Terms and Conditions

 

Dependable Domains provides Web hosting, e-Commerce and other Internet-related services (the "Services") in accordance with this Services Agreement (the "Agreement") which contains the complete terms and conditions which govern your subscription to those services.

 

As used in this Agreement, "Dependable Domains" means the wholly owned subsidiary of Impavid Pty Ltd and "Client", "you", or "your" means you. As referred to in this Agreement, "Site" refers to a World Wide Web site and "Dependable Domains web site" refers to the Site located at the URL http://www.dependabledomains.com.au, or any other successor Sites owned or maintained by Dependable Domains.

 

1. Appropriate Use of The Service

Dependable Domains provides the Services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such Services.

 

Client Content

 

Client agrees that it will not distribute, electronically transmit or display any materials supplied by Client - or through Client by a third party - to any Dependable Domains server in connection with Client's use of the Services which:
· violate any state, federal or foreign laws or regulations
· infringe on any intellectual property rights (e.g. copyright, trademark, patent or other proprietary rights) of Dependable Domains or any third party
· are defamatory, slanderous or trade libelous, threatening or harassing content of any type
· file sharing music, software, video or pictures that contains copyright
· proxy server software (any type) used to hide users IP or cache content
· are discriminatory based on gender, race, age or promotes hate
· violate any Dependable Domains policy posted on the Dependable Domains web site including, but not limited to, our Acceptable Use Policy (includes Adult Content Policy), and Privacy Policy
· contain viruses or other computer programming defects which result in damage to Dependable Domains, it's servers or any third party

 

Disk Space/Data Transfer
 

The Client may occupy only the amount of disk space on the Dependable Domains Server and utilize no more than the network data transfer that is allocated by Dependable Domains. Additional fees will be charged for exceeding the disk space and/or network bandwidth allowance of your selected plan.

 

No "SPAM"
 

Client shall not use the Services for chain letters, junk mail, spamming, or any use of distribution lists to any person who has not given specific permission to be included in such a process. Client also shall not engage in any unsolicited email practices at Dependable Domains, or otherwise, that mentions or reference any domain hosted on Dependable Domains servers or parked on Dependable Domains DNS servers.
Note: this policy applies to all domains, names servers and parked domains hosted on our servers.

 

Licensed Software Only
 

Client agrees to use only properly licensed third party software in connection with Client's use of the Services.

 

Back-Up Files and Processing
 

Dependable Domains performs regular backups on all servers which can be restored in the case of a system failure; however, it is the Clients responsibility to use the Backup feature of their preferred control panel and keep their own copy.

 

Applications and Scripts
 

The client agree's that applications and scripts installed using Installatron or uploaded are the responsibilty of the client and must be kept up-to-date. Failure to do so may expose our servers to possible exploits and costs to restore services may be recovered from the client of the site initially affected.

 

Termination
 

Dependable Domains reserves the right to refuse service to anyone. Dependable Domains, in its sole discretion, may immediately terminate this Agreement if Client engages in any of the foregoing. To report any unacceptable behavior by a third party using the Services, please use the email link on the Contact page.

2. Payment Obligations

Service Fees

 

Dependable Domains shall produce an invoice which will be delivered to the Client by email with payment details for the Client's selected payment method. All new accounts must be paid prior to the new account becoming active on our servers.
On-going invoices will be issued thirty (30) days prior to the due date.
If Client terminates this Agreement in accordance with Section 4 hereunder, Client shall be responsible for any outstanding fees owed to Dependable Domains and agrees to pay any and all fees incurred by Client. Because the Services are provided on an annual basis, unless a contract is in place, Client will be responsible for Service fees incurred each year regardless of when Client provides notice of termination.

 

Late payments
 

A reminder will be issued four (4) days after the due date, with an additional overdue fee of $10.50 which will be payable on top of the original invoice amount.
The account will be automatically suspended eight (8) days after the due date, and a notice will be issued advising of the suspension. A reconnection fee of $22.00, in addition to the original invoice amount, will apply to have the service restored.
Accounts which are not paid in full within fourteen (14) days of the due date will be automatically deleted from our servers.
Customer also shall pay to Dependable Domains all expenses incurred by Dependable Domains in exercising any of its rights under this Agreement or applicable law with respect to a Payment Default or other breach by Customer, including, but not limited to, reasonable Solicitors fees and the fees of any collection agency retained by Dependable Domains.

 

Taxes
 

Customer will be responsible for and will pay in full, any taxes and similar fees now in force or enacted in the future imposed on the transaction and/or the delivery of Services.

 

Refunds
 

Web hosting customers of Dependable Domains are only eligible for refunds in the unlikely event, that:
a) it is not possible for Dependable Domains to continue to provide web hosting to the specifications advertised at the time of purchase, and
b) it is not possible for Dependable Domains to transfer the account to another web hosting provider offering equivalent web hosting specifications at no additional cost to the account holder.

3. Client Liability and Indemnification

The parties agree that in no event shall Dependable Domains be liable to any third party for Client's breach or alleged breach of any of the terms and conditions set forth in this Agreement. Client agrees to defend, indemnify and hold harmless Dependable Domains from any and all expenses, losses, liabilities, damages or third party claims resulting from Client's breach or alleged breach of any Client obligations set forth hereunder.

4. Term, Termination & Reinstatement

Subject to the terms and conditions hereof, this Agreement shall be effective on the date you register for the Services, and shall continue in effect on an annual basis unless otherwise specified by separate agreement (the "Term") unless terminated earlier pursuant to the provisions of this Section 4. Either party will have the right to terminate this Agreement upon notice to the other party. All cancellation requests must be received 5 working days before the date of termination. Sections 3 - 8 shall survive termination or expiration of this Agreement.

If Dependable Domains suspends a virtual account for non-payment, Client shall be allowed to re-instate Client's use of the Services within fourteen (14) days of cancellation upon approval from Dependable Domains and full payment of balances due.

If a Client terminates their account, Dependable Domains will disable the server/account the day the client specifies the account is cancelled. Dependable Domains will not maintain an archival copy of the Clients Web site or files. It is the responsibility of the Client to remove any data off the server prior to the date provided in their cancellation notice.
5. Taxes

Client will pay and indemnify and hold Dependable Domains harmless from any and all taxes associated with or arising from Client's use of the Services, including any penalties and interest and any costs associated with the collection or withholding thereof.

6. Disclaimer of Warranty

The services, the Dependable Domains web site, including without limitation, all products and services displayed or offered on the Dependable Domains web site, and all text, graphics, links and applications are provided to client on an 'as is' basis and without warranty of any kind. Dependable Domains disclaims all warranties, express or implied, with respect to each of the foregoing, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement or arising from a course of dealing. Without limiting the generality of the foregoing, Dependable Domains specifically disclaims any warranty that:

 

· the services will be uninterrupted or error-free
· defects will be corrected
· there are no viruses or other harmful components
· the security methods employed will be sufficient

7. Limitation of Liability

In no event shall Dependable Domains be liable for damages resulting from loss of data, profits, use of the Dependable Domains web site or any Dependable Domains products or services, or for any incidental, indirect, punitive, or consequential damages in connection with this agreement or in connection with any products or services provided hereunder. In no event shall Dependable Domains cumulative liability exceed an amount greater than one hundred dollars ($100.00).

8. Miscellaneous

Any notices or communication under this Agreement shall be in writing and shall be deemed delivered to the party receiving such communication on the email delivery date.

 

If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted. This Agreement (including the Exhibits, attachments and/or addenda, if any,) represents the entire agreement of the parties with respect of the subject matter hereof and supersedes all prior and/or contemporaneous agreements or understandings, written or oral between the parties with respect to the subject matter hereof.

 

This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by Client, but may be so transferred, assigned or delegated by Dependable Domains. Any waiver or any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right. In any legal proceeding between the parties under this Agreement, the prevailing party shall be entitled to recover its costs, expenses and reasonable attorneys' fees.

 

This Agreement is made under and shall be governed by the laws of Australia, except with regard to it's conflict of law rules. This Agreement and Dependable Domains's policies are subject to change by Dependable Domains without notice. Continued usage of the Services after a change to this Agreement by Dependable Domains or after a new policy is implemented and posted on the Dependable Domains web site constitutes your acceptance of such change or policy. We encourage you to regularly check the Dependable Domains web site for any changes or additions.