Website Hosting Terms & Conditions

Definitions

1.1. “Customer” means the person or entity who ordered services provided by Spin Design.

1.2. “Customer Service” means the relationship between Spin Design staff and the Customer, with the purpose of assisting the Customer with a question they have asked.

1.3. “Registry” refers to person(s) or entity(ies) responsible for providing registry services. These services include customer database administration, zone file publication, DNS and DNSSEC operation, marketing and policy determination in regards to a top-level domain name. A Registry may outsource some, all, or none of these services. Different registries exist for different TLDs.

1.4. “Service”, “Service(s)” or “Services” means any product(s) or service(s) the Customer has signed up to use. This can include, but is not limited to, the provisioning of space on one of our servers and a connection to and from the internet for web, email hosting and/or FTP services to function at the level specified in the chosen service level, domain name registration or transfer or renewal, SSL, VPS and SMS services.

1.5. “Spin Design” means Spin Design Pty Ltd.

2.1. The Customer signified acceptance of our Terms of Service, as well as our Acceptable Use Policy, Privacy Policy, Customer Service Policy and any applicable Registrant Agreement when they submitted their order to Spin Design for Services, and that order was accepted.

2.2. The Customer acknowledges that they are solely responsible for ensuring that all Service(s) are in full compliance with this policy and that they are solely responsible for the files and applications that have been uploaded and executed.

3. Communication

3.1. The Customer agrees to receive emails directly relating to the Service(s) provided, as well as marketing and promotional emails from Spin Design to the email address registered to their account. The Customer can unsubscribe from marketing and promotional emails only.

3.2. Customers with eligible services may receive service specific notifications (including, but not limited to suspension notices) via SMS to their mobile device if a mobile number is available.

4. Availability of Services

4.1. While Spin Design will endeavour to provide continuous availability of all Service(s) to the Customer, Spin Design will not be liable for any Service interruptions or downtime that is not covered by a Service Level Agreement (where applicable).

4.2. Scheduled maintenance will be performed at a time which is deemed suitable by Spin Design, and should it require any Services to be offline for greater than thirty (30) minutes, Spin Design will post details of the scheduled maintenance at least two (2) days prior.

4.3. Unscheduled maintenance will be performed as required by Spin Design , and should any Service(s) be offline for greater than thirty (30) minutes, Spin Design will post details of the maintenance and any updates until it has been completed.

5. Domain Names

5.1. The Customer acknowledges that they have read, and agree to any applicable Registrant Agreement before purchasing any Domain Name(s) from Spin Design.

5.2. The Customer acknowledges that all Domain Name(s) are non-refundable once the order has been accepted and processed by Spin Design.

5.3. Spin Design does not warrant or guarantee that a Domain Name registration will be approved by the Registry, irrespective of whether the invoice for the Domain Name(s) has been paid. The Customer should take no action in respect of the requested Domain Name(s) until they have been notified by Spin Design that the Domain Name(s) have been successfully registered and the Customer has verified the registration through public WHOIS lookup.

5.4. The registration and on-going use of the Domain Name(s) are subject to the relevant naming authority’s terms of service and any applicable Registrant Agreement. The Customer is responsible for ensuring awareness of these terms and that they are adhered to.

5.5. The Customer waives any right to make claim against Spin Design in respect to a decision made by any Registry or Regulatory Body to refuse registration, renewal, transfer or continued use of a Domain Name.

5.6. The Customer acknowledges that Spin Design is not obligated to renew a Domain Name if the Customer has;

a. not confirmed to Spin Design that the domain name is to be renewed, or

b. the invoice for renewal has not been paid in full, or

c. it is determined that the Customer does not satisfy the eligibility criteria to continue holding the Domain Name license.

In these circumstances, Spin Design will not be held liable by the Customer for any loss or damages. All renewal requests must be submitted via email to info@spindesign.com.au and it is the Customer’s

responsibility to confirm that the renewal request has been successfully processed in full.

5.7. Domain Name registration, renewal or transfer may be declined by Spin Design if the Customer is in breach of the Terms of Service, Acceptable Use Policy, Customer Service Policy or any applicable Registrant Agreement, or the customer has other unpaid invoices in their

Account.

5.8. It is the Customer’s responsibility to ensure that the Registrant, Technical and Administrative contact information is kept up to date on every domain name. As per registry-registrar policy and agreements, Spin Design will use the Registrant contact information to advise the Customer of any pending expiry, renewal or transfer requests relating to the domain name.

5.9. Should the Customer choose to terminate all Service(s) with Spin Design, but does not transfer a Domain Name to another registrar, the Customer agrees that Spin Design may contact the Customer after the Account closure to advise of any domain name expiry, renewal or transfer request.

5.10. The Customer warrants that Spin Design is authorised to act as the Designated Agent to approve any changes to made to registrant contact details on behalf of the old or new registrant for any generic top-level domains governed by ICANN.

5.12. Enabling ‘ID protection’ on any generic top-level domain governed by ICANN is not considered a material change the registrant data given that as per ICANN requirements the Registrar holds all original registrant data.

6. Customer General Warranties and Undertaking

6.1. The Customer warrants that any information supplied to Spin Design is true and correct and will be kept current and up to date by emailing info@spindesign.com.au

6.2. The Customer warrants that they will keep all passwords and sensitive information in a secure location and this information is not shared with any other party.

6.3. The Customer warrants that at the time of entering into this agreement they are not relying on any representation made by Spin Design, its staff, agents or affiliates, which has not been expressly stated in this agreement.

6.4. The Customer agrees that they are solely responsible for dealing with cases of unauthorised third parties accessing their Account and/or Service(s). These matters should be referred to the Australian Federal Police for investigation as soon as possible.

7. Spin Design General Warranties and Undertaking

7.1. Spin Design shall not be liable to the Customer for harm caused by or related to the Customer’s Service(s) or inability to utilise the Service(s) unless caused by gross negligence or wilful misconduct.

7.2. Spin Design shall not be liable to the Customer for lost profits, direct or indirect, special or incidental, consequential or punitive; or damages of any kind whether or not they were known or should have been known.

7.3. Notwithstanding anything else in this agreement, the maximum aggregate liability that Spin Design, any of its employees, agents or affiliates, under any theory of law, shall not exceed a payment in excess of the amount paid by the Customer for the Service in question for the six months prior to the occurrence of the event(s) giving rise to the claim.

7.4. Spin Design does not warrant that:

a. Any Service(s) provided will be uninterrupted or error-free;

b. The Service(s) will meet your requirements, other than as expressly set out in this agreement;

c. The Service(s) will not be subjected to external hacking attempts, viruses, worms, denial of service attacks, or other persons gaining unauthorised access to the Service(s) or any Spin Design system.

7.5. Spin Design does not make or give any express or implied warranties including, without limitation, the warranties of merchantability or fitness for a particular purpose, or arising from a course of dealing, usage or trade practice, with respect to any goods or services provided under or incidental to this agreement.

7.6. In no event will Spin Design be liable to the Customer for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.

7.7. Third party services engaged by the client through cPanel including but not limited to SEO and web design tools are done so at the Customer(s) own undertaking. Spin Design does not provide any express or implied warranty on the quality of their product(s) nor the outcomes expected and is under no obligation to extend support for externally managed or purchased products.

8. Accounts and Billing

8.1. The Customer agrees to a month to month contract term for Service(s) unless otherwise stated in the Service offering (eg. domain names, SSL certificates, special Service(s) with an agreed term), or otherwise agreed in writing. The month to month contract for Service(s) is automatically renewed each month in perpetuity subject to cancellation by the Customer.

8.2. Monthly Service(s) are established as part thereof, signifying the beginning of a new month demotes commitment till the end of that monthly period.

8.3. In relation to fees for Service(s):

a. Fees for Service(s) ordered by the Customer shall begin on the date of the initial order and shall be prorated to include all days until the first day of the next month, and the chosen billing cycle in advance. This may be monthly, quarterly, semi-annually, annually, biennially or triennially.

b. The first day of the month will serve as the anniversary date for all future billings including one time fees, upgrades, additional services, cancellations and service credits, unless the Service(s) only allows annual or biennial billing cycles (eg. domain name registrations, SSL certificates, et cetera).

c. Fees are due in advance of the billing cycle and will be invoiced to the Customer ten (10) days prior to the due date. If a credit card is stored in the Account it will be charged three (3) days prior to the due date to allow sufficient time for any potential issues (such as insufficient funds, expired cards, et cetera) to be rectified before the due date.

8.4. In relation to fees for upgrades to Service(s):

a. Upgrades ordered by the Customer on the billing anniversary date will be billed for a full cycle and will continue each cycle on the anniversary date unless the Service(s) only allows annual or biennial billing cycles (eg. domain name registrations, et cetera).

b. Upgrades ordered by the Customer after the billing anniversary date will be prorated to the next anniversary date at the full monthly cost. Future fees will appear as the new plan from your existing anniversary billing date.

c. Fees for upgrades will be payable within seven (7) days of the upgrade taking place. If a credit card is stored in the Account it will be charged three (3) days prior to the due date to allow sufficient time for any potential issues (such as insufficient funds, expired cards, et cetera) to be rectified before the due date.

d. Additional fees may be payable for upgrades where manual work is required by Spin Design to process the upgrade request.

8.5. In relation to fees for downgrades to Service(s):

a. Downgrades will be processed when the request is received from the Customer, unless otherwise specified in the request.

b. An Account credit will be issued to the Customer’s Account for the difference of any prorated pre-paid amount minus the cost of the new plan prorated on the chosen cycle.

c. Additional fees may be payable for downgrades where manual work is required by Spin Design to process the downgrade request.

8.6. Fees for one-off Service(s) including, but not limited to, dedicated IP addresses, SSL certificates, SMS credits, instant data blocks and instant disk blocks, are due within seven (7) days of the invoice being issued.

8.7. All published prices are inclusive of any government taxes and charges unless otherwise noted.

8.8. Any unpaid invoices in the Customer’s Account must be paid in full before new Service(s) will be provisioned.

8.9. Failure to pay any fees may result in the account being referred to an external collection agency, which may include interest (calculated daily) and collection costs.

8.10. Service(s) with unpaid invoices that are more than seven (7) days past the due date will be automatically suspended, with full payment for all outstanding invoices required before the Service(s) can be reactivated.

8.11. Services with unpaid invoices that are not paid in full within fourteen (14) days of the due date will be automatically terminated. Restoration of terminated Service(s) is subject to Spin Design’s Terms of Service.

9. Payments by Credit Card

9.1. In the event a new Service is ordered by the Customer with payment via credit card, this credit card information may be stored against on the Customer’s Account and may be used for future automatic invoice payments.

9.2. Where a credit card number is stored on the Customer’s Account, this may be automatically used for the payment of due invoices. In such cases, payments will typically be taken three (3) days prior to the due date of the invoice