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GENERAL TERMS & CONDITIONS
Last Updated 28/12/2018
Effective 01/01/2019
Revision 4.9

1. HELPDESK & SUPPORT

1.1. Support with Aus Net Servers Australia Pty Ltd is provided on a first come first served basis, except where you, the client are a business, enterprise or wholesale customer, where by your support requests are prioritized.

1.2. Support is delivered by Telephone on 1300 933 038 (option 2) during business hours and Support Ticket (24/7 365 Days) via our website or email (24/7 365 Days).

1.3. Our Network operations centre is available via email (noc@ausnetservers.com.au) and via telephone (1300 990 293) 24/7/365 days a year 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. Please ensure you have a support ticket open prior to contacting a member of this department.

1.4. All service modifications and upgrades must be lodged through our online ticketing system or via telephone support. Please note that we do not accept service modification requests via any other means and as such all requests will be ignored for privacy and security purposes.

1.5. Please review our Support SLA Agreement on our website for further information.

1.6. Please review our Service SLA Agreement on our website for further information.

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 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.

2.4. 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.

2.5. 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 above.

2.6. 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 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 instantly suspended and later terminated (after management review) if the payment is declined, charged back or disputed and early termination fees may apply depending on the service.

3.3. Lodging a charge-back through your financial institution or Pay-Pal will result in an instant charge of $132.00 being applied to your account which complies with an administration fee of $33.00 and a charge back fee.

3.4. When an account is more then 5 days over due; payment has not been made; a payment arrangement or Promise to pay (POP) has not been entered into; or service is suspended then a $66.00 administration fee is added to the invoice. This account charge must be paid by the customer prior to service re-activation.

3.5. Where service payments are not made and no payment arrangement is put in place within 24 hours of the due date your service will be suspended. If your account still remains outstanding after 5 days your service will be terminated and the account send to our collections agency

3.6. Where a client is paying Aus Net Servers Australia by Credit Card, the client gives Aus Net Servers Australia Pty Ltd permission to attempt payment capture at midnight of the service due date (unless payment has already been made for the due invoice.

3.7. Aus Net Servers Australia 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

3.8. 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

3.9. 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

4. DEBT COLLECTION

4.1. Aus Net Servers Australia Pty Ltd reserves the right to charge 20% 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, Aus Net Servers Australia Pty Ltd reserves the right to release your personal information in accordance with our privacy policy

4.3. If Aus Net Servers Australia Pty Ltd is unable to make contact you the client to clear the account balance via email, phone or text message then Aus Net Servers Australia Pty Ltd 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 credit cannot be withdrawn from your account at any point in time. All credit that is on the account will stay on the account until used by a fee or service

4.5. Where collection proceedings fail, Aus Net Servers Australia Pty Ltd reserves the right to lodge the debt owing against the client’s name as a bad credit mark. 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 cross matching systems to detect such activities and if a client is caught doing this they risk instant service termination with penalty

5.2. Aus Net Servers Australia 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 day’s notice to terminate their ANSA services the following applicable terms will apply:

  1. The client will be billed a full months renewal of their services or part there of if applicable contract has expired;
  2. The client will be billed an administration fee of $66.00AUD;
  3. The client will be responsible for paying out the remainder of a contract;
  4. The client may be bill for late fees and charges;
  5. The client will be billed a $99.00 network termination fee excluding the following services:

5A. Web Hosting
5B. DNS Hosting
5C. Stream Media Hosting
5D. Business ICT
5E. Email Hosting
5F. TeamSpeak3 Hosting

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, Aus Net Servers Australia are obliged to disconnect any service that may be participating in illegal activities if we receive documented proof that your service(s) have been committing such an attack on an external resource that matches the data packets on your port.

5.6. When a server is found to be excessively using the resources available, Aus Net Servers Australia 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 Aus Net Servers Australia reactivate the server with additional resources for an additional fee.

5.7. As we run our own domain name registry any name server change requests for any domain name hosted by Aus Net Servers Australia must be put in writing and addressed to the Network Operations Centre at least 48 hours prior to the changes been undertaken to ensure relevant changes are made on our end to prevent any outages to your website.

6. Account Security

6.1. Aus Net Servers Australia Pty Ltd 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 are found to be doing so your access to your account and applicable services may be suspended.

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. Aus Net Servers Australia Pty Ltd 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 a court order.

7. Payment Gateway Processing Fees

7.1. When using a credit card with Aus Net Servers Australia, a processing fee of 3.90% of the total amount (inclusive of GST) + 0.30 cents per transaction

7.2. When using a PayPal account with Aus Net Servers Australia, a processing fee of 3% + 0.30 (inclsuive of GST) per transaction will apply

7.3. When using a our direct debit with Aus Net Servers Australia the following conditions apply:

  1. You give Debit Success permission to debit your bank account on behalf of Aus Net Servers Australia Pty Ltd.
  2. You acknowledge that personal information needs to be provided to Debit Success to be able to process the payments in accordance with our terms of service.
  3.  A monthly fee of $5.50 will apply per transaction.
  4. A once off establishment fee of $66.00 will apply for each new client loaded into the system.
  5. In the event of a payment failure or be reversal a dishonour and administration fee of $99.00 (inclusive of GST) will be applied to your next invoice.

8. CREDIT REPORTING

8.1 Where required to by law, Aus Net Servers Australia Pty Ltd “Aus Net Servers” may use a credit reporting agencies such as DnB (Dun & Bradstreet) or Creditor Watch for the purpose of:

  1. Preforming credit history checks before delivering contracted internet and or other hosting services, in accordance with our Pricacy Policy and any relevant Australian Local, State and Federal laws.
  2. The Lodgements of credit defaults against you or your business if your account remains unpaid and debt collection has been exhausted.

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.