This website is owned and operated by WEB X HOSTING (“WEB X HOSTING ”, “COMPANY”, “WE”, “US”) (ABN: 89 615 235 660) whose registered business address is:, Level 1, 7 Export Road, Craigiebum VIC 3064
WEB X HOSTING agrees to provide our customer (“SUBSCRIBER”, “CUSTOMER”, “YOU”) products and services (“PRODUCT” or “SERVICE”) subject to the following terms of service.
Use of WEB X HOSTING PRODUCTS or SERVICES constitutes acceptance of these terms of service (“TOS”) and WEB X HOSTING s Acceptable Use Policy (“AUP”) which is available to view online by Both the TOS and AUP may be changed from time to time at the discretion of the COMPANY and YOU are encouraged to check the relevant web pages to keep up to date with those changes. Changes made to the TOS and/or AUP shall not be grounds for early contract termination or non-payment by YOU.
This agreement shall be effective from this date and shall run continually until written notice of cancellation is provided by either party to the other.
All software, hardware, IP addresses and other assets are leased to the CUSTOMER by Web X Hosting and remain the property of WEB X HOSTING or its suppliers. WEB X HOSTING reserves the right to change the network infrastructure, software, hardware, IP addresses or other components at its sole discretion.
CUSTOMERS will provide software, data and content by uploading such items to the server(s) which will then be accessed and consumed by the general public via the Internet. Upon cancellation, CUSTOMER agrees to remove all uploaded software, data and content from the server(s) prior to the termination date of this agreement. Web X Hosting will not be responsible for providing access to or copies of any software, data or content stored on the server(s) after the termination date of this agreement.
Registered members of any affiliate program will receive commission of not more than 10 (ten) percent of the price of an order exclusive of GST, and will continue to receive the same commission amount at each of their customers’ renewal anniversaries while that customer’s account is active. Commission payments will cease if the referred customer cancels their account.
Commissions due to affiliate members will be paid on a monthly basis. Payments will not be made if the commission balance is less than 100 (one hundred) Australian Dollars but will be rolled over to the following month until such time as the balance is at least one hundred Dollars. The maximum pay-out to an affiliate in any one month will be 1000 (one thousand) Australian Dollars. Where an affiliates commission is greater than one thousand Dollar, it will be paid at one thousand Dollars or part thereof each month until the total commission has been paid out
WEB X HOSTING maintains full server backups images to be restored in the event of an WEB X HOSTING system failure. In the event of a system failure, WEB X HOSTING will restore the most recent available, known-good backup to ensure system stability. WEB X HOSTING makes no guarantee as to the date of such a backup and such backups are not for use by CUSTOMERS. It is the CUSTOMER’S responsibility to maintain their own backup copy of all data that is on their server(s) at all times. CUSTOMERS can request access to the backups held, but access will be granted at WEB X HOSTING sole discretion subject to availability and will be subject to a service fee as detailed in the table of charges
The following charges shall apply as the conditions for those charges are met. Charges will be multiplied as applicable should such charges become necessary on more than one occasion in a single billing period
|Late payment fee||Minimum $5 or 10% from the total, whichever is higher|
|Dishonoured or declined payment fee||$30.00|
|Erroneous chargeback dispute fee||$35.00|
|Suspended account re-activation fee||$30.00|
|Restore from EXPEED backup archive (per hour)||$100.00|
|Labour charges during office hours (per hour)||$100.00|
|Labour charges outside office hours (per hour)||$200.00|
|Excess Disk Space Usage charge (per GB/Month)||$30.00|
|Excess Bandwidth Usage charge (per GB/Month)||$3.00|
The remedies set forth in this paragraph are the CUSTOMER’S sole and exclusive remedies should WEB X HOSTING breach the above express warranty or otherwise fail to perform its obligation under this Agreement, be negligent or in breach of legal duty
All parties acknowledge and agree that WEB X HOSTING shall not be held liable for any consequential damages, including without limitation loss of use or loss of profits, incurred by CUSTOMER, CUSTOMER’S customer or its subsidiaries or successors, regardless of whether such damages are sustained based upon an alleged bread of contract, negligent act, or omission
WEB X HOSTING is not responsible for data or content maintained and distributed by web x hosting the services are provided on an “as is” basis and customer’s use of the services is at its own risk. WEB X HOSTING does not make, and hereby disclaims, any and all other express and/or implied warranties including, but not limited to, warranties of merchantabilty, fitness for a particular purpose, noninfringement and title, and any warranties arising from a course of dealing, usage, or trade practice. expreed does not warrant that the services will be uninterrupted, error-free or completely secure