A) The customer wishes for Responsive Web Solutions to provide Hosting Services
B) The parties have agreed that Responsive Web Solutions is to provide the Hosting Services to the customer on the following terms and conditions. The Terms of Supply shown below form the basis of the provision of Hosting Services by Responsive Web Solutions to the Customer and should not be seen as a deterrent to good business practice.
- Supply of Hosting Services
Subject to the Customer paying the Fees in accordance with clause 3, Responsive Web Solutions must endeavour to provide the Hosting Services to the Customer in volumes acceptable to Responsive Web Solutions.
- Customer Requirements
- The customer must
- provide Responsive Web Solutions with such information and assistance necessary to enable Responsive Web Solutions to provide the Hosting Services;
- have all resources necessary to receive the Hosting Services, including hardware, software, telecommunications resources and internet access acceptable to Responsive Web Solutions;
- not do or attempt to do any of the things described in clauses 1.5(a) or 1.5(b); and
- cooperate with Responsive Web Solutions, act reasonably and follow Responsive Web Solutions’ directions in connection with this agreement and receipt of the Hosting Services.
- The Customer acknowledges and agrees that if the Customer does not comply with clause 1.2(a) then Responsive Web Solutions is not obliged to supply the Hosting Services to the Customer.
The customer must not resupply the Hosting Services to any third party
- Service Levels
Any service levels set out on the website are non-binding targets only and Responsive web Solutions is not required to meet those service levels
Responsive Web Solutions may suspend the Customer's access to the Hosting Services at any time including if
- Responsive Web Solutions suspects that the customer has performed or may perform any illegal acts in connection with receipt or use of the Hosting Services;
- Responsive Web Solutions suspects that the customer has or may have:
- used the Hosting Services:
- to engage in fraudulent behaviour;
- to defame any third party;
- to harass any third party;
- to gain unauthorised access to or interfere with any third party's online resources or systems including by any form of hacking;
- to circumvent and security measures;
- to run an IRC or game server;
- to interfere with any third party's online resources or systems including by carrying out a denial of service attack;
- to distribute, view or create any material that:
- is or may be pornographic, defamatory, offensive, obscene, illegal or unlawful or;
- infringes any third party's Intellectual Property Rights
- to distribute unsolicited emails to third parties, including bulk unsolicited emails;
- to distribute a higher volume of outgoing emails than is acceptable to Responsive Web Solutions;
- to use a non-existent return email address;
- to use an open email relay;
- in a way the infringes any third party's Intellectual Property Rights;
- in a way that disrupts, misuses or excessively uses the hardware, bandwidth access, storage space or other resources of Responsive Web Solutions or Responsive Web Solutions' other customers;
- in any other manner that is unacceptable to Responsive web Solutions; or
- sent unsolicited email from another network that appears to have been sent using the Hosting Services or from hardware that Responsive Web Solutions uses to provide the Hosting Services
- a third party alleges that the Customer has done or threatened to do any of the things described in 1.5(a) or 1.5(b); or
- Responsive Web Solutions receives a request or notice from a third party (including any regulatory body) requiring Responsive web Solutions to cease providing the Hosting Services to the Customer or remove any content the Customer is making available though use of the Hosting Services.
The customer acknowledges and agrees that Responsive Web Solutions will store reasonable quantities of backups of Customer files and documents locally in Australia and not allow these backups or documents to be stored on overseas equipment without the express permission of the Customer.
The Customer acknowledges and agrees that the Hosting Services may not be available from time to time and that the Hosting Services are not error free.
- Customer Material Warranties
The customer warrants that
- use of the Customer material by Responsive web Solutions in accordance with this agreement will not infringe the Intellectual Property Rights of any third party; and
- if the Customer provides responsive Web Solutions with any information by which an individual may be identified in connection with this agreement or inputs that information into the Hosting Services, the customer has all necessary consents including under the Privacy Act 1988 (Cth) to provide that information to Responsive web Solutions or input it into the Hosting Services.
- Accuracy and reliance warranties
The customer represents and warrants, and it is a condition of this agreement, that:
- all information provided by the Customer, or on the Customer's behalf to Responsive Web Solutions is accurate and is not, whether by omission of information or otherwise misleading
- the customer has not withheld from Responsive Web Solutions any document, information or other fact material to the decision of Responsive Web Solutions to enter into this agreement; and
- the customer dod not rely upon any representation made to the customer by Responsive Web Solutions prior to entry into this agreement.
- the Customer must pay the fees to Responsive web Solutions
- if there is a dispute about whether a Fee or other amount contemplated by this agreement is payable or available, the Customer must not withhold the amount in dispute
- the Fees may change during the Term in the manner contemplated by the Schedule.
- Responsive Web Solutions must invoice the Customer from tome to time for the Fees
- the Customer must pay an invoice issued under Clause 3.2(a) within 14 days after the date of issue of the invoice.
- Deferral of Performance
If the Customer fails to pay the Fees in accordance with this agreement, without limiting any other remedies available to Responsive Web Solutions, Responsive Web Solutions may defer performance of all Hosting Services until the outstanding Fees are paid.