AustWeb - Terms of Service (ToS)

1. Helpdesk & Support

1.1. Support with AustWeb is provided on a first come first served basis, with the exception of clients who have a custom support agreement in place.

1.2. Support is provided by our ticketing system and is available 24/7 with a standard response time of 8 hours (however it is usually much quicker!). This does not apply to those who have custom support agreements in place.

1.3. Our Network operations centre is available via email (noc@austweb.net.au) 24/7 for all network related issues or concerns including abuse. Additional fees may be incurred if you abuse this service. This service is designed for network related issues or abuse related issues only not general support.

1.4. All service modifications and upgrades must be lodged through our online ticketing system. Please note that we do not accept service modification requests via any other means and as such all requests will not be acknowledged and referred back to the ticketing system for lodgement, for privacy and security purposes.

2. Abuse

2.1. IP Addresses that are ordered and not used within 14 days in accordance with our terms of service and APNIC’s terms and conditions will be removed from your service(s) and returned to the address pool.

2.2. You as the client are solely responsible for the content stored and used within your account and all attached services which is serviced to the general public from our network.

2.3. The client agrees not to abuse any staff member under any circumstances. Abusing a staff member may result in service termination without notice and you will be billed accordingly as per the terms of service for early termination and or where applicable network port termination. We take abuse of our staff very seriously.

2.4. Clients who abuse the network capacity / resources of AustWeb by attacking other servers and/or networks or constantly having their service(s) attacked with DDOS, SYN Attacks or Botnets will have their services suspended on the first occasion and terminated thereafter. Clients who commit or allow other people to commit such actions will be reported to the authorities and will be liable for the data (and costs) that their service consumed in such illegal activities.

2.5. AustWeb’s network may only be used for lawful purposes. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper written authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Committing such an offence will result in service termination with penalty as set out in the terms of service above.

2.6. AustWeb does not allow its clients and users to use our network for unacceptable activities. Examples of unacceptable activity, content or links include: pirated software, hacking programs or archives that permit illegal access, copyright infringement, IRC, Denial of Service attacks, and any scanning tools that cause harm to others; child pornography; email spam/bombing/opt-in; fraud activity / credit card trading; harassment; making copy of unauthorized software and/or distribution of viruses. Committing such offence will result in service termination with the appropriate termination fees payable as set out in the terms of service above.

3. Billing & Payments

3.1. All invoice charges are shown in Australian Dollars (unless otherwise stated) and includes Goods and Services Tax (unless otherwise stated).

3.2. Your service will be suspended three days after a failed payment attempt and terminated 7 days after a payment attempt has failed (subject to management review) if the payment has been declined, charged-back or disputed and early termination fees may apply depending on the service unless a payment arrangement has been entered into.

3.3. Filing a chargeback with your financial institution or PayPal will result in costs of $99.00 being applied to your account which covers administration fees.

3.4. Where a client pays by Credit Card, the client grants us consent to attempt payment capture at midnight of the service due date (unless payment has already been made for the due invoice.

3.5. AustWeb generates all invoices for all accounts at least seven (7) days prior the anniversary date. At this time you will be issued with a Tax Invoice via E-mail (as an attachment) or a notification of where you can login and download your invoice

3.6. All simply hosting products including but not limiting cPanel Web Hosting, DNS Server Hosting, Dedicated Servers, Virtual Private Servers and our electronic services are non-refundable

3.7. Payment Gateway Charges are charged on all invoices and are set out as follows: Bank Transfer Free per transaction, Credit Card is 2.90% of invoice value plus $0.30 processing fee per transaction, BPAY is 0% and $1.00 per transaction and PayPal is 3.90% of invoiced total plus $0.30 processing fee. All fees are inclusive of GST and may be subject to change. These fees can be waived on application to us and an assessment has been completed.

4. Debt Collection

4.1. AustWeb reserves the right to charge 15% interest on all accounts that are more than 30 days old unless a prior arrangement has been made in writing.

4.2. For the purpose of debt collection, debt recovery or debt purchase, AustWeb reserves the right to release your personal information in accordance with our privacy policy.

4.3. If AustWeb is unable to make contact you the client to clear the account balance via email, phone or text message then AustWeb reserves the right to forward the overdue debt onto our debt collection agency whereby the client will be responsible for all collection and legal costs incurred in recovering the money owing.

4.4. Account credits cannot be withdrawn from your account, converted to cash or transferred at any point in time. All credit that is on the account must be used by a fee or service.

4.5. Where collection proceedings fail, AustWeb reserves the right to list the debt owing against the client with a credit reporting agency. This may impact your future ability to apply for credit even after the debt is paid in full.

5. Termination & Suspension of Services

5.1. Clients are forbidden, to create more than one account without the written approval of management using the same name or other address and contact details. We use extensive data-matching systems to detect such activities and if a client is deemed to be operating multiple accounts without authority, we reserve the right to terminate all services under all accounts with the applicable termination fees payable seperately on each account.

5.2. AustWeb may temporarily deny or terminate all your services apon the failure of the customer to pay account charges due or for breach of these Terms of Service. Such termination or denial will not relieve the customer of their responsibility for the payment of all accrued charges, plus any fees and any collection or legal fees if applicable. See “Billing, Payments, Collections & Account Policy for further information

5.3. For clients who do not give the mandatory 30 days' notice to terminate their services the following applicable terms will apply:

5.4. IP Addresses that are assigned to your account are to be used for lawful purposes only, using any IP addresses for illegal purpose will result in service suspension / termination with the appropriate fees being charged for early termination and network termination.

5.5. While reasonable efforts are be made to block all inbound and outbound attacks to other external or internal servers or networks, AustWeb will suspend or terminate any service that may be participating in illegal activities if we receive supporting evidence that your service(s) have been used in the commissioning of such attacks on any external resource.

5.6. When a server is found to be excessively using the resources available, AustWeb reserves the right at its sole discretion to disconnect that server immediately to avoid slowing down other servers on our network. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers and our network. Where appropriate account holders may be offered an option whereby AustWeb reactivates the service with additional resources for an additional fee.

6. Account Security

6.1. AustWeb takes the account security of our customers extremely seriously. We urge you not to share your client area account login details with any other 3rd party company, contractor or individual. If you choose to share your account information, you will be liable for any charges that may be incurred.

6.2. If you would like to have account representatives or authorized people added onto your account then please contact us via phone during business hours and we will endeavor to have them added to your account.

6.3. AustWeb will not release any account information which includes but does not limit, names, addresses, phone numbers or login details to any 3rd party without the consent of you the customer unless in accordance with our privacy policy or we are legally required to do so.

7. Payment Gateway Processing Fees

7.1. When using a credit card, a processing fee of 2.90% of the total amount (inclusive of GST) + 0.30 cents per transaction.

7.2. When using a PayPal account, a processing fee of 3.9% + 0.30 (inclsuive of GST) per transaction will apply.

8. Credit Reporting

8.1 Where permitted by law, AustWeb may use a credit reporting agencies such as Illion or CreditorWatch for the purpose of:

9. Force Majeure

9.1. In the event of our being delayed in, or prevented from, performing our obligations under the Customer Contract due to circumstances beyond our reasonable control including without limitation acts of God, governmental actions, war or national emergency, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to our workforce), power outages, failures in telecommunications links or equipment we shall not be liable for any loss, damage or expenses incurred by you.

10. Severance Clause

10.1. If a clause of this Agreement is determined by any court or other competent authority to be unlawful and/or unenforceable, the other clauses of this Agreement will continue in effect.