Terms and Conditions
The I.T Group (ITG Internet) Pty Limited ACN 105 313 782
These are the standard terms and conditions of supply of the ITG Internet products and services offered from time to time on the ITG Internet web site at http://www.itginternet.net.au ("the Service"). These terms apply to you as a user of the Service ("Customer" or "you"). By signing the "ITG Internet Application Form" (form), connecting to The I.T. Group Pty. Ltd (ITG) or, verbally authorising ITG, you are agreeing to the terms and conditions set out in this document. Please read these terms and conditions carefully. Further terms and conditions pertaining to our 'cyberlink' voice products are available for perusal here. Further terms and conditions pertaining to our 'dataguard' off-line backup productss are available for perusal here.
1. Terms and Amendment Procedure
1.1 These are the terms upon which ITG Internet ("we") agree to provide the Service to the Customer. In addition to these terms, you must also comply with:
Any conditions contained in the notes to the product description for products or services you acquire;
Our Acceptable Use Policy (see below)
Our Privacy Policy
1.2 The agreement made between us on these terms commences on the date listed in your account Control panel when your order for Services was accepted by ITG Internet, by voice (including telephone), writing, facsimile, online via our 'signup portal' or any other communication to ITG Internet.
1.3 We may vary these terms, the amount we charge for any Service, or the terms of the operation of the Service, at any time by notice via your account Control panel, by email or in writing. The changes will become effective upon publication of the notice. Where we vary the prices for Services, we will give at least 14 days notice of the change by the same means, and the new prices will apply at the end of that period. If you use the Service after that publication, your use will constitute an acceptance of the amended terms.
1.4 These terms constitute the agreement in its entirety and supersede prior agreements.
2. Service
2.1 We will assign the Customer a logon name ("login") and password which will provide you with access to the Account Control Panel (which is used by you to configure various features of your service). We will provide the Customer with Web and Email Services as per the level of product(s) you have selected in the Account Control Panel.
2.2 We must perform scheduled maintenance to servers from time to time. We will attempt to perform all scheduled maintenance at times which will affect the fewest customers. If scheduled maintenance requires the service to be offline for more than 30 minutes we will email details of the scheduled maintenance at least 48 hours in advance of the maintenance.
2.3 We may need to perform unscheduled maintenance. If unscheduled maintenance requires the Service to be offline for more than 30 minutes, we will email details after the maintenance has been completed.
2.4 We will archive your data onto backup mechanisms on a regular basis for the purposes of disaster recovery. In the event of equipment failure or data corruption, we will restore from the last known good archive. In the event of corruption of all of our archives, or in the event that an old archive is used to restore data, you should be prepared to upload your data to your web site. You must maintain a recent copy of your data at your premises at all times. We will not be liable for incomplete, out-of-date, corrupt or otherwise deficient Customer data recovered from our backups.
2.5 You agree to ITG Internet's use of spam and virus filters which may require us to use third party equipment or services to monitor and filter email traffic between our equipment and the Internet. You agree that we will not be liable for any loss or damage resulting from the use of spam or virus filters.
2.6 The Service is provided by ITG Internet from its data centres in Australia. ITG Internet will determine in its absolute discretion from time to time the data centre location from which your Service is provided. ITG Internet reserves the right to migrate your web site to a new operating system platform if our operating system supplier ceases to provide support for the legacy operating system, or if the server from which the service is provided fails or, in ITG Internet's opinion becomes unreliable. ITG Internet will use reasonable endeavours to notify you via the contact details in our database but does not take any responsibility for web site failure if you have failed to keep your contact details up-to-date or if you have not checked the operation of your web site post-migration and notified us of any required changes to the web site configuration.
2.7 In contracting with ITG Internet for Services, the Customer obtains no rights to the hardware and other infrastructure and facilities used by ITG Internet to deliver the Service.
3. Payment
3.1 You must pay for the Service as notified to you by ITG Internet in accordance with ITG Internet's published prices for Services from time to time. If you have chosen a yearly contract for your Service, your account will be automatically rolled over for a further yearly contract at the end of the term. You must give us notice before the end of the term if you wish to cancel or alter your Service. If you elect to pay your fees on a yearly basis, and fail to make payment within 30 days of invoice, you will not be entitled to receive the yearly fee discount.
3.2 You must pay all Service charges, traffic and/or storage charges and other amounts incurred by you or any designated users or incurred as a result of any use of your password (whether authorised or not) in accordance with the billing option selected and in advance. Where a billing option does not specify otherwise, all Service charges are payable within 14 days of the date of invoice (whether online or paper invoice).
3.3 Prices published on our web site are exclusive of any government taxes or charges unless otherwise noted, and exclusive of any registration or delegation charges imposed by domain name authorities.
3.4 In addition you must provide and pay for:
the installation and use of telephone lines and all other equipment needed to access the Service; and
all government taxes, duties and levies (if any) imposed on either you or us in respect of the Services or any other service or goods supplied.
3.5 You must pay all amounts billed in accordance with your billing option. No credit terms are given to credit card accounts. Upon registration of a credit card account, you give us authorisation to debit your credit card for all charges. Billing period is on a monthly cycle beginning when you register.
3.6 You consent to us obtaining a credit reporting agency report containing personal information about you (as well as information concerning commercial creditworthiness and activities) for the purpose of assessment by us of an application for credit (whether commercial or personal) or for the purpose of the collection of payments which are overdue.
3.7 You agree that you will be charged an account keeping fee of AU$3.50 per month. The account keeping fee will not be charged if you elect to make payment by auto debit credit card. The account keeping fee will be charged per customer account identified with a unique 'login' number. If a customer has multiple accounts with ITG Internet, the account keeping fee will be charged on each account for which monthly invoices are issued.
3.8 No refunds will be given for unused portions of payments in advance (including payment of yearly contracts) unless the account has been terminated due to ITG Internet's breach of these terms and conditions. Yearly contracts which have been automatically rolled over in accordance with clause 3.1 will only be refundable if notice of cancellation is given prior to the beginning of the rollover term.
4. Customer Warranties and Indemnities
4.1 You warrant that:
if you are not the Customer, you have the power and authority to enter into this agreement on behalf of the Customer and will indemnify ITG Internet for any breach of this agreement by the Customer;
at the time of entering into this agreement you are not relying on any representation made by us which has not been stated expressly in this agreement, or on any descriptions or specifications contained in any other document, including any catalogues or publicity material which we have produced;
you will conduct such tests and computer virus scanning as may be necessary to ensure that data uploaded by you onto or downloaded by you from the Server does not contain any computer virus and will not in any way, corrupt the data or systems of any person;
you will keep secure any passwords used with the Service; and,
you hold and will continue to hold the copyright in the Customer Data or that you are licensed and will continue to be licensed to use the Customer Data.
4.2 You are solely responsible for dealing with persons who access the Customer Data, and must not refer complaints or inquiries in relation to such data to us.
4.3 You indemnify us against all costs, expenses, loss or liability that we may suffer (directly or indirectly) resulting from:
your breach of these terms; your use or misuse of the Service; the use or misuse of the Service by any person using your account; and, publication of defamatory, offensive or otherwise unlawful material on any web site forming part of your service.
4.4 If your use of our Services involves storage, processing or transmission of or access to any credit cardholder data, you warrant that the tools, programmes, processes and technologies you use to do so comply with the Payment Card Industry Data Security Standard ("PCI Standard") which is available at the following URLs: http://www.visa.com.au/secured/includes/AP-PCI_Data_Security_Standard_1_0.pdf and https://sdp.mastercardintl.com/pdf/pcd_manual.pdf. You indemnify ITG Internet for any loss, damage, costs, claims and expenses which ITG Internet may incur flowing from your breach of this warranty. If you breach this warranty, ITG Internet may terminate this agreement immediately upon written notice to you (which may be delivered by email to the person identified in Mission Control as your authorised contact, or by logged job), and without prejudice to any other rights it may have under this agreement or at law.
5. ITG Internet's Warranties and Liabilities
5.1 We accept liability for the supply of the Services but only to the extent provided in this clause 5.
5.2 We do not warrant that:
the services provided under this agreement will be uninterrupted or error free;
the services will meet your requirements, other than as expressly set out in this agreement; or
the Services will be free from external intruders (hackers), virus or worm attack, denial of service attack, or other persons having unauthorised access to the services or systems of ITG Internet.
5.3 Where the Customer is a Consumer (as that word is defined by the Trade Practices Act), we accept liability where: the Service is not supplied with due care and skill; any material supplied in connection with the Service is not reasonably fit for the purpose for which it was supplied; and we are otherwise required to do so by the Trade Practices Act.
5.4 To the extent that the Service is not of a kind ordinarily acquired for personal, domestic or household use, our liability is limited to, at our option, to the resupply of the services again; or payment of the cost of having the services supplied again.
5.5 Except as expressly provided to the contrary in this agreement, we exclude all liability for indirect and consequential loss or damage of any kind, loss or corruption of data, loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind, in contract, tort (including negligence), under any statute or otherwise arising from or relating in any way to this agreement and/or its subject matter.
5.6 Other than liability accepted by us in clause 5.3, our total liability for loss or damage of any kind not excluded by clause 5.5, however caused, in contract, tort (including negligence), under any statute or otherwise arising from or relating in any way to this agreement is limited in aggregate for any and all claims to $10.
6. Suspension and Termination of Service
6.1 We may from time to time without notice suspend the Service or disconnect or deny your access to the Service:
during any technical failure, modification or maintenance involved in the Service provided that we will use reasonable endeavours to procure the resumption of the Services as soon as reasonably practicable; or
if you fail to comply with any provision in this agreement (including failure to pay charges due), or do, or allow to be done, anything which in our opinion may have the effect of jeopardising the operation of the Service, until the breach (if capable of remedy) is remedied.
Notwithstanding any suspension of any Service under this clause you shall remain liable for all charges due throughout the period of suspension.
6.2 If your account has been suspended or terminated due to your breach, reactivation of your account will be completely at our discretion. If we agree to reactivate your account, we will require:
payment in full of all outstanding amounts; and
payment of a reactivation fee.
6.3 ITG Internet reserves the right to refuse to supply services to a potential customer who has previously had its account with ITG Internet terminated for breach. In this clause, "potential customer" includes:
(if the potential customer is a corporation) its Related Entity or Related Party (as those phrases are defined in the Corporations Law); and
(if the potential customer is an individual) any corporation in which the potential customer was at the relevant time an officer or shareholder, or a Related Party of a shareholder.
6.4 ITG Internet may without notice to you remove, amend or alter your data upon being made aware of:
any claim or allegation; or
any court order, judgment, determination or other finding of a court or other competent body, that the data is illegal, defamatory, offensive or in breach of a third party's rights.
6.5 We may end our agreement with you and cease providing Services for any reason, on 30 days written notice to you or immediately at our discretion. You may close your account with ITG Internet on 30 days written notice to ITG Internet.
6.55 We reserve the right to terminate your account (s) and/or agreements on firm verbal advice directly from the client account holder. In the case of 6.55 and as per else in our Terms, no refunds will not be provided.
6.6 If your account is closed you must pay all outstanding charges immediately and we may delete all Customer Data from any storage media. If your account is closed within six (6) months of initial sign up with ITG Internet, you will be charged a 'Termination Fee'.
6.7 We are under no obligation to provide you with a copy of the Customer Data if we have suspended or terminated your access to the Service for your breach. If we provide you with a copy of Customer Data, we are entitled to charge a fee for service.
6.8 We reserve all rights as the owners of Intellectual property pertaining to any and all Internet Websites (websites) created (or subsequently maintained) by ITG Internet (The I.T Group Pty Ltd).
6.9 If you (or your authorised agent) changes any DNS Records or in any way alters the Domain Name Resolution pertaining to an ITG Internet created Internet Web Site (Website), then we may - at our discresion terminate your account. Further, all Website work (including but not limited to) images, designs, text, forms, links will become null and void.
7.0 Notwithstanding 6.9, the customer may request and we will consider (at our discretion) copies of Website work - however, in each and every case a fee for services will apply - the amount of which will remain at the discretion of The I.T Group Pty Ltd.
7. Domain Names
7.1 If you have requested that ITG Internet register, renew or redelegate a .com, .net, .org, .biz, or .info domain name (TLDs or Top Level Domains) on your behalf, you agree that you have read and accept the TLD Policy applicable to .com, .net, .org, .biz and .info domain names issued by our registrars, MelbourneIT Limited and NetSol.
7.2 You agree that in the event of a dispute about a TLD, you will submit to and are bound by the Uniform Domain Name Dispute Resolution Policy (UDNDRP) and the Rules for UDNDRP.
7.3 If you have requested that ITG Internet register, renew or redelegate a .com.au, .id.au, .net.au or .org.au domain name (2LDs or Second Level Domains) on your behalf, you agree that you have read and accept the published policies applicable to 2LDs issued by the registrar, MelbourneIT.
7.4 You agree that in the event of a dispute in registering a 2LD or about a 2LD after registration, you will submit to and are bound by the .au Dispute Resolution Policy (auDRP) and any variations to it from time to time bind ITG Internet.
7.5 In registering, renewing or redelegating a domain on your behalf, ITG Internet is acting as a reseller of the registrars, MelbourneIT and NetSol.
7.6 You agree that by maintaining the registration of a domain name after changes or modifications to the applicable policies become effective, you are confirming your continued acceptance of these changes and modifications.
7.7 ITG Internet makes no representation and gives no warranty about your chosen domain name being available for registration, renewal, redelegation or use by you.
7.8 In respect of 2LDs, you acknowledge that ITG Internet is not able to renew your domain name and is not liable for any loss or damage resulting from non-renewal of your domain name if you do not provide any warranty required and confirm to us that the domain name should be renewed.
7.9 You acknowledge that ITG Internet's primary method of communication for domain renewal purposes is via email. ITG Internet will not be held responsible for the non-renewal of your domain name if your email contact details are not kept up to date.
7.10 ITG Internet may NOT renew your domain name where you have unpaid invoices or if you are in breach of any terms of your use of ITG Internet's services.
7.11 You expressly authorise and direct ITG Internet, if ITG Internet is able to do so, to:
(a) be nominated as authorised billing contact for your domain name with the domain name registrar; and
(b) subject to receipt of your confirmation in respect of 2LDs, renew your domain name registration upon receipt of renewal notification from the domain name registrar and invoice you for the relevant charge in accordance with ITG Internet's list price from time to time.
7.12 If you close your account with ITG Internet but do not remove ITG Internet as the reseller of your domain name with the domain name registrar, you agree that we may contact you after account closure to remind you of domain name renewals and to provide marketing material in respect of our services.
7.13 You indemnify ITG Internet against all claims arising out of your registration and use and renewal of registration of your chosen domain name, unless and to the extent that the claim arises out of ITG Internet's breach of this contract, or its negligent act or omission.
8. Miscellaneous
8.1 The Customer grants to ITG Internet a license to use and reproduce all Customer Data in order to fulfil its obligations under this agreement. In this agreement "Customer Data" means all information, data, text, logos, images, audio, movie clips and/or content in any form that forms part of the Customer's web sites or emails.
8.2 A provision of, or a right created under this agreement, may not be waived except in writing signed by the party granting the waiver, or varied except in writing signed by the parties.
8.3 The law in force in Queensland governs this agreement and the transactions contemplated by this agreement.
8.4 You may not resell Services or assign your rights and obligations under this agreement without our prior written consent.
Acceptable Use Policy
This policy ensures that you get to enjoy trouble-free use of our services - and that you pay due regard to the law and the rights of our other members and the ITG Internet Staff.
General Usage Guidelines
This is ITG Internet's Acceptable Use Policy. It applies to you if you are an ITG Internet member or user ("you"). It is intended to ensure that your use of ITG Internet's service is trouble-free and that you have due regard to the law and the needs of other users.
Please read it carefully. It is a condition of your use of our service that you comply with the terms of this Policy.
Please look out for any amendments to the Policy that ITG Internet ("we") might make in the future. From time to time we will make amendments to it by giving you notice of the change and you will then be obliged to comply with the policy as amended.
1 Some General Principles
1.1 ITG Internet is not responsible for the content of user-originated traffic
We exercise no direct supervision or control whatsoever over the content of the information passing through our network.
We do not assume any responsibility for information not sent or authorised by us.
The responsibility for traffic that does not conform with this policy and all possible consequences lie with the sender of the traffic.
1.2 You are responsible for use of your account
If you permit others to use our service, you are responsible for making users of the service aware of this policy and obtaining compliance of your users with this policy.
1.3 You are responsible for complying with conditions of use of other networks
If we provide you with access to a network outside our service, you must comply with any acceptable use conditions which apply to that network.
2. Acceptable uses
2.1 You have responsibilities
use our service and services in a manner which does not violate any applicable laws or regulations;
respect the conventions of the newsgroups, lists and networks that you use;
respect the legal protection afforded by copyright, trade marks, license rights and other laws to materials accessible via our service;
respect the privacy of others; use the service in a manner which does not interfere with or disrupt other network users, services or equipment; and
refrain from acts that waste resources or prevent other users from receiving the full benefit of our services.
2.2 Use must be ethical
Your use of our services should be ethical and in accordance with accepted community standards.
3. Unacceptable uses
3.1 You must comply with the Law
It is not acceptable to use our service for any purpose which violates local, State, Federal or international laws.
3.2 Specific kinds of use are not allowed
violate copyright or other intellectual property rights;
illegally store, use or distribute software;
transmit threatening, obscene or offensive materials;
engage in electronic 'stalking' or other forms of harassment such as using abusive or aggressive language;
misrepresent or defame others;
commit fraud;
gain unauthorised access to any computing, information, or communications devices or resources, including but not limited to any machines accessible via the Internet;
damage, modify or destroy the files, data, passwords, devices or resources of ITG Internet, other users or third parties;
engage in misleading or deceptive on-line marketing practices;
conduct any business or activity or solicit the performance of any activity that is prohibited by law;
make an unauthorised transmission of confidential information or material protected by trade secrets; or
attempt to do any of these things.
3.3 Disruption of the network is not allowed
distribute messages to inappropriate or unrelated forums, newsgroups or mailing lists ('spamming');
send unsolicited commercial messages;
propagate computer worms, viruses and other types of malicious programs;
make transmissions of any type or quantity which adversely affect our operation or jeopardise the use of our service, or its performance for other members; and
harass or impersonate ITG Internet or other users.
3.4 Soliciting members to other services is not allowed
It is also not acceptable to use our service to solicit members to become members of other competitive information services.
3.5 Resale of our services is not allowed
Resale of our services to others is strictly forbidden under all circumstances.
3.6 Abusive Behaviour
Any client and/or customer complaints to ITG that are deemed in our opinion to be threatening, abusive, racially discriminating or offensive in anyway will be referred to the Police for further action. It will also (at our discression) involve immediate termination of your account (s) without refund as described elsewhere in our Terms.
4. What we may do to ensure that this Policy is being followed
4.1 We may monitor your account but will respect your privacy
If we have cause, we may monitor the conduct of your account to determine whether this policy is being followed. If we monitor the conduct of your account we will safeguard your privacy unless to do so would involve us in concealment of a criminal offence or inhibit the enforcement of this policy.
4.2 We will make an effort to contact you
If we become concerned that your use of our service may break the law or that you have not complied with this policy, we will attempt to contact you before taking action.
4.3 We may terminate your account and/or notify the authorities
If we believe that your use of the service may break the law or that you have not complied with this policy we may:
warn you by email;
suspend your access to the service;
terminate your account without notice; and/or
notify and provide relevant information to the authorities, as appears appropriate in the circumstances.
4.4
In the event of taking action under 4.3 we reserve the right to delete any or all of your information, material, software or other content stored on our system in our sole discretion.
4.5
We will re-establish services if resolution is achieved. If you do not repeatedly breach this policy; if we do not regard an instance of conduct causing our intervention as dangerous or serious; and if the cause of our intervention is addressed and resolved, we will promptly re-establish your service.
Copyright The I.T Group Pty Ltd (ITG Interne). Version last updated 14th June 2006.
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