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Enfusion Technology Group Eb Hosting Terms
and Conditions Effective 01-01-2002
Enfusion Technology Group (ABN 66294618824
)
These are the standard terms and conditions
of supply of the Enfusion Technology Group
Web Hosting and other services offered from
time to time on the Enfusion Technology Group
web site at
www.enfusion.com.au ("Services").
These terms apply to you as a user of the
Service
(" Client" or "you").
Please read these terms and conditions carefully.
It is a condition of your use of the Service
that you comply with these terms and conditions.
1. Terms and Amendment Procedure
1.1 These are the terms upon which we agree
to provide the Service to the Client. The
agreement made between us with these terms
commences on the day the service is activated.
1.2 Please look out for any amendments to
these terms and conditions that Enfusion Technology
Group (" we") might make in the
future.
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 general
notice on a page of the internet referred
to on the home page of our web site at www.enfusion.com.au.
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.
1.4 If you use the Service after that publication,
your use will constitute an acceptance of
the amended terms.
1.5 These terms constitute the agreement in
its entirety and supersede prior agreements.
2. Service
2.1 Scheduled Maintenance -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 post details of the scheduled maintenance
to our website and via email.
2.2
Unscheduled Maintenance - We may need to perform
unscheduled maintenance. If unscheduled maintenance
requires the service to be offline for more
than 30 minutes, we will post details of the
event to our website and via email after the
maintenance has been completed.
2.3 Archiving of Data -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 client data recovered from our backups.
2.4 The Service is provided by Enfusion Technology
Group from its data centres in Australia.
Enfusion Technology Group will determine in
its absolute discretion from time to time
the data centre location from which your Service
is provided.
2.5 In contracting with Enfusion Technology
Group for the Services, the Client obtains
no rights to the hardware and other infrastructure
and facilities used by Enfusion Technology
Group to deliver the Service.
2.6 In the absence of any additional written
agreement, these terms and conditions (as
varied from time to time) will apply to any
further Services you acquire from Enfusion
Technology Group.
3. Payment
3.1 You must pay for the Service as notified
to you by Enfusion Technology Group in accordance
with the prices in force for Services from
time to time.
3.2 You must pay all Service time charges,
minimum 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.
3.3 Prices published on our web site are inclusive
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:-a)
the installation and use of telephone lines
and all other equipment needed to access the
Service; and b) 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. If you register after the
28th of each month, your billing date becomes
the first of the next month.
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.
4. Warranties and Liabilities 4.1 We do not
warrant that:
a) the services provided under this agreement
will be uninterrupted or error free;
b) the services will meet your requirements,
other than as expressly set out in this agreement;
or
c) 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 Enfusion Technology Group.
4.2 Except as expressly provided to the contrary
in this agreement, all warranties whether
express, implied, statutory or otherwise,
relating in any way to the subject matter
of this agreement, are excluded. Where any
statute implies any term into this agreement,
and that statute avoids or prohibits provisions
in a contract excluding or modifying the application
of or liability under such a term, then the
term will be taken to be included in this
agreement. However, our liability for any
breach of the term will, if permitted by that
statute, be limited, at our option, to the
resupply of the services again; or payment
of the cost of having the services supplied
again.
4.3 Except as provided under clause 4.2, none
of Enfusion Technology Group, its subsidiaries,
officers, directors, employees, partners or
suppliers will be liable to you or any third
party for:- a) any special, punitive, incidental,
indirect or consequential damages of any kind;
b) any damages whatsoever, including, without
limitation, those resulting from:
i) loss of use, data or profits, on any theory
of liability, arising out of or in connection
with the use of or the inability to use the
Services;
ii) the statements or actions of any employee
or agent of Enfusion Technology Group;
iii) any unauthorised access to or alteration
of your web site, transmissions or data;
iv) any information that is sent or received
or not sent or received; v) any failure to
store or loss of data, files or other content;
vi) your fraudulent, negligent or otherwise
unlawful behaviour;
vii) information, data or other material provided
to Enfusion Technology Group by you or on
your behalf; or
viii) any Services that are delayed or interrupted.
4.4 You warrant that:-
a) 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;
b) 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;
c) you will keep secure any passwords used
to upload data to the Server; and
d) you hold and will continue to hold the
copyright in the Client Data or that you are
licensed and will
continue to be licensed to use the Client
Data.
4.5 You accept responsibility for all information
and material you issue over any Service, and
indemnify us and hold us harmless against
any liability in relation thereto. In particular
you undertake that you shall not publish or
issue any information which is illegal or
defamatory. You also acknowledge that we do
not vet or approve any information or material
available through the Service. We do not accept
any liability for any loss, claim or damages
arising from or relating to information and
material available 3 through the Service,
to the full extent permitted by law. You access
and use such information and material at your
own risk.
4.6 You agree to abide by our Acceptable Use
and Privacy policies which are located at
URL
http:// www. enfusion. com. au and you agree
that the terms of those two policies
form part of this agreement between you and
Enfusion Technology Group.
4.7 You are solely responsible for dealing
with persons who access the Client Data, and
must not refer complaints or inquiries in
relation to such data to us.
4.8 Except as provided in clause 4.2. we are
not liable to you or any other person for:-
a) cost, loss or liability (including loss
of profit or other consequential damage) arising
from our supply or failure or delay in supplying
the Service;
b) the content, context or confidentiality
of any communications made using the Service;
c) loss or damage caused by third party software
applications forming part of the Service.
4.9 You indemnify us against all costs, expenses,
loss or liability that we may suffer (directly
or indirectly) resulting from
a)
Your breach of these terms;
b) your use or misuse of the Service;
c) the use or misuse of the Service by any
person using your account; and,
d) publication of defamatory, offensive or
otherwise unlawful material on any web site
forming part of your Service.
5. Suspension and Termination of Service
5.1 We may from time to time without notice
suspend the Service or disconnect or deny
your access to the Service:-
a) 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
b) if the Customer fails to comply with any
agreement (including failure to pay charges
due) until the breach (if capable of remedy)
is remedied, or does, or allows to be done,
anything which in our opinion may have the
effect of jeopardising the operation of the
Service.
Notwithstanding any suspension of any Service
under this clause you shall remain liable
for all charges due throughout the period
of suspension.
5.2 Enfusion Technology Group may without
notice to you removes, amend or alter your
data upon being made aware of:-
a) any claim or allegation; or
b) 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.
5.3 We may end our agreement with you and
cease providing Services for any reason, on
30 days written notice to you. You may close
your account with Enfusion Technology Group
on 30 days written notice to Enfusion Technology
Group. A fee of $99.00 will apply for account
closure.
5.4 If your account is closed you must pay
all outstanding charges immediately and we
may delete all Client Data from any storage
media.
6. Miscellaneous
6.1 The Client grants to Enfusion Technology
Group a license to use and reproduce all Client
Data in order to fulfill its obligations under
this agreement. In this agreement "Client
Data" means all information, data, text,
logos, images, audio, movie clips and/ or
content in any form that forms part of the
Client's web sites or emails.
6.2 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.
6.3 The law in force in New South Wales governs
this agreement and the transactions contemplated
by this agreement.
6.4 You may not resell Services or assign
your rights and obligations under this agreement
without our prior written consent. |
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