The use of services from Netwizard Web Design and Hosting P/L [hereafter referred to as “Netwizard”] constitutes agreement to these terms.

Account Setup / Email on file

We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. If you ask us to register the domain over the phone or in person we may register your domain in a Netwizard holding account, this does not mean we own the domain, it simply saves time. If you need the domain registrant changed at any time there will be a charge imposed. It is your responsibility to ensure the email address on file is current or up to date at all times. If you have a domain name registered with Netwizard, it is your responsibility to ensure that the contact information for your domain account and your actual domain name(s) is correct and up-to-date. Netwizard is not responsible for a lapsed registration due to outdated contact information being associated with the domain. If you need to verify or change this information, you should contact our sales team via email. Providing false contact information of any kind may result in the termination of your account.

Ownership

The credit card holder or owner of the PayPal e-mail address which is utilized for payment on the account is designated as the authorized owner of the account.

Transfers

Our transfers team will make every effort to help you move your site to us. However, transfers are provided as a courtesy service, and we cannot make guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult if not impossible to migrate some or all account data. We will try our best, but in some cases we may be unable to assist you in a transfer of data from an old host.

The free transfer services are available for 30 days from your sign up date. Transfers outside of the 30 day free period will incur a charge; please contact a member of the transfers department with specific details to receive a price quote.

Third Party Providers

All transactions with third party providers are solely between the visitor and the individual provider. Netwizard is not the agent, representative, trustee or fiduciary of you or the third party provider in any transaction.>

All discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third party provider. All transactions with third party providers are subject to the terms and conditions under which the provider agrees with you to provide the goods or services. You should confirm the terms of any purchase and/or use of goods or services with the specific provider with whom you are dealing.

We do not make any representations or warranties regarding, and are not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with these providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers.

Content

All services provided by Netwizard may only be used for lawful purposes. The laws of the State of Victoria, the State of New South Wales, and the Commonwealth of Australia apply.

The customer agrees to indemnify and hold harmless Netwizard from any claims resulting from the use of our services.

Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of another’s copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. If you believe that your copyright or trademark is being infringed upon, please email abuse@netwizardhosting.com.au with the information required. If the request is of a licensing issue, we may require further documentation.

Using a shared account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account. Please do not take backups of your backups.

Examples of unacceptable material on all Shared and Reseller servers include:

• Topsites
• IRC Scripts/Bots
• Proxy Scripts/Anonymizers
• Pirated Software/Warez
• Image Hosting Scripts (similar to Photobucket or Tinypic)
• AutoSurf/PTC/PTS/PPC sites
• IP Scanners
• Bruteforce Programs/Scripts/Applications
• Mail Bombers/Spam Scripts
• Banner-Ad services (commercial banner ad rotation)
• File Dump/Mirror Scripts (similar to rapidshare)
• Commercial Audio Streaming (more than one or two streams)
• Escrow/Bank Debentures
• High-Yield Interest Programs (HYIP) or Related Sites
• Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
• Sale of any controlled substance without prior proof of appropriate permit(s)
• Prime Banks Programs
• Lottery/Gambling Sites
• MUDs/RPGs/PBBGs
• Hacker focused sites/archives/programs
• Sites promoting illegal activities
• Forums and/or websites that distribute or link to warez/pirated/illegal content
• Bank Debentures/Bank Debenture Trading Programs
• Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
• Push button mail scripts
• Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)
• Tell A Friend Scripts
• Anonymous or Bulk SMS Gateways

Netwizard, including all related equipment, networks and network devices are provided only for authorized customer use. Netwizard systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of Netwizard system(s) constitutes consent to monitoring for these purposes.

Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control must be with expressed written consent from the third party. Netwizard may, at its discretion, request and require documentation to prove access to a third party network or system is authorized.

We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.

Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via trouble ticket/email and will have a response within 48 hours.

Sites hosted on Netwizardhosting.com.au service(s) are regulated only by Australian law. Given this fact, and pursuant to Section 230(c) of the Communications Decency Act, we do not remove allegedly defamatory material from domains hosted on our service(s). The only exception to this rule is if the material has been found to be defamatory by a court, as evidenced by a court order. Netwizardhosting.com.au is not in a position to investigate and validate or invalidate the veracity of individual defamation claims, which is why we rely on the legal system and courts to determine whether or not material is indeed considered defamatory. In any case in which a court order indicates material is defamatory, libelous, or slanderous in nature; we will disable access to the material. Similarly, in any case in which a US or Australian Court has placed an injunction against specified content or material; we will comply and remove or disable access to the material in question.

If in doubt regarding the acceptability of your site or service, please contact us at abuse@netwizardhosting.com.au and we will be happy to assist you.

Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita).

Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.

Resellers: we will suspend the site in question and will notify you so you may terminate the account. We will further monitor your activity; more than one infraction of this type may result in the immediate termination of your account.

Direct customers: Your services will be terminated with or without notice.

Violations will be reported to the appropriate law enforcement agency.

It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.

Zero Tolerance Spam Policy

We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists”, purchased lists, and selling of lists will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.

Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, phone, postal mail, email, instant messaging, or usenet/newsgroups. Netwizard reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.

Netwizard reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee or any charges incurred for blacklist removal. This cost of the clean up fee is entirely at the discretion of Netwizard.

Payment Information

You agree to supply appropriate payment for the services received from Netwizard, in advance of the time period during which such services are provided. You agree that until and unless you notify Netwizard of your desire to cancel any or all services received, those services will be billed on a recurring basis.

Cancellations must be done in writing via billing@netwizardhosting.com.au. Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you in writing (typically email) that your account has been canceled. Your cancellation confirmation will contain a ticket/tracking number in the subject for your reference, and for verification purposes. You should immediately receive an automatic “Your request has been received…” email with a tracking number. An employee will confirm your request (and process your cancellation) shortly thereafter. If you do not hear back from us, or do not receive the automatic confirmation email within a few minutes after submitting your cancellation, please contact us immediately via phone. We require that cancellations of service are done through the online form to (a) confirm your identity, (b) confirm in writing you are prepared for all files/emails to be removed, and (c) document the request. This process reduces the likelihood of mistakes, fraudulent/malicious requests, and ensures you are aware that the files, emails, and account may be removed immediately after a cancellation request is processed.

As a client of Netwizard, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree that until and unless you notify Netwizard of your desire to cancel any or all services received (by the proper means listed in the appropriate section of the Terms of Service), those services will be billed on a recurring basis, unless otherwise stated in writing by Netwizard. Netwizard reserves the right to bill your credit card or billing information on file with us. Netwizard provides a 10 day grace period from the time the invoice is generated and when it must be paid. Any invoice that is outstanding for 10 days and not paid will result in a $10 late fee and/or an account suspension until account balance has been paid in full. The $10 late fee is applied in addition to whatever else is owed to Netwizard for services rendered. Access to the account will not be restored until payment has been received. If hosting invoices continue to go unpaid for 90 days we reserve the right to delete freeing up resources on our server.

It is the customer’s responsibility to notify our sales team via accounts@netwizardhosting.com.au after paying for a domain renewal and to ensure the email is received and acted upon. Domain renewal notices and invoices are provided as a courtesy reminder and Netwizard cannot be held responsible for failure to renew a domain or failure to notify a customer about a domain’s renewal.

Subsequently, domain renewals are billed and renewed 30 days before the renew date. It is the customer’s responsibility to notify our sales team via email at accounts@netwizardhosting.com.au for any domain registration cancellation. No refunds can be given, once a domain is renewed. All domain registrations and renewals are final.

Invoices that have been paid more than once with multiple Paypal Subscriptions can only be added as credit towards the account and cannot be refunded via Paypal. If you require assistance with this provision, please contact accounts@netwizardhosting.com.au

Netwizard reserves the right to change the monthly payment amount and any other charges at anytime.

Backups and Data Loss

Your use of this service is at your sole risk. Our backup service runs once a week, overwrites any of our previous backups made, and only one week of backups are kept. This service is provided to you as a courtesy. Netwizard is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Netwizard servers.

Cancellations and Refunds

Netwizard reserves the right to cancel, suspend, or otherwise restrict access to the account at any time with or without notice.

Exchange rate fluctuations for international payments are constant and unavoidable. All refunds are processed in Australian dollars, and will reflect the exchange rate in effect on the date of the refund. All refunds are subject to this fluctuation and Netwizard is not responsible for any change in exchange rates between time of payment and time of refund.

Customers may cancel at any time via cancellations@netwizardhosting.com.au. Netwizard gives you an unconditional 45 day money back guarantee on managed shared hosting, and reseller solutions for any customer who paid the first invoice with a credit card or with Paypal.

Cancellations requested after the initial 45 days for Shared and Reseller accounts will go into effect on the renewal date for that particular hosting package. Unless specifically requested, the account will remain active until the period expires. If the account is eligible, any request for a refund outside of the initial 45 day period will be given on a prorated basis with any previous extended term discount withheld. Refunds are to be determined once the account has been canceled. Payments older than 60 days may require a refund via PayPal or mailed check due to our merchant account policies and procedures.

The following methods of payments are non-refundable, and refunds will be posted as credit to the hosting account:

• Bank Wire Transfers
• Western Union Payments
• Checks
• Money orders

There are no refunds on dedicated servers, administrative fees, and install fees for custom software. Refund requests for .com, .net., and .org domain names (made within the 45 day money-back guarantee period) will have the common market value subtracted for those tld’s. Any ccTLD’s domain name purchases are non-refundable. Please note that domain refunds will only be considered if they were ordered in conjunction with a hosting package. Eligibility of said refunds will be determined at the time of cancellation.

Only first-time accounts are eligible for a refund. For example, if you’ve had an account with us before, canceled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.

Violations of the Terms of Service will waive the refund policy.

Resource Usage

User may not:

1) Use 25% or more of system resources for longer than 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.

2) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.

3) Run any type of web spider or indexer (including Google Cash / AdSpy) .

4) Run any software that interfaces with an IRC (Internet Relay Chat) network.

5) Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.

6) Participate in any file-sharing/peer-to-peer activities

7) Run any gaming servers such as counter-strike, half-life, battlefield1942, etc

8) Run cron entries with intervals of less than 15 minutes.

9) Run any MySQL queries longer than 15 seconds. MySQL tables should be indexed appropriately.

10) When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include(“http://yourdomain.com/include.php”) use include(“include.php”)

11) To help reduce usage, do not force html to handle server-side code (like php and shtml).

Sites that slightly exceed our inode limits are unlikely to be suspended; however, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension. The primary cause of excessive inodes seems to be due to users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past our inode limit. To disable your default mailbox, login to cPanel and choose “Mail”, then “Default Address”, “Set Default Address”, and then type in: :fail: No such user here.

Backup Limit

Any account using more than 20 gigs of disk space will be removed from our off site weekly backup with the exception of Databases continuing to be backed up. All data will continue to be mirrored to a secondary drive which helps protect against data loss in the event of a drive failure.

Uptime Guarantee

If your server has a physical downtime that is not within the 99.9% uptime you may receive one month of credit on your account. Approval of the credit is at the discretion of Netwizad dependent upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor’s network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. To request a credit, please contact accounts@netwizardhosting.com.au with justification. All requests must be made in writing via email.

Update policy for Managed Hosting

Free updates extend to adding/removing text and images to existing pages only. All other design work including but not limited to adding pages, adding functionality etc… will be charged at $125 per hour. Netwizard will make the final decision regarding what constitutes a free update and reserves the right of full discretion.

Reseller: Client Responsibility

Resellers are responsible for supporting their clients. Netwizard does not provide support to our Reseller’s Clients. If a reseller’s client contacts us, we reserve the right to place the client account on hold until the reseller can assume their responsibility for their client. All support requests must be made by the reseller on their clients’ behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients’. Netwizard will hold any reseller responsible for any of their clients actions that violate the law or the terms of service.

Price Change

The amount you pay for hosting will never increase from the date of purchase. We reserve the right to change prices listed on www.netwizarddesign.com.au or www.netwizardhosting.com.au, and the right to increase the amount of resources given to plans at any time.

Discounts and Coupons

Discounts and coupon codes are reserved for first-time accounts *or first-time customers* only and may not be used towards the purchase of a domain registration unless otherwise specified. If you have signed up using a particular domain, you may not resign up for that domain using another coupon at a later date. Any account found in violation of these policies will be reviewed by our sales department and the appropriate invoices will be added to the account. Coupon abuse will not be tolerated and may result in the suspension or termination of the account. Coupons or discounts are only valid towards the initial purchase, and do not affect the renewal or recurring price.

Indemnification

Customer agrees that it shall defend, indemnify, save and hold Netwizard harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Netwizard, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Netwizard against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Netwizard; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from Netwizard server.

Disclaimer

Netwizard shall not be responsible for any damages your business may suffer. Netwizard makes no warranties of any kind, expressed or implied for services we provide. Netwizard disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Netwizard and its employees.

Disclosure to law enforcement

Netwizard may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.

Changes to the TOS

Netwizard reserves the right to revise its policies at any time without notice.

WEBSITE TERMS & CONDITIONS:

• If your web site exceeds the number of pages stated in the signed contract, you will be required to pay an additional charge on which you will be quoted before work commences.
• You must pay the remainder of your balance before your web site goes live. In the event of paying by cheque your web site will not be live until funds have cleared.
• If NetWizard Design is hosting your web site then hosting fees must be paid either Monthly or yearly.
• Hosting will charged immediately following domain registration.
• NetWizard Design’s hosting package includes one complimentary update per month (not including changes to the layout or additional pages), additional updates will incur extra costs.
• In the event that you wish to cancel your contract with NetWizard Design, your deposit will not be returned and NetWizard reserves the right to pursue the balance of your contract.
• In the event that your website is financed by a third party ownership will pass to you once the final payment has been made.
• If the website is not completed within six months of the contract date due to the customer failing to provide content or revision instructions then Netwizard reserves the right to collect the balance of the contract.

TERMS & CONDITIONS FOR SHOPPING CART/E COMMERCE/CMS

• All CMS / Shopping Cart & E Commerce contracts MUST be hosted through NetWizard Design
• If your Product Data Entry exceeds the number stated in the contract, additional charges will apply.
• Once Design of site has been approved, NO changes can be made to the layout of the site.
• Complex data entry defined as an item with multiple images, options and pricing. Simple is defined as an item with a single image and no options.

DEVELOPMENT PROCESS:

1. Once deposit has been received the design process will commence.
2. Design process to take approx 4-6 weeks from approval and receipt of ALL information.
3. Once the design is implemented, the home page of the site will be uploaded to a temporary web site for viewing where by any changes can be made. This page MUST be approved before the remainder of your web site can be built. Once approved, major changes to the layout of the site will incur additional costs.
4. Upon final approval of your site FULL PAYMENT is required.
5. Once payment is received, your site will be uploaded to your domain.