RESELLER TERMS & CONDITIONS
Effective 01/08/2016
Last Updated 30/07/2016
Revision 4.3
1.1. To be eligible for the Aus Net Servers Australia reseller program all applicants must:
A. Be an Australian registered business or company with an active ABN or ACN number;
B. The primary applicant / director must be over the age of 18 at the time of application;
C. Be an Australian Resident;
D.The primary applicant / director must not have been bankrupt in the last 7 years or be in the process of bankruptcy or liquidation;
E. Be fully insured against financial losses caused by defaulting customers
F. Have systems in place to support and maintain customers including troubleshooting technical issues with them;
G. Have an active website listing your products, along with contact details such as email address and phone number;
H. A once off non refundable membership application fee of $299 is charged to all members wanting to join the ANSA reseller program.
1.1 In these Conditions any reference to “we”, “our”, “ourselves” and “us” is a reference to Aus Net Servers Australia Pty Ltd and any reference to “you”, “your” and “yourself” is a reference to the Customer whether a company or individual. “Merchant” means a company advertising for resellers. “Reseller” means a company or individual interested in reselling on behalf of “merchants”. “Advertiser” means a company or organisation promoting themselves through our website, newsletters or emails. “Website” refers to www.ausnetservers.com.au. ”Conditions” means the standard terms and conditions set out in this document and (unless the context otherwise requires) any special terms and conditions agreed in writing between you and us. ”Customer Contract” means the contract between you and us for the sale and purchase of the Services, incorporating these Conditions. ”Order” means any order made by you for goods or services supplied by us.
2. APPLICABILITY OF CONDITIONS
2.1. These Conditions shall govern the Customer Contract to the exclusion of any terms or conditions which you purport to apply under any purchase order, confirmation of order, specification or other document and you waive any right which might have to rely on such terms or conditions.
2.2. No variation to these Conditions or any representation about the Services shall have effect unless expressly agreed in writing and signed by us.
2.3. Each Order by you for Services shall be deemed to be an offer by you to purchase Services subject to these Conditions.
2.4. No Order placed by you shall be deemed to be accepted by us until we agree in writing to provide the services or actually provide you with the Services.
3.1. The Customer Contract shall come into effect upon acceptance by checking the box adjacent to “I agree to the terms & conditions” on the Sign up page or upon receipt of a signed order.
3.2. The term of this contract for yourself shall either be 24 months from the time of application acceptance or the agreed contract term outlined in your welcome pack.
3.3. The contract term for resellers has an initial mandatory period of 24 months. After which the contract can be renewed each year for an indefinite period or until either party terminates this agreement in accordance with these terms and conditions.
3.4. We shall contact you at least 14 days before the term of your initial contract expires to notify you that your contract is about to expire. Should your contract expire or fail to be renewed we reserve the right to revoke your reseller rights and transfer all customers utilizing our services out from under your contract. Your contract will automatically expire on the expiration date and shall remain inactive until such time as you renew.
4.1. You agree to provide true and accurate personal and/or company details including but not limited to contact details.
4.2. Information you provide about your company is true and accurate.
4.3. If any information provided in your reseller account with us is found to be false, fraudulent or deliberately misleading we reserve the right to revoke your reseller status with us without notice or refund.
4.4. Your business is trading legally and that you have the appropriate rights and authority to act on on behalf of your business.
4.5. Resellers warrant that you will uphold any reseller agreements made and follow these reseller terms and conditions and will not bring Aus Net Servers Australia Pty Ltd into disrepute.
4.6. You agree to pay all invoices on time in accordance with these terms and conditions and acknowledge that failure to do so will result in your reseller status being revoked without notice until payment is received in full.
4.7. From time to time we conduct audits of all of our accounts, packages and clients under your reseller account. If in one of these audits it is reported that you have failed to uphold this reseller agreement and or breached these terms and conditions or failed to keep your account in good standing, we may contact you to investigate such a claim and reserve the right to revoke your reseller status and transfer ownership of clients utilizing our services away from you.
4.8. If you fail to remit payment or your payment is charged back more then 3 times in any given contract period, your reseller status will instantly be revoked and the agreement terminated.
5.1. We will take reasonable provisions to ensure that the website remains up and operable.
5.2. We will take reasonable provisions to ensure that our network and internet POI (Point of Interconnect) remains up and operable in accordance with our SLA (Service Layer Agreement).
5.3. We will do everything that we reasonably can to keep your personal data secure & confidential as per our privacy policy.
5.4. We will take reasonable measures to check and monitor on an ongoing basis the status of our resellers for validity and warrant that any reseller found to be false or fraudulent will be removed as quickly as possible and clients under this account will be transferred away accordingly .
5.5. Any product or service resold by us on our website shall be checked for quality, suitability and/or reliability before being offered on the website.
6. INTELLECTUAL PROPERTY RIGHTS
6.1. You acknowledge that we are the owner of our website and own or license all its content.
6.2. You acknowledge that the website and its content is protected by international copyright and intellectual property laws.
6.3. You acknowledge that all services resold by you are branded as Aus Net Servers Australia Pty Ltd services.
6.4. You agree not to replicate, reproduce, distribute, sell or use the content of this site for any other commercial purpose outside the parameters of these terms and conditions unless expressly agreed by us in writing.
7.1. Whilst we endeavour to ensure that the content of this site is genuine and accurate we shall not be liable for any inaccuracies or misrepresentations whether made by us or a third party.
7.2. We shall not be liable in any way for any consequential loss as a result of the website being unavailable or malfunctioning.
7.3. We shall not be liable in any way in the highly unlikely event that data we hold becomes corrupt, lost or stolen.
7.4. You acknowledge and agree that any agreements made between resellers and merchants are excluded from these terms and conditions and we shall not be liable for any loss of any kind resulting from such agreements.
7.5. We shall not be liable for any consequential loss resulting from a third party product or service sold directly or indirectly through our website.
8. GENERAL / MISCELLANEOUS
8.1. 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
9.1. 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.
9.2. 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.
9.3. The client agrees not to abuse any staff member under any circumstances. Abusing a staff member will result in service termination without warning 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.
9.4. Clients who abuse the network capacity / resources of the Aus Net Servers Australia 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 Australia Federal Police (AFP) and be forced to pay for the data that their service consumed in such illegal activities.
9.5. Aus Net Servers Australia’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 offense will result in service termination with penalty as set out in the terms of service.
9.6. Aus Net Servers Australia forbids its clients and users to use our network for unacceptable behaviour. Examples of unacceptable behaviour, content or links include: pirated software, hacker programs or archives, Warez sites, MP3, and IRC bots, Denial of Service Attack, Hack, and any other 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; distribution of viruses. Committing such offense will result in service termination with penalty as set out in the terms of service.
10.1.You may at any time during the term of this contract revoke your reseller membership account with us at no extra cost by sending us a written request by email, post or fax.
10.2. Should you choose to revoke your reseller membership for any reason no refund shall be payable.
10.3. We reserve the right to revoke your membership without notice or refund in the event that you breach any of the particulars that form these terms and conditions.
11.1. 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
12.1. 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.
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