.

Please set your mail software to delete your mail from the server.  This will speed up your mail retrieval and will help you avoid excess disk space charges.  Mailboxes can quickly grow and consume your disk space allowance if you do not delete your mail from the server.

Software Distribution

The Supplier's shared hosting accounts are not to be used for the purposes of distributing software and multimedia products.  If you wish to distribute software and/or multimedia files, please open a Support Ticket detailing your request for special arrangements. 

Database Size

The disk space used by your databases (combined total of your MySQL, flat-file and other databases) should not exceed 50% of your allocated web site space on the shared server.  If more than 50% of disk space is used for these databases, the amount over and above 50% will be charged at the disk space rate of the package used.

Chat Rooms and IRC

Chat rooms tend to monopolise system resources and for that reason we do not allow clients to install their own chat rooms.  IRC or IRC bots should not be run on our servers.

Resource-Intensive Programs

Any website that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given an option of either paying extra (which depends on the resource needed) or reducing the resource used to an acceptable level. 

If you install and run a resource-intensive program on our servers there may be an additional monthly charge.

Spam (Unsolicited Commerce Email)

Spamming, or sending of unsolicited bulk email, from our servers is strictly prohibited.  Additionally, you must not use an email address or domain name which is hosted by us to send unsolicited bulk email.  Violators will be assessed a minimum of $400.00 fine and will face an immediate suspension. If we decide that you have violated this condition then your account will be deactivated immediately.

Prices

Prices are subject to change without notice unless stated in writing.  Any change in pricing will apply to your next billing period, but will not be payable for your current billing period.

Forms

All forms must be completed in full. The responsibility rests with the person completing the form to ensure that all information is accurate and correct. Delays in setup and changes may be affected by incomplete forms.

Billing Cycle, Invoices, Payments and Add-on Services

Our standard billing cycle for web hosting is quarterly in advance.

Invoices will be emailed to your registered email address. An invoice is deemed to be paid when the cleared funds show in the The Supplier Bank account. 

The initial payment is due at the time of your order unless other arrangements are agreed in writing.  After the initial payment, we will send you an invoice approximately 30 days prior to the end of your current billing period. Payment is due at least 7 days prior to the end of the current billing cycle. Accounts that are not paid by the end of the current billing cycle are in breach of our TOS and will be placed on stop service and may be removed from our servers without notice. 

Add-on Services - Invoices for add-on services are required to be paid in full prior to the service being added.

Bandwidth - Accounts that do not qualify for unlimited bandwidth will be invoiced separately with the invoice payable within 7 days of email date.

If payment is not received in 7 days of invoice date the account is deemed to be in breach of our TOS and will be placed on stop service or suspended and may be removed from our servers without notice. 

If payment is not received in full within 30 days of invoice date The Supplier may, at its sole discretion, turn the account over to an outside collection agency for collection and the client further agrees to pay a "Processing and Collection Fee" of not less than $50 nor more than $150. 

If payment is not received in full within 60 days of invoice date the client agrees to immediately relinquish all rights to the Domain Name and associated files/folders in consideration of written advice from the Supplier that same is acceptable in lieu of full payment being made.

Late fees are payable on all overdue accounts.

A re-establishment fee is applicable to any Account that is placed on Stop Service or Suspended.

Clients in breach of our TOS may be removed from our servers without notice.

An additional fee applies if you require your invoice faxed or posted. 

All Payments To The Supplier Are Non-Refundable.

Domain Names

Domain Names may be ordered by a Client using a the supplied Order Form. The Supplier will apply for the Domain Licence and advise the Client if the application is successful. Clients who order a Domain Name(s) combined with a hosting package agree that in consideration of the discounted rate for the Domain Name Licence that they will host their web site including all files and folders with The Supplier for the current period of the Domain Name licence. The Supplier will make application for the Domain Name Licence using the Client's name and The Supplier will be the registered contact for Administrative, Billing and Technical issues related to the Licence. The Client agrees that an administration fee applies to modify any details and is done at the sole discretion of The Supplier.

Domain Name Registration and Transfers

Where The Supplier offers to register and or transfer a domain name for a client as part of a package then this is a once only FREE offer and the client is required to provide true and correct information in full. To qualify for the domain name, the domain name must be available and ordered at the same time as the hosting package and may not be combined with any other offer. Should the application or transfer be rejected by the Domain Name Registrar then the client agrees to pay a reapplication fee to The Supplier.

DNS Modifications

The Company will, free of charge, make one attempt to modify the DNS of an existing domain name provided the client purchases a hosting package for the said domain name and the information provided by the client i.e. Current Registrar url, username and or password if applicable, is correct. Standard fees will apply if the Company is unable to modify the DNS on the first attempt if due to incorrect url, username and or password.

Add-ons and SSL 

Add-ons supplied by a third party may be a breach of our servers security and are therefore deemed to be outside our TOS. An SSL associated with the domain name must be supplied by The Supplier. 

Members

You agree that you shall not use any Bonus software mentioned in any of our advertisements for anything other than your own personal use. You may not copy or distribute any of the said software for commercial gain and may not distribute any of the software, modified or unmodified, on a diskette, CD, website or any other medium for use by any other party.

Backup

Backups of the Client's web site and associated files are the sole responsibility of the Client. We HIGHLY recommend that you make it common practice to backup your own web pages.

Renewal of Services

Accounts are automatically renewed 7 days prior to the end of the current billing period unless cancelled in writing by the client providing a minimum of 10 days notice by either email or ordinary mail using the cancellation form. Unless you request otherwise, all renewable accounts will be renewed for a period of 3 months unless otherwise agreed in writing. 

Technical Support

We will provide technical support via our Support Ticket relating to the operation of our servers and the use of the server's facilities. Our online support center will answer 99% of commonly addressed issues. The Supplier is an online business and as such we do not offer free telephone support. Should you telephone our Head Office for Technical Support fees apply.
Copies of the Welcome letter containing username and password are available - a fee applies. 
Support for open source add-ons is available via the respective site. 
Web consultancy, design and related services are available on a fee for service basis either direct or via our Associates. 

Account Cancellation Notification

You are required to notify us via in writing that you wish to cancel your account by using our Cancellation form. Once the Cancellation is received by us we will confirm the cancellation. Notification must be made at least 10 days prior to the end of the current billing period. If you do not notify us at least 10 days prior, your account will be automatically renewed at the current rate. Your account will then be cancelled at the end of the next billing cycle. 

Refusal of Service

We reserve the right to refuse or cancel service at our sole discretion.

If you breach any of the above terms and conditions we reserve the right to deactivate your account immediately and without notice.

Refund and Disputes

All payments are non-refundable. 

All overcharges and billing disputes must be made in writing within 7 days of the overcharge or dispute and if agreed a refund is due it will be made by way of a credit against the next billing cycle.

Refunds and or Credits do not apply to Clients who, in the opinion of The Supplier, are in breach of our Terms of Service or Acceptable Use Policy.

Non Competition

You further agree and acknowledge that the content of the managed site is Protected by Copyright and that you will not use this concept, the information or data contained in the managed site to either directly or indirectly compete against the Supplier or the Supplier's Representative by offering and or providing either the same or similar service to any individual, firm or government department or statutory authority for a period of five (5) years from the first date that You enter the Hosted Site.

Limitation of Liability

THE SUPPLIER WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED UNDER THIS AGREEMENT OR THE USE THEREOF (INCLUDING BUT NOT LIMITED TO DAMAGE, LOSS OR CORRUPTION OF DATA, SERVICE INTERRUPTIONS OR ERRORS, INACCURATE ADVICE PROVIDED TO YOU AND/OR YOUR CLIENTS, OR LOSS OF PROFIT, BUSINESS, REVENUE, GOODWILL OR ANTICIPATED SAVINGS), EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.

THE AGGREGATE LIABILITY OF US FOR ANY CLAIMS HOWSOEVER ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY PRODUCTS OR SERVICES FURNISHED OR TO BE FURNISHED BY US UNDER THIS AGREEMENT WILL, IN ANY EVENT, BE ABSOLUTELY LIMITED TO THE AMOUNT PAID BY YOU TO US UNDER THIS AGREEMENT FOR THE APPLICABLE PRODUCTS AND/OR SERVICES.

YOU ACKNOWLEDGE THAT WE HAVE SET OUR PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATION OF LIABILITY SET FORTH IN THIS AGREEMENT, AND THAT THE SAME FORMS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. THE PARTIES AGREE THAT THE LIMITATION OF LIABILITY SPECIFIED IN THIS AGREEMENT WILL SURVIVE AND APPLY EVEN IF ANY LIMITATION OF REMEDIES IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. NOTWITHSTANDING THE FOREGOING, NOTHING CONTAINED HEREIN WILL LIMIT YOUR LIABILITY FOR ITS OWN WILFUL OR WANTON CONDUCT.

NOTWITHSTANDING ANY OTHER PROVISIONS CONTAINED HEREIN, WHERE ANY ACT OF THE AUSTRALIAN PARLIAMENT IMPLIES ANY TERM INTO THIS AGREEMENT, AND THAT ACT AVOIDS OR PROHIBITS PROVISIONS IN A CONTRACT EXCLUDING OR MODIFYING SUCH TERM, THAT TERM WILL BE DEEMED TO BE INCLUDED IN THIS AGREEMENT, BUT OUR LIABILITY FOR BREACH OF THAT TERM WILL BE LIMITED IN ONE OR MORE OF THE WAYS (AT OUR OPTION) PERMITTED BY SECTION 68A(1) OF THE TRADE PRACTICES ACT 1974 (CTH).

Disclaimer

We make no statement, warranty, representation or promise not expressly set out in the Agreement, or required by law. We expressly disclaim all warranties, representations or promises in relation to the Service.

Guarantee

Requests for refunds in relation to our Guarantee must be made in writing within 7 business days of the incident noting the time and the incident using our SLA Refund Request . Should you incur any downtime or failure due to the Company, the Company may, at it's sole discretion, credit the appropriate amount against your next billing cycle. Our SLA covers the following areas:

Network Uptime

The Company guarantees that the network will be available 99.9% of the time during the current billing cycle of a Client account, excluding scheduled maintenance. The guarantee takes effect if the network is down for more than 43 minutes during a 30 day billing cycle. The Company will credit the customer 5% of the recurring fee for each 30 minutes of network downtime (up to 100% of customer's monthly fee) on the next invoice if downtime exceeds the 99.9% limit. Network uptime includes functioning of all network infrastructure including routers, switches and cabling, but does not include services or software running on your server. Server downtime exists when a particular customer is unable to transmit and receive data and the Company records such failure in the Company's trouble ticket system. Server downtime is measured from the time the trouble ticket is sent by a customer to the time the server is once again able to transmit and receive data.

Hardware Guarantee

The Company guarantees the functioning of all leased hardware components and will replace any failed component at no cost to the customer. Hardware replacement will begin once the Company identifies the cause of the problem. Hardware replacement is guaranteed to be complete within 24 hours of problem identification. In the event that it takes us more than 24 hours to replace faulty hardware, The Company will credit the customer 50% of the recurring fee for the server affected on the next invoice. Hardware is defined as the Processor(s), RAM, hard disk(s), motherboard, NIC card and other related hardware included under the server lease. This guarantee excludes the time required to rebuild a RAID array. This refund is available once per billing cycle.

Abuse of Our Staff and or Network Staff

Abuse towards our staff or our network staff will not be tolerated. If you use inappropriate language, threats, or do anything we find offensive, we may suspend and/or delete your account without notice. All payments are non-refundable. 

Revision to the TOS 

We reserve the right to revise, amend, or modify the TOS at any time and in any manner. In such case the amended or revised TOS will be posted to our website. Subscriber understands that changes to the TOS shall not be grounds for early contract termination or non-payment.

Location and Severability

The TOS shall be construed in all respects in accordance with the laws of the State of Queensland Australia. If any part of the TOS is found to be invalid or unenforceable by law, the remainder of the TOS will remain enforceable and in full effect.

Legal

By your accessing this web site you agree and understand that:

Information provided is provided "as is and where is" without warranty of any kind, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose and freedom from infringement.

Should you use or rely upon such information for your own purposes you do so at your own risk and no liability rests with The Supplier.

Given the ever changing nature of the Internet & Computer Industry no guarantee is given as to the accuracy of any information presented, particularly after the date of publication.

This web site is copyright to The Supplier. 
If you wish to copy Portions of this site you must apply for permission in writing and if permission is granted the text may be copied and distributed subject to the following conditions:

1) Text and or data must be copied without modification.
2) All copies must contain acknowledgement as follows: 
3) The data may not be used for profit.

All trademarks acknowledged.