Hosting Terms & Conditions

Definition of Terms

"Cybertel", "us", "we" and "our" means Cybertel Telecom Pty Ltd (ABN 20 114 904 835).

"System" means the computer system, programming and communication facilities required by Cybertel for the operation of the service.

"Service" means the web hosting provided by Cybertel to customers subscribing for that web hosting.

"Client ", "Customer" and "You" means the party or parties who enters into this agreement with Cybertel.

Service scope

Cybertel reserves the right to modify, enhance and withdraw the service and alter policies and service guidelines.

Terms of payment

In consideration of Cybertel providing you with the service, you agree to payment as follows:

Payment for hosting shall be twenty-eight (28) days in advance. You shall pay on invoice the amount owed within 7 days of the date of issue of the invoice. If we are forced to hand your account over to a debt collection agency for collection you will be liable for any collection costs incurred.

Cybertel reserves the right to suspend all services for any outstanding client account till payment is received in full. If an account is suspended for more than 14 days, Cybertel may at its discretion delete the account and remove all files associated with it from our servers.

Late payment fees

A penalty of 2% (plus GST if applicable) may be added to any outstanding amount every 28 days until the account is paid in full. In the case of accounts more than two months overdue, an administration fee of $25 may be charged.

Validity of the agreement

Either party may terminate the agreement on 7 working days' written notice to the other party.

Cybertel reserves the right to cease immediately without liability (other than the refund of unearned prepaid service fees) to provide the service and to terminate this agreement if you should go into liquidation or bankruptcy, or if you fail to meet any obligation in accordance with this agreement subject to our terms or usage policy.

Assignment and Delegation

We may assign or transfer our rights and responsibilities under this contract to another party.

We may also subcontract the performance of any of our responsibilities under this contract to another party.

You may not assign or transfer any of your rights or responsibilities under this contract to anyone else without our prior written consent.

Customer Information

You agree, for the purposes of this contract and the performance of our obligations to you, that we may collect information about you. The information we collect about you may be obtained from you and others. We may obtain information about you when the services offered to you are used, either by you or anyone else.

You may decide not to provide any information sought from you. If you do not provide it then we may not be able to provide our services to you.

We may use the information we hold about you and may exchange information about you with our contractors, agents and representatives, with other carriers, and with credit reporting and debt collection agencies for the purposes of our business.

You may obtain access to, and correct, any information held by us under the Privacy Act 1993.

Liabilities

You agree that Cybertel will not be liable for any indirect or consequential damages, including but not limited to loss of profits or for any claim made on the client by any other party, even though Cybertel may have been notified of such damage or claims.

We shall not be liable to you for any loss or damage directly or indirectly arising out of or in connection with any delay in delivery of the goods or failure to perform its obligations under this Agreement where such delay is caused directly or indirectly by an act of God, armed conflict, labour dispute, civil commotion, intervention of a government, inability to obtain labour, materials or manufacturing facilities, accidents, interruptions of, or delay in, transportation or any other cause beyond our control.

You agree to defend, indemnify and hold us harmless from and against any and all claims, losses, liabilities and expenses (including attorneys' fees) related to or arising out of the services provided by us to you under this Agreement, including without limitation claims made by third parties (including your customers) related to any false advertising claims, liability claims for products or services sold by you, claims for patent, copyright or trademark infringement, claims due to disruption or malfunction of services provided hereunder, or for any content submitted by you for publication by us.

Due to the public nature of the Internet, all material submitted by you for publication will be considered publicly accessible. Cybertel does not screen in advance customer material submitted to Cybertel for publication. Cybertel' publication of material submitted by customers does not create any express or implied approval by Cybertel of such material, nor does it indicate that such material complies with the terms of this agreement.

Cybertel is not responsible for customers' files residing on Cybertel servers. You are solely responsible for independent backup of data stored on Cybertel servers.

Applicable law

The Consumer Guarantees Act 1993 may apply to any services we provide to you if you acquire these services for personal, domestic or household use. If this act applies, all rights you may have under it apply in addition to the rights you may have in this agreement. Nothing in this agreement will limit or exclude your rights under this act.

Where you acquire or hold yourself out as acquiring our services for the purpose of a business, then you agree that the provisions of the Consumers Guarantee Act 1993 will not apply to our service or the provision of any other services to you.

This agreement shall be deemed to be an agreement made in Australia and shall be subject to, governed by and interpreted in accordance with the laws of Australia .

Website Content

You agree to abide by our acceptable use guidelines and any modification from time to time as may be deemed necessary.

Reselling

Cybertel may permit you to resell Cybertel services.

If you act as a "reseller" of the services provided by Cybertel to you, then all the terms of this agreement shall pertain to the resale. Without limiting the foregoing, the contents of the disclaimer below shall apply to any and all claims made against you and/or Cybertel which arise out of the resale of Cybertel services.

Relationship of the Parties

The parties intend that an independent contractor relationship will be created by this contract, and that no partnership, joint venture or employee/employer relationship is intended or implied.