Service Terms — Discontinued Products

Netregistry's General Terms & Conditions also apply. Please read our General Terms & Conditions carefully as they contain exclusions of liability and also include indemnities from you to Netregistry.

  1. The minimum total cost of the Business 2.0 hosting plan Yearly Payment option is $762. Upfront payment of 12-month contract is required and is non-refundable if you terminate the service before the end of the term.
  2. The Monthly Payment option is a month-by-month contract, which can be terminated on one month's notice.
  3. Pricing of this hosting plan excludes any Domain Name Registration charges imposed by domain name registration authorities.
  4. If you register a new domain name through Netregistry at the same time as signing up for this service, the Product Terms of our Domain Name Registration service also apply. Please read our Domain Name Registration Product Terms carefully.
  5. If you are utilising the SiteBuilder Basic web site building tool with this hosting plan, the Product Terms of the SiteBuilder Basic service also apply. Please read our SiteBuilder Basic Product Terms carefully.
  6. This hosting plan supports a number of different payment gateways, however, Netregistry prefers and recommends either Dialect or eWAY. Please contact our Technical Support department on 1800 800 099 (ext. 2) if you wish to use an alternative payment gateway provider to confirm that it is supported on this hosting plan.
  7. If your web site's data transfer exceeds the allocated amount per month, an additional fee of $0.077 per extra MB per month is charged.
  8. The server space that is included with this plan is calculated by adding the monthly average of your web site storage and the monthly average of storage of all your mailboxes under this account.
  9. Once your server space exceeds the allocated limit, an additional fee of $0.099 per extra MB per month is charged.
  10. POP mailboxes are provided at no additional cost as part of your hosting plan and are not subject to any service levels.
  11. Business 2.0 hosting plan customers requiring support for a database can only have their database hosted using either the SQL Lite Add-On or MySQL Add-On and additional charges will apply.
  12. For security reasons, .NET code runs under a restricted trust level. Your code will not run with full trust rights.
  13. Customers utilising the .NET Framework (v2.0) may also utilise a Microsoft® Access database with this hosting plan. However, Netregistry prefers and recommends the use of a either a Microsoft® SQL or MySQL database with .NET-enabled web sites, and customers will be required to purchase either the SQL Lite Add-On or MySQL Add-On and additional charges will apply.
  14. If you are an existing Netregistry customer on a pre-2.0 hosting product and would like to upgrade to the 2.0 hosting products now available, please contact our Sales Team on 1800 800 099 (ext. 1) to discuss your options. A transition fee will apply.
  15. If you request a move to an equivalent 2.0 product, you will be billed at the new price in your next invoice following the move. If you pay for your product annually, you may move to an equivalent 2.0 product (and receive the benefits of that product) during the term, however you will be will not be billed at the new price until the beginning of the next term.
  16. The uptime availability ("Uptime SLA") for this service is 99.99%. If we fail to meet the Uptime SLA, we will provide you with a credit as set out below (Service Credits are calculated against the relevant month's webhosting fees and charges only):

    Monthly Uptime Service Credit
    99.8% - 99.98% 10%
    99.6% - 99.79% 15%
    99.59% or lower 20%
  1. The ColdFusion Add-On is only available for use with the Professional, Premier, Premier Advantage and Premier G web hosting plans.
  2. The minimum total cost of the ColdFusion Add-On Yearly Payment option is $275 for Professional web hosting customers and $715 for Premier, Premier Advantage and Premier G web hosting customers. Upfront payment of 12-month contract is required and is non-refundable if you terminate the service before the end of the term.
  3. The Monthly Payment option is a month-by-month contract, which can be terminated on one month's notice.
  4. ColdFusion end user license terms apply.
  1. The minimum total cost of the Easy Start 2.0 hosting plan Yearly Payment option is $240. Upfront payment of 12-month contract is required and is non-refundable if you terminate the service before the end of the term.
  2. Pricing of this hosting plan excludes any Domain Name Registration charges imposed by domain name registration authorities.
  3. If you register a new domain name through Netregistry at the same time as signing up for this service, the Product Terms of our Domain Name Registration service also apply. Please read our Domain Name Registration Product Terms carefully.
  4. If you are utilising the SiteBuilder Basic web site building tool with this hosting plan, the Product Terms of the SiteBuilder Basic service also apply. Please read our SiteBuilder Basic Product Terms carefully.
  5. This hosting plan supports a number of different payment gateways, however, Netregistry prefers and recommends either Dialect or eWAY. Please contact our Technical Support department on 1800 800 099 (ext. 2) if you wish to use an alternative payment gateway provider to confirm that it is supported on this hosting plan.
  6. If your web site's data transfer exceeds the allocated amount per month, an additional fee of $0.077 per extra MB per month is charged.
  7. The server space that is included with this plan is calculated by adding the monthly average of your web site storage and the monthly average of storage of all your mailboxes under this account.
  8. Once your server space exceeds the allocated limit, an additional fee of $0.099 per extra MB per month is charged.
  9. POP mailboxes are provided at no additional cost as part of your hosting plan and are not subject to any service levels.
  10. If you are an existing Netregistry customer on a pre-2006 domain and/or hosting 2.0 product and would like to upgrade to the domain 2006 and/or hosting 2.0 products now available, please contact our Sales Team on 1800 800 099 (ext. 1) to discuss your options. A transition fee will apply.
  11. If you request a move to an equivalent 2.0 product, you will be billed at the new price in your next invoice following the move. If you pay for your product annually, you may move to an equivalent 2.0 product (and receive the benefits of that product) during the term, however you will be will not be billed at the new price until the beginning of the next term.
  12. The uptime availability ("Uptime SLA") for this service is 99.99%. If we fail to meet the Uptime SLA, we will provide you with a credit as set out below (Service Credits are calculated against the relevant month's webhosting fees and charges only):

    Monthly Uptime Service Credit
    99.8% - 99.98% 10%
    99.6% - 99.79% 15%
    99.59% or lower 20%
  1. The minimum total cost of the Economy 2.0 hosting plan Yearly Payment option is $452. Upfront payment of 12-month contract is required and is non-refundable if you terminate the service before the end of the term.
  2. The Monthly Payment option is a month-by-month contract, which can be terminated on one month's notice.
  3. Pricing of this hosting plan excludes any Domain Name Registration charges imposed by domain name registration authorities.
  4. If you register a new domain name through Netregistry at the same time as signing up for this service, the Product Terms of our Domain Name Registration service also apply. Please read our Domain Name Registration Product Terms carefully.
  5. If you are utilising the SiteBuilder Basic web site building tool with this hosting plan, the Product Terms of the SiteBuilder Basic service also apply. Please read our SiteBuilder Basic Product Terms carefully.
  6. This hosting plan supports a number of different payment gateways, however, Netregistry prefers and recommends either Dialect or eWAY. Please contact our Technical Support department on 1800 800 099 (ext. 2) if you wish to use an alternative payment gateway provider to confirm that it is supported on this hosting plan.
  7. If your web site's data transfer exceeds the allocated amount per month, an additional fee of $0.077 per extra MB per month is charged.
  8. The server space that is included with this plan is calculated by adding the monthly average of your web site storage and the monthly average of storage of all your mailboxes under this account.
  9. Once your server space exceeds the allocated limit, an additional fee of $0.099 per extra MB per month is charged.
  10. POP mailboxes are provided at no additional cost as part of your hosting plan and are not subject to any service levels.
  11. The Economy hosting plan customers requiring support for a database can only have their database hosted using either an SQL Add-On or MySQL Add-On and additional charges will apply.
  12. For security reasons, .NET code runs under a restricted trust level. Your code will not run with full trust rights.
  13. Customers utilising the .NET Framework (v3.5) may also utilise a Microsoft® Access database with this hosting plan. However, Netregistry prefers and recommends the use of a either a Microsoft® SQL or MySQL database with .NET-enabled web sites, and customers will be required to purchase either an SQL Add-On or MySQL Add-On and additional charges will apply.
  14. If you are an existing Netregistry customer on a pre-2.0 hosting product and would like to upgrade to the 2.0 hosting products now available, please contact our Sales Team on 1800 800 099 (ext. 1) to discuss your options. A transition fee will apply.
  15. If you request a move to an equivalent 2.0 product, you will be billed at the new price in your next invoice following the move. If you pay for your product annually, you may move to an equivalent 2.0 product (and receive the benefits of that product) during the term, however you will be will not be billed at the new price until the beginning of the next term.
  16. The uptime availability ("Uptime SLA") for this service is 99.99%. If we fail to meet the Uptime SLA, we will provide you with a credit as set out below (Service Credits are calculated against the relevant month's webhosting fees and charges only):

    Monthly Uptime Service Credit
    99.8% - 99.98% 10%
    99.6% - 99.79% 15%
    99.59% or lower 20%
  1. The SQL Add-On is only available for use with the Premier, Premier Advantage and Premier G web hosting plans.
  2. Customers enabling the Instance Dedicated SQL Add-On will have the choice of having their database created on either a Microsoft SQL 2005 or a SQL 2008 server at the time of adding the product via Mission Control.
  3. Additional SQL disk space for use with the SQL databases can be purchased at the rate of $0.40 per MB per month by logging a job in your Mission Control panel.
  4. Customers whose databases exceed the number of user connections permitted for their level will have their excess connections terminated without notice. Netregistry takes no responsibility for loss of data or any other problems caused by the termination of excessive user connections.
  5. We provide a hosting environment - not a testing environment. Customers hosting Microsoft SQL or MySQL databases should be running the database in a similar environment in their premises and testing offline.
  6. Customers must adhere to the SQL Policy which includes recommended best practices guidelines. Netregistry takes no responsibility for any problems caused by failure to observe the SQL Policy.
  1. The minimum total cost of the WordPress Hosting plan Yearly Payment option is $359.40 (excluding GST). Upfront payment of 12-month contract is required and is non-refundable if you terminate the service before the end of the term.
  2. The Monthly Payment option is a month-by-month contract, which can be terminated on one month's notice.
  3. Pricing of this hosting plan includes one free domain name registration(.com.au, .com, .net.au or .net only). Subsequent renewals of the domain name will be charged at our then standard rate for renewal.
  4. If you register a new domain name through Netregistry at the same time as signing up for this service, the Product Terms of our Domain Name Registration service also apply. Please read our Domain Name Registration Product Terms carefully.
  5. This hosting plan supports a number of different payment gateways, however, Netregistry prefers and recommends either Dialect or eWAY. Please contact our Technical Support department on 1800 800 099 (ext. 2) if you wish to use an alternative payment gateway provider to confirm that it is supported on this hosting plan.
  6. If your web site's data transfer exceeds the allocated amount of 2TB per month, an additional fee of $0.077 per extra MB per month is charged.
  7. This product does not have SSL capabilities
  8. A customer has an application limit of 50. The participating applications included in the limit are as follows: WordPress, Drupal, SMF, Media Wiki, ZenCart, Vanilla, OS Commerce, SilverStripe, Joomla & MySQL Database.
  9. Plugins that are preinstalled include Jetpack by WordPress.com and WordPress SEO
  10. The server space that is included with this plan is calculated according to the peak utilisation for the month.
  11. Once your server space exceeds the allocated limit of 150GB, an additional fee of $0.099 per extra MB per month is charged.
  12. You have a limit of 10 Managed Exchange Lite mailboxes which are provided at no additional cost as part of your hosting plan and are not subject to any service levels. If you require additional mailboxes or different features you will need to upgrade all your mailboxes to fully paid mailboxes and these will be charged accordingly.
  13. If you request a move to an equivalent product, you will be billed at the new price in your next invoice following the move. If you pay for your product annually, you may move to an equivalent product (and receive the benefits of that product) during the term, however you will be will not be billed at the new price until the beginning of the next term.
  1. The minimum total cost of the WordPress Hosting plan Yearly Payment option is $239.40 (excluding GST). Upfront payment of 12-month contract is required and is non-refundable if you terminate the service before the end of the term.
  2. The Monthly Payment option is a month-by-month contract, which can be terminated on one month's notice.
  3. Pricing of this hosting plan includes one free domain name registration(.com.au, .com, .net.au or .net only). Subsequent renewals of the domain name will be charged at our then standard rate for renewal.
  4. If you register a new domain name through Netregistry at the same time as signing up for this service, the Product Terms of our Domain Name Registration service also apply. Please read our Domain Name Registration Product Terms carefully.
  5. This hosting plan supports a number of different payment gateways, however, Netregistry prefers and recommends either Dialect or eWAY. Please contact our Technical Support department on 1800 800 099 (ext. 2) if you wish to use an alternative payment gateway provider to confirm that it is supported on this hosting plan.
  6. If your web site's data transfer exceeds the allocated amount of 1TB per month, an additional fee of $0.077 per extra MB per month is charged.
  7. This product does have SSL capabilities
  8. A customer has an application limit of 10. The participating applications included in the limit are as follows: WordPress, Drupal, SMF, Media Wiki, ZenCart, Vanilla, OS Commerce, SilverStripe, Joomla & MySQL Database.
  9. Plugins that are preinstalled include Jetpack by WordPress.com and WordPress SEO
  10. The server space that is included with this plan is calculated according to the peak utilisation for the month.
  11. Once your server space exceeds the allocated limit of 50GB, an additional fee of $0.099 per extra MB per month is charged.
  12. You have a limit of 10 Managed Exchange Lite mailboxes which are provided at no additional cost as part of your hosting plan and are not subject to any service levels. If you require additional mailboxes or different features you will need to upgrade all your mailboxes to fully paid mailboxes and these will be charged accordingly.
  13. If you request a move to an equivalent product, you will be billed at the new price in your next invoice following the move. If you pay for your product annually, you may move to an equivalent product (and receive the benefits of that product) during the term, however you will be will not be billed at the new price until the beginning of the next term.
  1. The minimum total cost of the WordPress Hosting plan Yearly Payment option is $119.40 (excluding GST). Upfront payment of 12-month contract is required and is non-refundable if you terminate the service before the end of the term.
  2. The Monthly Payment option is a month-by-month contract, which can be terminated on one month's notice.
  3. Pricing of this hosting plan includes one free domain name registration(.com.au, .com, .net.au or .net only). Subsequent renewals of the domain name will be charged at our then standard rate for renewal.
  4. If you register a new domain name through Netregistry at the same time as signing up for this service, the Product Terms of our Domain Name Registration service also apply. Please read our Domain Name Registration Product Terms carefully.
  5. This hosting plan supports a number of different payment gateways, however, Netregistry prefers and recommends either Dialect or eWAY. Please contact our Technical Support department on 1800 800 099 (ext. 2) if you wish to use an alternative payment gateway provider to confirm that it is supported on this hosting plan.
  6. If your web site's data transfer exceeds the allocated amount of 500GB per month, an additional fee of $0.077 per extra MB per month is charged.
  7. This product does not have SSL capabilities
  8. A customer has an application limit of 5. The participating applications included in the limit are as follows: WordPress, Drupal, SMF, Media Wiki, ZenCart, Vanilla, OS Commerce, SilverStripe, Joomla & MySQL Database.
  9. Plugins that are preinstalled include Jetpack by WordPress.com and WordPress SEO
  10. The server space that is included with this plan is calculated according to the peak utilisation for the month.
  11. Once your server space exceeds the allocated limit of 15GB, an additional fee of $0.099 per extra MB per month is charged.
  12. You have a limit of 10 Managed Exchange Lite mailboxes which are provided at no additional cost as part of your hosting plan and are not subject to any service levels. If you require additional mailboxes or different features you will need to upgrade all your mailboxes to fully paid mailboxes and these will be charged accordingly.
  13. If you request a move to an equivalent product, you will be billed at the new price in your next invoice following the move. If you pay for your product annually, you may move to an equivalent product (and receive the benefits of that product) during the term, however you will be will not be billed at the new price until the beginning of the next term.
  1. The SQL Lite Add-On is only available for use with the Economy and Business web hosting plans. If you are hosting on one of Netregistry's legacy Economy or Business plans, you will need to upgrade to our Economy 2.0 or Business 2.0 hosting plan and additional charges may apply to complete the upgrade.
  2. Additional SQL disk space is not available with this product. If database and transaction log storage greater than 25MB is required, you will need to upgrade to either the Professional plan with the Standard SQL Add-On, or the Premier or Premier Advantage plan with the Premier SQL Add-On.
  3. Customers whose databases exceed the number of user connections permitted for their level will have their excess connections terminated without notice. Netregistry takes no responsibility for loss of data or any other problems caused by the termination of excessive user connections.
  4. We provide a hosting environment - not a testing environment. Customers hosting Microsoft SQL or MySQL databases should be running the database in a similar environment in their premises and testing offline.
  5. The SQL Lite Add-On provides access to a database created on a Microsoft SQL 2000 server only. Should you require access to Microsoft SQL 2005, you will be required to upgrade to either the Professional plan with the Standard SQL Add-On, or Premier or Premier Advantage plan with the Premier SQL Add-On.
  6. Customers must adhere to the SQL Policy which includes recommended best practices guidelines. Netregistry takes no responsibility for any problems caused by failure to observe the SQL Policy.

Managed SQL Server 2012 Pre-Release software is offered as two separate beta releases, being 'Shared 1GB (Beta)' and 'IDQ 1GB (Beta)' (collectively or individually, the "Service"), and are subject to the following terms and conditions:

  1. The Service is currently offered as a trial, and will operate from 27 February 2012 until 16 April 2012 ("Trial"). No new Trial accounts will be allowed or created after 5pm (AEDT) on 30 March 2012.
  2. Limit of one Trial account per customer applies.
  3. At the conclusion of the Trial, your Trial account will be terminated, and the Service will no longer be available. You will not have access to any data which has been entered, submitted or uploaded in use of the Service. The contents of any Trial account cannot be migrated to the full release (ie. 'paying' version) of the product should you sign up for the full release version of MS SQL 2012.
  4. This Service is a pre-release product, and is not yet fully developed or finalised. The Service may:
    1. contain errors or other bugs and may not work correctly;
    2. be updated or modified without notification;
    3. change substantially prior to the full release, resulting in programs that currently operate, use or run with the current version of the Service from working with the full release (or subsequent updates of this pre-release version, if any).
  5. No uptime guarantees, service levels or similar performance measures are provided for or apply to this Service.
  6. The Service is subject to specific restrictions on its use, and must not be used:
    1. in relation to commercial or production purposes;
    2. in hazardous environments, in relation to critical functions or purposes (for example, in relation to life support or weapon systems) or any other similar use; or
    3. for conducting e-commerce transactions, including without limitation for performing or processing any shipping, credit card, monetary or other banking transactions or related functions or services.
  7. Specifications of the Service.
  8. Netregistry will provide online, first-level support for the Service only.
  1. The MySQL Intro and MySQL Standard Add-Ons are only available for use on the Economy, Business, Professional, Premier, Premier Advantage, Premier G, Education One and Education Two web hosting plans. If you are hosting on one of Netregistry's legacy hosting plans, you will need to upgrade to one of our 2006 hosting plans and additional charges may apply to complete the upgrade.
  2. Once your database size on the MySQL Intro product option exceeds the allocated limit, an additional disk space fee of $0.80 per extra MB per month is charged.
  3. Once your database size on the MySQL Standard product option exceeds the allocated limit, an additional disk space fee of $0.40 per extra MB per month is charged.
  4. For each customer account, MySQL Intro can only be activated as the first MySQL database, and once only. If MySQL Standard is activated on your account first, you cannot downgrade to MySQL Intro later.
  5. We provide a hosting environment - not a testing environment. Customers hosting Microsoft SQL or MySQL databases should be running the database in a similar environment in their premises and testing offline.
  6. Customers must adhere to the SQL Policy which includes recommended best practices guidelines. Netregistry takes no responsibility for any problems caused by failure to observe the SQL Policy.

Date: October 2013

Terms and Conditions

These are the standard terms and conditions of supply of the Netregistry Online Marketing Services offered from time to time on Netregistry's web site at https://www.netregistry.com.au/ ("Netregistry Web Site") and/or the Proposal (as defined in clause 1.1.2 below the "Services", each individually a "Service").

Please read these terms and conditions carefully. It is a condition of your use of the Services that you ("you") comply with these terms and conditions.

1. Terms and Amendment Procedure

1.1 This agreement comprises, in order of priority, highest to lowest:

1.1.1 the terms and conditions of this agreement; and

1.1.2 the Netregistry Online Marketing Proposal ("Proposal").

1.2 This agreement commences on the date upon which Netregistry confirms to you by email or any other written medium that a Service has been commenced or activated ("Commencement Date").

1.3 Netregistry may change these terms and conditions either by obtaining your consent or giving you notice. The period of notice given by Netregistry depends on the nature of the change. If:

1.3.1 the change will benefit you, we may make the change immediately and are not required to notify you prior to the change;

1.3.2 the change is required by law, a regulatory body or for a technical reason (including for security), we will give you a reasonable period of notice not exceeding 3 days;

1.3.3 we consider that the change has a significant and detrimental impact on our customers generally, we will give you at least 30 days notice prior to the change, and

1.3.4 for all other changes, we will also give you at least 30 days notice prior to the change. Netregistry may give notice of a change by posting the new version of the Agreement on its website located at https://www.netregistry.com.au/about-us/our-policies/.

1.4 If you use a Service after publication of any change in accordance with clause 1.3, your use will constitute acceptance of the amended terms.

1.5 These terms constitute the agreement in its entirety and supersede all prior agreements.

1.6 Any reference in this agreement to Netregistry's "supplier" is a reference to any third party service provider of Netregistry (a "Supplier"), if and to the extent a Supplier is supplying any part of the Services to you on behalf of Netregistry.

2. Services

2.1 The Services shall be provided to you from the Commencement Date for the minimum period specified in the Proposal ("Initial Period"). On expiry of the Initial Period, the contract will automatically be extended on a month by month basis ("Additional Period"). The Initial Period and each Additional Period are referred to as the "Service Period". The contract can be terminated on 30 days notice before the end of the Initial Period or Additional Period.

2.2 Prior to or upon the Commencement Date, you and Netregistry shall agree on the key phrase or keyphrases (depending on the Services that you have elected to obtain from Netregistry) in respect of which Netregistry will provide the Services (as the context requires, depending on the Services that you have elected to obtain from Netregistry "Agreed Keyphrase/s").

2.3 You agree to provide Netregistry with any information, material, excerpts of or links from or to any content ("Your Web Site Information") on Your Web Site reasonably requested by Netregistry, to assist Netregistry with providing the Services to you.

3. Billing and Payment

3.1 You must pay for the Services in accordance with the prices and charges published on the Netregistry Web Site or the Proposal (as applicable, and as amended from time to time in accordance with clause 1.3).

3.2 You must pay all prices and charges for the Services and other amounts incurred by you or any designated users or incurred as a result of any use of the Services (whether authorised or not) in accordance with the billing provisions specified on the Netregistry Web Site or in the Proposal.

3.3 Prices and charges published on Netregistry's Web Site or in the Proposal are inclusive of any government taxes or charges unless otherwise stated.

3.4 You consent to Netregistry or its Supplier 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 Netregistry of an application for credit (whether commercial or personal) or for the purpose of the collection of payments that are overdue.

3.5 Unless otherwise stated, fees are payable in advance and non-refundable.

3.6 If we have invoiced you in arrears for any Services, and you fail to pay the charges in any invoice by the due date specified in any applicable billing provisions (as referred to in clause 3.2 above) or the invoice ("Unpaid Charges"), in addition to any other rights under this agreement, Netregistry may charge you interest and you agree to pay, on demand by Netregistry, interest on the Unpaid Charges at the Applicable Rate from the date the Unpaid Charges became due until those Unpaid Charges are paid to Netregistry in full. For the purposes of this clause, "Applicable Rate" means the Reserve Bank's Official Cash Rate (as published in the Australian Financial review at the time the Unpaid Charges become due)

3.7 You agree that in the event of any action being taken by Netregistry to recover any overdue amount due to it under this agreement or the Proposal, as evidenced for example by, without limitation, your credit card company notifying Netregistry of you disputing the payment of, or refusing to pay such charge, or where your credit card payment has been declined or reversed, any costs incurred by Netregistry in recovering the debt (including, without limitation, any legal expenses (on a solicitor/client basis), collection agency charges or any other reasonable associated costs incurred by Netregistry) are payable by you to Netregistry and shall be recoverable by Netregistry as a separate debt.

4. Your Warranties

You warrant that:

4.1 you have not entered into this agreement or obtained any Services on the basis of, or in reliance on, any statement or representation (whether made orally or in writing and regardless of the medium used) made by either Netregistry or its Supplier concerning this agreement or any of the Services, other than any statement or representation contained in this agreement;

4.2 you are at least 18 years of age;

4.3 your use of the Services will not at the Commencement Date or thereafter, infringe the intellectual property or any other rights of Netregistry, its Supplier or any third party;

4.4 you have the right to provide us with Your Web Site Information, and, if applicable, FTP Access, with respect to Your Web Site;

4.5 you will not alter, and will procure that no other person alters, any element of the textual content, content structure, graphical content and/or source code of Your Web Site, at any time during the Service Period, without Netregistry's prior written consent;

4.6 neither Your Web Site nor any of the content of Your Web Site (including, without limitation, Your Products and Services (if applicable), Your Web Site Information, and if applicable, any Optimisation Changes implemented by Netregistry or, by you or anyone on behalf of you)(collectively, "Your Web Site Property") will infringe the intellectual property or any other rights of any third party;

4.7 Your Web Site and Your Web Site Property will at all times comply with all laws required to be complied with by you; and

4.8 Your Website and use of the Supplier services contemplated under this Agreement complies with all relevant policies of those third parties (for example, without limitation, you comply with the Google policies in relation to use of its AdWords service).

5. Our General Disclaimer of Warranties

5.1 To the extent permitted by law, neither Netregistry nor its Supplier, nor any employees, affiliates, agents, suppliers, third-party information providers, merchants, licensors nor the like (each a "Relevant Party") of either Netregistry or the Supplier, make any warranties of any kind, either expressed or implied, statutory or otherwise, relating in any way to the subject matter of this agreement, including, but not limited to, warranties of merchantability or fitness for a particular purpose, or non-infringement for the Services or any equipment provided, and all such warranties are hereby excluded.

5.2 Netregistry agrees to use all reasonable efforts to provide the Services to you. However, you acknowledge to, and agree with, Netregistry, that nothing in this agreement shall constitute an express or implied warranty or guarantee by any Relevant Party of either Netregistry or its Supplier:

5.2.1 that the Services will be uninterrupted or error free;

5.2.2 that 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 Netregistry or its Supplier;

5.2.3 concerning the results or success that may be obtained from the use of the Services;

5.2.4 concerning any increase in revenue, profit or goodwill that may be obtained as a consequence of you using the Services (including, for the avoidance of doubt, any increase in revenue, profit or goodwill in connection with any products and/or services that you may determine to offer for supply, or supply via your web site, the Internet or otherwise ("Your Products and Services"));

5.2.5 as to the accuracy, reliability or content of any information services or merchandise contained in or provided through the Services, or, for the avoidance of doubt, any information provided by Netregistry or its Supplier in any advice, report or communication to you or any other party;

5.2.6 that the provision of the Services will result in the ranking of Your Web Site improving; and/or

5.2.7 that the provision of the Services will result in an increased amount of traffic or users to Your Web Site; and/or

5.2.8 concerning any market conditions (whether favourable or not) that may be in existence at the Commencement Date will continue; and/or

5.2.9 that the provision of the Services generally, or any software utilised by Netregistry to provide the Services, will not be subject to, or result in, either errors and/or delays.

5.3 You acknowledge that although Netregistry may suggest Optimisation Changes to you in connection with providing the Services, Netregistry cannot and does not, nor does any Relevant Party, take any responsibility for Your Web Site or Your Web Site Property. Accordingly, you agree that you shall at all times be solely responsible for Your Web Site and Your Web Site Property notwithstanding the provision of the Services to you by Netregistry or its Supplier.

5.4 Without limiting the above, you acknowledge that Netregistry's Services may require Netregistry to use, interface with or input information into Supplier's systems (including companies such as Google and Yahoo!) and you agree that Netregistry has no liability to the extent that the Supplier is unable to provide its services to you.

6. Indemnity

You will indemnify and defend Netregistry and its Supplier and all directors, officers, employees, and agents of Netregistry and its Supplier (each an "Indemnified Party") from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative) and expenses (including but not limited to reasonable legal fees) incurred by any Indemnified Party arising out of, or directly or indirectly relating to:

6.1 Your Web Site; and/or

6.2 Your Web Site Property; and/or

6.3 Netregistry's role as your agent (and any action or inaction by Netregistry as part of that role); and/or

6.4 any breach of this agreement by you; and/or

6.5 the use of the Services by you.

Such claims shall include, but shall not be limited to, claims based upon trademark, service mark, trade name, copyright and patent infringement, trademark dilution, tortious interference with contract or prospective business relations, unfair competition, restrictive trade practices, misleading statement, misleading or deceptive conduct, breach of contract, defamation or injury to reputation, or other injuries or damage to business.

7. Limitation of Liability

7.1 You agree that neither Netregistry nor its Supplier shall be liable for any indirect, incidental, special or consequential damages, or loss of profits, revenue, data or use, suffered by you or any third party, whether in an action in contract, tort or strict liability or other legal theory, even if Netregistry or its Supplier (as the case may be) has been advised of the possibility of such damages.

7.2 Subject to clause 7.1, you further agree that the aggregate liability of Netregistry and its Supplier for any damages, losses and causes of actions whether in contract or tort (including negligence or otherwise) shall not exceed the actual dollar amount paid by you for the Service which gave rise to such damages, losses and causes of actions during the 12-month period prior to the date the damage or loss occurred or the cause of action arose.

7.3 You agree that 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, the liability of Netregistry and its Supplier for any breach of the term will, if permitted by that statute, be limited, at our option, to the re-supply of the services again; or payment of the cost of having the services supplied again.

7.4 We acknowledge that some jurisdictions do not allow the exclusion or limitation of warranties or incidental or consequential damages, so that the above limitations or exclusions may not apply to you. In such jurisdictions, the liability of Netregistry and its Supplier (and the liability of any director, officer, employee, agent, affiliate, content provider or service provider of Netregistry and its Supplier) shall be limited to the greatest extent permitted by applicable law.

8. Intellectual Property

8.1 You acknowledge that all right, title and interest in any and all:

8.1.1 technology, including the software;

8.1.2 any documentation and material that is part of or provided with the Services; and

8.1.3 any know-how, trademarks or service marks of Netregistry or its Supplier, (collectively, "Our Intellectual Property") is vested in Netregistry, its Supplier and/or the licensors of Netregistry or its Supplier (as the context requires).

8.2 Unless otherwise specifically provided in this agreement, you agree that you shall have no right, title, claims or interest in or to Our Intellectual Property.

8.3 You may not copy, modify or translate any of Our Intellectual Property or related documentation, or decompile, disassemble or reverse engineer any of Our Intellectual Property, to use it other than in connection with the Services, or grant any other person or entity the right to do so.

8.4 Unless otherwise specifically permitted by this agreement, you are not authorised to distribute or to authorise others to distribute any of Our Intellectual Property in any manner without the prior written consent of Netregistry and/or its Supplier (as the context requires); provided, however, that nothing in this clause 8.4 shall preclude you from using Our Intellectual Property as incorporated in the Services. This clause 8.4 shall not operate to extinguish, restrict, vary, waive or affect in any manner whatsoever any right, title or interest which you may now have or hereafter acquire in, or in relation to, the third-party software that is part of or provided with the Services solely to the extent such third-party licensors publicly provide such rights, title or interest in the third-party software to you.

9. Confidential Information

You acknowledge that, in the course of the performance of this agreement, you may have access to customer information and communications, including proprietary information claimed to be unique, secret, or confidential, and which constitutes the exclusive property and trade secrets of Netregistry or its Supplier ("Confidential Information"). You agree to maintain the confidentiality of the Confidential Information and to use the Confidential Information only to the extent necessary for legitimate business uses in connection with this agreement. Upon request of Netregistry or on termination or expiration of this agreement, you shall return the Confidential Information of Netregistry or its Supplier then in your possession to Netregistry or its Supplier. Nothing in this agreement shall prohibit or limit your use of information which (a) is now, or hereafter becomes, publicly known or available through lawful means; (b) is rightfully in your possession, as evidenced by your records; (c) is disclosed to you without confidential or proprietary restriction by a third party who rightfully possesses and rightfully discloses the information; (d) is independently developed by you without any breach of this agreement; (e) is the subject of a written permission to disclose provided by Netregistry and/or its Supplier (as the context requires); or (f) is required by law to be disclosed.

10. AUP and Privacy Policy

10.1 You agree to comply with Netregistry's Acceptable Use Policy located at https://www.netregistry.com.au/legals/acceptable-use-policy/, as varied from time to time ("AUP"). If we receive notice of, or otherwise become aware that you have failed to comply with any provision of this AUP, in addition to any other rights of Netregistry under this agreement, you agree that Netregistry or its Supplier may immediately take corrective action, including suspension of any and all Services, or, in the case of Netregistry, terminating this agreement. In the event that any such corrective action due to a violation of the AUP occurs, Netregistry shall not refund to you any fees paid to Netregistry prior to such corrective action.

10.2 You agree to comply with Netregistry's Privacy Policy located at https://www.netregistry.com.au/legals/privacy-policy/, as varied from time to time ("Privacy Policy").

10.3 You agree that Netregistry may disclose your account and other information in accordance with the AUP and Privacy Policy.

11. Force Majeure

Neither Netregistry nor its Supplier shall be liable for failure or delay in performing its obligations under this agreement if such failure or delay is due to circumstances beyond its reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Services.

12. Suspension or Termination of this agreement

12.1 In addition to any other rights under this agreement, Netregistry may suspend or terminate this agreement and cease providing the Services to you:

12.1.1 if you breach any term of this agreement and (if capable of remedy) fail to remedy that breach within 14 days of receipt of a notice from Netregistry requiring you to remedy that breach;

12.1.2 if any of the following events occur:

12.1.2.1 you becomes insolvent or are otherwise unable to pay its debts as and when they fall due;

12.1.2.2 you (or any third party) institutes any insolvency, receivership or bankruptcy proceedings with respect to you, for the settlement of your debts;

12.1.2.3 you make a general assignment for the benefit of creditors; or

12.1.2.4 you cease to conduct business;

12.1.2.5 if requested to do so by a third party; or

12.1.2.6 Netregistry has elected to cease providing the Services to you for any reason whatsoever. Notwithstanding any suspension of any Service under this clause 11.1, you shall remain liable for all charges due at the commencement of the suspension period throughout the period of suspension.

12.2 In addition to any other obligation under this agreement, if Netregistry terminates this agreement:

12.2.1 you must pay all outstanding charges to Netregistry immediately; and

12.2.2 any licence issued to or by you in relation to the Services will cease from the date of termination.

13. Cancellation and Exit Fee

13.1 You may cancel the Services within four business days of the Commencement Date.

13.2 Where you have cancelled any Services pursuant to clause 13.1, and Netregistry will refund you for any other payments you have previously paid to Netregistry with respect to the Services and this agreement shall automatically terminate.

13.3 If you cancel the Service during the Initial Period, you must pay to Netregistry the "Exit Fee" within 30 days of cancellation. The Exit Fee is calculated as follows:

Exit fee = 70% * Number of unpaid months remaining in contract * monthly fee

14. Miscellaneous

14.1 The law in force in Victoria, Australia governs this agreement and the transactions contemplated by this agreement.

14.2 In the event it is necessary for Netregistry to enforce its rights under this agreement, you agree to pay all fees incurred by Netregistry (including, but not limited to, legal fees and collection agency fees)

14.3 This agreement shall be binding upon and inure to the benefit of you, your respective successors and assigns. You may not resell any Services or assign your rights and obligations under this agreement without the prior written consent of Netregistry.

14.4 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.

14.5 If any provision of this agreement is held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of this agreement shall remain in full force and effect.

Specific Additional Terms

The following specific additional terms apply to the products indicated below.

Online Marketing Services

1. You agree that Netregistry may from time to time during the Service Period, propose changes to any website owned or operated by you in respect of which the Services are being provided ("Your Web Site"), including, without limitation, to suggest adjustments to Your Web Site in the event that search engine algorithms change, and which Netregistry considers might assist you in improving the ranking of Your Web Site (each an "Optimisation Change", collectively, "Optimisation Changes").

2. You hereby authorise Netregistry to develop a link exchange program whereby links to and from Your Web Site, and other websites and/or industry guides and/or directories, are established, and you hereby appoint Netregistry as your agent for this purpose. Netregistry agrees to use all reasonable commercial endeavours to ensure that Netregistry does not insert links to and from Your Web Site to or from obscene, defamatory or sexually explicit websites and/or industry guides and/or directories.

3. Netregistry agrees that it will not, and will not recommend that you, cloak any pages or hide same colour content on same colour background or otherwise knowingly use spam methods in an attempt to improve the ranking of Your Web Site in connection with the provision of the Services.

4. If you agree to provide Netregistry with FTP (file transfer protocol) access ("FTP Access") to Your Web Site, Netregistry agrees not to make any Optimisation Changes to Your Web Site, without your prior written consent to such Optimisation Changes.

5. In addition to paragraph 4, if you agree to provide Netregistry with FTP Access to Your Web Site (but not otherwise), you expressly grant to Netregistry a licence to cache the file and content of Your Web Site, including data and content supplied by you and/or third parties, whether or not Your Web Site is hosted by Netregistry's Supplier. You agree that you shall be responsible for obtaining any agreements and/or consents required of any third party in connection with the grant of this licence to Netregistry. You also agree that any such caching is not an infringement of any of your intellectual property rights or any third party's intellectual property rights.

6. In the event that you do not agree to provide Netregistry with FTP Access, Netregistry agrees that any Optimisation Changes will be provided by Netregistry to you in writing.

7. Netregistry agrees to provide you with monthly written ranking reports with respect to the Agreed Keyphrase/s ("Benchmark Report").

8. All fees are non-refundable and payable in advance.

Online Marketing Services

The object of Online Marketing Services is to provide some initial and ongoing advice in relation to Your Website based on agreed criteria.

Netregistry will provide the following service deliverables:

Website Audit Report Evaluates on page SEO elements. The customer will receive an overview of what current issues are found on the website.
Keyword Research Report An overview of which keywords will be optimised to rank better and get more traffic to the website.
Competitor Analysis Compares your selected keywords against three of your competitors.
Benchmark Report Benchmarking the current traffic and ranking of the website. This will be used to evaluate the success of the SEO campaign.
Enhancement Report Provides a list of Initial recommended changes to the website that Melbourne IT will implement for the customer so that Google indexes the website better leading to a better ranking for the chosen keywords.
Monthly Progress Report Reports on the monthly traffic and current ranking of the website. It will also list the pages we worked on previous month and the work we will do on the customers website in the next month.
Quarterly Audit Report Evaluates on page SEO elements. This report will provide a measure of the SEO work we have done. This includes off page work as well as resolved issues.

Netregistry will continue to assess regularly during the provision of the Services, the ranking placement of the website, and identify elements which may be improved or introduced to contribute to a higher ranking placement, or any elements which are contributing to a negative impact on the website's ranking placement and undertake Implemented Recommendations on an ongoing basis.

Netregistry will also perform the following actions:

Campaign Brief A discussion about your business will help form the basis of your Campaign Brief.
Approved Keywords A review of Melbourne IT's suggested keywords for your approval.
Optimisation Strategy A discussion on the enhancement report and the suggested strategy for your campaign.
Periodic Reviews Netregistry will discuss progress and strategy on an as needed basis as your campaign progresses.

Netregistry will create a backup of the site prior to performing Implemented Recommendations. If you so requests, Netregistry will roll-back Implemented Recommendations.

  1. The minimum total cost of the Premier Advantage 2.0 hosting plan Yearly Payment option is $7,844. Upfront payment of 12-month contract is required and is non-refundable if you terminate the service before the end of the term.
  2. The Monthly Payment option is a month-by-month contract, which can be terminated on one month's notice.
  3. Pricing of this hosting plan excludes any Domain Name Registration charges imposed by domain name registration authorities.
  4. If you register a new domain name through Netregistry at the same time as signing up for this service, the Product Terms of our Domain Name Registration service also apply. Please read our Domain Name Registration Product Terms carefully.
  5. If you are utilising the SiteBuilder Basic web site building tool with this hosting plan, the Product Terms of the SiteBuilder Basic service also apply. Please read our SiteBuilder Basic Product Terms carefully.
  6. This hosting plan supports a number of different payment gateways, however, Netregistry prefers and recommends either Dialect or eWAY. Please contact our Technical Support department on 1800 800 099 (ext. 2) if you wish to use an alternative payment gateway provider to confirm that it is supported on this hosting plan.
  7. If your web site's data transfer exceeds the allocated amount per month, a fee will be charged for the excess traffic according to the Lowest IP data traffic model. Netregistry will charge you $0.099 per MB (rounded up) per month for either:
    (a) data transferred from your site over 80GB; or
    (b) all incoming data delivered to your site;
    whichever is the lesser. In addition and separate to the charges above, if the ratio of the outgoing data to incoming data exceeds 6:1 and outgoing data exceeds 1TB, Netregistry will charge you for all outgoing data sent in excess of the 6:1 ratio at $0.099 per MB per month.
  8. The server space that is included with this plan is calculated by adding the monthly average of your web site storage and the monthly average of storage of all your mailboxes under this account.
  9. Once your server space exceeds the allocated limit, an additional fee of $0.099 per extra MB per month is charged.
  10. POP mailboxes are provided at no additional cost as part of your hosting plan and are not subject to any service levels.
  11. If you require specific ColdFusion tags to be enabled or Custom Tags (CFX tags) installed, you must contact our Sales Team on 1800 800 099 (ext. 1) before you sign up to ensure they are supported on this plan.
  12. Premier Advantage 2.0 hosting plan customers requiring support for a database can only have their database hosted using either the Premier SQL Add-On or MySQL Add-On and additional charges will apply.
  13. For security reasons, .NET code runs under a restricted trust level. Your code will not run with full trust rights.
  14. Customers utilising the .NET Framework (v3.5) may also utilise a Microsoft® Access database with this hosting plan. However, Netregistry prefers and recommends the use of a either a Microsoft® SQL or MySQL database with .NET-enabled web sites, and customers will be required to purchase either the SQL Add-On or MySQL Add-On and additional charges will apply.
  15. If you are an existing Netregistry customer on a pre-2.0 hosting product and would like to upgrade to the 2.0 hosting products now available, please contact our Sales Team on 1800 800 099 (ext. 1) to discuss your options. A transition fee will apply.
  16. If you request a move to an equivalent 2.0 product, you will be billed at the new price in your next invoice following the move. If you pay for your product annually, you may move to an equivalent 2.0 product (and receive the benefits of that product) during the term, however you will be will not be billed at the new price until the beginning of the next term.
  1. The minimum total cost of the Premier 2.0 hosting plan Yearly Payment option is $3,295. Upfront payment of 12-month contract is required and is non-refundable if you terminate the service before the end of the term.
  2. The Monthly Payment option is a month-by-month contract, which can be terminated on one month's notice.
  3. Pricing of this hosting plan excludes any Domain Name Registration charges imposed by domain name registration authorities.
  4. If you register a new domain name through Netregistry at the same time as signing up for this service, the Product Terms of our Domain Name Registration service also apply. Please read our Domain Name Registration Product Terms carefully.
  5. If you are utilising the SiteBuilder Basic web site building tool with this hosting plan, the Product Terms of the SiteBuilder Basic service also apply. Please read our SiteBuilder Basic Product Terms carefully.
  6. This hosting plan supports a number of different payment gateways, however, Netregistry prefers and recommends either Dialect or eWAY. Please contact our Technical Support department on 1800 800 099 (ext. 2) if you wish to use an alternative payment gateway provider to confirm that it is supported on this hosting plan.
  7. If your web site's data transfer exceeds the allocated amount per month, a fee will be charged for the excess traffic according to the Lowest IP data traffic model. Netregistry will charge you $0.099 per MB (rounded up) per month for either:
    (a) data transferred from your site over 40GB; or
    (b) all incoming data delivered to your site;
    whichever is the lesser. In addition and separate to the charges above, if the ratio of the outgoing data to incoming data exceeds 6:1 and outgoing data exceeds 1TB, Netregistry will charge you for all outgoing data sent in excess of the 6:1 ratio at $0.099 per MB per month.
  8. The server space that is included with this plan is calculated by adding the monthly average of your web site storage and the monthly average of storage of all your mailboxes under this account.
  9. Once your server space exceeds the allocated limit, an additional fee of $0.099 per extra MB per month is charged.
  10. POP mailboxes are provided at no additional cost as part of your hosting plan and are not subject to any service levels.
  11. If you require specific ColdFusion tags to be enabled or Custom Tags (CFX tags) installed, you must contact our Sales Team on 1800 800 099 (ext. 1) before you sign up to ensure they are supported on this plan.
  12. Premier 2.0 hosting plan customers requiring support for a database can only have their database hosted using either the Premier SQL Add-On or MySQL Add-On and additional charges will apply.
  13. For security reasons, .NET code runs under a restricted trust level. Your code will not run with full trust rights.
  14. Customers utilising the .NET Framework (v3.5) may also utilise a Microsoft® Access database with this hosting plan. However, Netregistry prefers and recommends the use of a either a Microsoft® SQL or MySQL database with .NET-enabled web sites, and customers will be required to purchase either the SQL Add-On or MySQL Add-On and additional charges will apply.
  15. If you are an existing Netregistry customer on a pre-2.0 hosting product and would like to upgrade to the 2.0 hosting products now available, please contact our Sales Team on 1800 800 099 (ext. 1) to discuss your options. A transition fee will apply.
  16. If you request a move to an equivalent 2.0 product, you will be billed at the new price in your next invoice following the move. If you pay for your product annually, you may move to an equivalent 2.0 product (and receive the benefits of that product) during the term, however you will be will not be billed at the new price until the beginning of the next term.
  17. The uptime availability ("Uptime SLA") for this service is 99.99%. If we fail to meet the Uptime SLA, we will provide you with a credit as set out below (Service Credits are calculated against the relevant month's web hosting fees and charges only):

    Monthly Uptime Service Credit
    99.8% - 99.98% 10%
    99.6% - 99.79% 15%
    99.59% or lower 20%
  1. The minimum total cost of the Professional 2.0 hosting plan Yearly Payment option is $1,029 (without IP Address) or $1,079 (with IP Address). Upfront payment of 12-month contract is required and is non-refundable if you terminate the service before the end of the term.
  2. The Monthly Payment option is a month-by-month contract, which can be terminated on one month's notice.
  3. Customers requiring an IP Address with the Professional 2006 plan will incur a set-up fee of $50. Please select the 'Professional 2006 (with IP)' option on the Sign Up form. Should an IP Address be required with the Professional 2006 plan after the account has been provisioned, a transition fee of $135 will also be incurred.
  4. Pricing of this hosting plan excludes any Domain Name Registration charges imposed by domain name registration authorities.
  5. If you register a new domain name through Netregistry at the same time as signing up for this service, the Product Terms of our Domain Name Registration service also apply. Please read our Domain Name Registration Product Terms carefully.
  6. If you are utilising the SiteBuilder Basic web site building tool with this hosting plan, the Product Terms of the SiteBuilder Basic service also apply. Please read our SiteBuilder Basic Product Terms carefully.
  7. This hosting plan supports a number of different payment gateways, however, Netregistry prefers and recommends either Dialect or eWAY. Please contact our Technical Support department on 1800 800 099 (ext. 2) if you wish to use an alternative payment gateway provider to confirm that it is supported on this hosting plan.
  8. If your web site's data transfer exceeds the allocated amount per month, an additional fee of $0.077 per extra MB per month is charged.
  9. The server space that is included with this plan is calculated by adding the monthly average of your web site storage and the monthly average of storage of all your mailboxes under this account.
  10. Once your server space exceeds the allocated limit, an additional fee of $0.099 per extra MB per month is charged.
  11. POP mailboxes are provided at no additional cost as part of your hosting plan and are not subject to any service levels.
  12. If you require specific ColdFusion tags to be enabled or Custom Tags (CFX tags) installed, you must contact our Sales Team on 1800 800 099 (ext. 1) before you sign up to ensure they are supported on this plan.
  13. Professional 2.0 hosting plan customers requiring support for a database can only have their database hosted using either the Standard SQL Add-On or MySQL Add-On and additional charges will apply.
  14. For security reasons, .NET code runs under a restricted trust level. Your code will not run with full trust rights.
  15. Customers utilising the .NET Framework (v3.5) may also utilise a Microsoft® Access database with this hosting plan. However, Netregistry prefers and recommends the use of a either a Microsoft® SQL or MySQL database with .NET-enabled web sites, and customers will be required to purchase either the SQL Add-On or MySQL Add-On and additional charges will apply.
  16. If you are an existing Netregistry customer on a pre-2.0 hosting product and would like to upgrade to the 2.0 hosting products now available, please contact our Sales Team on 1800 800 099 (ext. 1) to discuss your options. A transition fee will apply.
  17. If you request a move to an equivalent 2.0 product, you will be billed at the new price in your next invoice following the move. If you pay for your product annually, you may move to an equivalent 2.0 product (and receive the benefits of that product) during the term, however you will be will not be billed at the new price until the beginning of the next term.
  1. A 10MB storage limit applies to the use of the File and Image Manager. Once your file and image storage space exceeds the allocated limit, an additional fee of $0.099 per extra MB per month is charged.
  2. You must comply with applicable privacy and spam legislation, and our Acceptable Use Policy regarding the sending of bulk email.
  1. Only one trial account permitted per email address.
  2. The total number of emails sent during the trial period cannot exceed 100.
  3. Each campaign may only be sent to a maximum of 10 recipients at any one time.
  4. A 10MB limit applies to the use of the File and Image Manager. Should your file and image storage usage exceed the allocated limit at any time during the trial period, an additional fee of $0.099 per extra MB may be charged.
  5. At the conclusion of the trial period, your account will be terminated and you will no longer have access to any data (including any databases, email content, files, images or otherwise) which has been entered into the Promotions Manager interface. The contents of your trial account cannot be migrated over to the 'paying' version of the product should you wish to sign up for Promotions Manager at the end of the trial period.
  6. Should you wish to sign up as a 'paying' Promotions Manager customer at any time during or at the conclusion of the trial period, you must contact Netregistry's Sales Team on 1800 800 099 (ext. 1) to discuss creating an account with us.
  7. You must comply with applicable privacy and spam legislation, and our Acceptable Use Policy regarding the sending of bulk email at all times during the trial period.

Customers who purchase a Database on the SQL Shared Platform must agree to the following terms and conditions in addition to the Netregistry Standard Terms and Conditions which may be viewed at https://www.netregistry.com.au/legals/.

1. Provisioning

1.1 All new databases requested will be created on an SQL 2008 server (according to the product purchased). A job response in Mission Control will provide details of login credentials, database name and server name.

1.2 Existing SQL 2000 and 2005 databases will continue to be supported but no new requests will be accepted for SQL 2000. For policies relating to older versions of SQL, see from clause 4 below.

2. Charges for SQL 2008

2.1 A Set-up Fee of AUD$49 will apply to all new SQL 50 to 750 MB databases (available to Economy and above hosting levels).

2.2 A Set-up Fee of AUD$99 will apply to all new 1GB to 3 GB SQL Server databases.

2.3 A monthly management fee will apply to all new SQL server databases.

Database Size Monthly Setup
<50 MB $15 $49
51 - 250 MB $29 $49
251 - 750 MB $49 $49
751 - 1 GB $75 $99
1 GB - 2GB $99 $99
>2 GB - 3GB $149 $99

3. Product Features for SQL 2008

3.1 SQL Service customers receive the following features:

  • (a) A maximum single database up to 3GB (including both data and transaction log space);
  • (b) Customers requiring more databases will be subject to additional charges set out in 2.3 above;
  • (c) Supports 30 simultaneous user connections.

3.2 Customers whose databases exceed the number of user connections will have their excess connections automatically terminated. Netregistry takes no responsibility for problems caused by the termination of excessive user connections, however notification will be provided via an automated job logged in Mission Control.

3.3 To comply with Microsoft Licensing Terms and conditions, the database may be used only to support public and Internet accessible

  • Web pages
  • Web sites
  • Web applications
  • Web services

It may not be used to support line of business applications (e.g., Customer Relationship Management, Enterprise Resource Management and other similar applications).

3.4 SQL Replication is not supported by Netregistry on the Shared SQL 2008 platform, however the database can be used as a subscriber. Setup, configuration and monitoring of the database as a subscriber is the responsibility of the customer.

3.5 Netregistry will only supply a hosting environment, not a testing environment. Customers hosting SQL databases should run the database in a similar environment in their premises and test off line.

3.6 Full-text search support is provided for character-based data. The Full-Text Search facilities can be used to create special indexes of all pertinent words in selected columns of selected tables. Administration of full-text indexes can be managed either through SQL Server Management Studio or through a set of stored procedures.

3.7 The following features are not supported on the SQL 2008 Shared platform:

  • CLR Runtime
  • Scheduled SQL Agent Jobs
  • Service Broker
  • Database Mail
  • HTTP/SOAP Endpoints
  • SQL Reporting Services
  • Access to OLE Automation stored procedures
  • SQL Server Integration Services

4. Policies applying to legacy SQL products

4.1 SQL Replication is not supported.

4.2 Netregistry will only supply a hosting environment, not a testing environment. Customers hosting SQL databases should run the database in a similar environment in their premises and test offline.

4.3 Customers with workloads that detrimentally impact other customers on the SQL server will have their databases moved to a tuning server environment. Netregistry will give prior notice of the move if practicable. The customer will have two weeks to tune their SQL workload on the tuning server failing which the service may be suspended or terminated. The customer's database will be moved back to the SQL environment only after the workload has been tuned to Netregistry's satisfaction.

4.4 Applying to SQL Lite, Standard SQL and Premier SQL only: Full-text search support is provided for character-based data on SQL servers. The Full-Text Search facilities can be used to create special indexes of all pertinent words in selected columns of selected tables. Administration of full-text indexes can be managed either through SQL Server Enterprise Manager (for SQL 2000 databases), SQL Server Management Studio (for SQL 2005 and SQL 2008 databases) or Full-Text system stored procedures. The space taken up by the Full-Text Search indexes is included in the space quota for your site.

  • As part of the migration process to SQL 2008, Netregistry will migrate any database(s) (through a backup and restore process) and confirm that the database has been moved successfully. Netregistry will confirm integrity of the source backup and then remap account logins, however it will be customers responsibility to complete testing (including validation) of all data and objects (such as stored procedures) to ensure that their applications continue to work as required.

5. Policies Applying to Instance Dedicated SQL Services (IDQ)

5.1 The IDQ server environment permits a SQL workload limit of 60 SQL statements per second. Customers who exceed the SQL workload limit for their SQL instance will be advised to tune their application and reduce the SQL workload below the above specified limit. The requested tuning must be actioned within two working days of being advised by Netregistry. 5.2 Customers with SQL workloads that detrimentally impact other customers on the IDQ server will have their databases moved to a SQL tuning server environment. Netregistry will give prior notice of the move if practicable. The customer will then be given two weeks to tune their SQL workload on the SQL tuning server failing which the service may be suspended or terminated. Once the offending SQL workload has been tuned to Netregistry's satisfaction the databases will be moved back to the IDQ environment.

5.2 Netregistry will only supply a hosting environment, not a testing environment. Customers hosting SQL databases should run the database in a similar environment in their premises and test off line.

5.3 Full-text search support is provided for character-based data on IDQ servers. The full-text search facilities can be used to create special indexes of all pertinent words in selected columns of selected tables. Administration of full-text indexes can be managed either through SQL Server Enterprise Manager (for SQL 2000 databases), SQL Server Management Studio (for SQL 2005 databases), or Full-Text system stored procedures. The space taken up by the full-text search indexes is included in the space quota for your site.

6. Policies Applying to MySQL

6.1 Two (2) database users are provided with each database for application and administrative use. An additional 8 (to bring the number of users to a maximum of 10) per database will be permitted.

6.2 A web-based interface for the MySQL databases will be provided, at no extra charge and maintained by the technical departments, as a means of managing the database.

6.3 Connections from external networks and use of client software packages other than those provided by the hosting platform are not supported for security and interoperability reasons.

6.4 InnoDB/Berkeley DB table types are not supported.

  1. The SQL Add-On is only available for use with the Economy, Business, Professional, Premier, Premier Advantage and Premier G web hosting plans.
  2. Customers enabling the SQL Add-On will have the choice of having their database created on either a Microsoft SQL 2005 or a SQL 2008 server at the time of adding the product via Mission Control.
  3. Additional SQL disk space for use with the SQL databases can be purchased at the rate of $0.40 per MB per month by logging a job in your Mission Control panel.
  4. Customers whose databases exceed the number of user connections permitted for their level will have their excess connections terminated without notice. Netregistry takes no responsibility for loss of data or any other problems caused by the termination of excessive user connections.
  5. We provide a hosting environment - not a testing environment. Customers hosting Microsoft SQL or MySQL databases should be running the database in a similar environment in their premises and testing offline.
  6. Customers must adhere to the SQL Policy which includes recommended best practices guidelines. Netregistry takes no responsibility for any problems caused by failure to observe the SQL Policy.
  1. Domain Specific SSL Keys require a stand-alone IP Address to which the SSL key can be attached, and are available for use by customers hosting on Economy plan, Business plan or Premier plan.
  2. Netregistry provisions digital certificates via its parent company, Melbourne IT Limited. If you are purchasing or renewing a digital certificate or seal, you agree you accept Melbourne IT Limited's Digital Certificate Terms and Conditions, in conjunction with the relevant terms and conditions of the Certification Authority (e.g. GeoTrust, Symantec, Thawte, Rapid SSL) which are located here (under the heading 'Website Security ‐ Supplier (CA) Terms & Conditions').

Date: March 2013

These are the terms and conditions of supply of Netregistry's Search Engine Marketing Services, provided via its parent entity Melbourne IT Ltd ("Melbourne IT") or its related company Advantate Pty Ltd ("Advantate") as a supplier (as applicable). Search Engine Marketing Services are offered from time to time on Netregistry's web site at www.netregistry.com.au ("Netregistry Website") and/or the Proposal (as defined in clause 1.1.2 below) (collectively, the "Services", each individually a "Service").

These terms and conditions apply to the Services supplied (i) to those certain existing customers invoiced by Melbourne IT, and all new Netregistry customers, or (ii) to those existing customers invoiced by Advantate.

Please read this Agreement carefully. It is a condition of your use of the Services that you ("you") comply with the terms and conditions of this Agreement.

1. Terms and Amendment Procedure

1.1 This Agreement comprises, in order of priority, highest to lowest:

1.1.1 the terms and conditions of this Agreement; and

1.1.2 (where provided) the Netregistry online marketing proposal ("Proposal").

1.2 In addition to the terms of this Agreement, your use of the Services is also subject to:

1.2.1 the Netregistry Standard Terms & Conditions (excluding clauses 2.4, 2.5 and 2.6); and

1.2.2 the terms and conditions of (i) Google AdWords located at https://adwords.google.com/select/tsandcsfinder, and (ii) Yahoo! Search Marketing located at http://searchmarketing.yahoo.com/en_AU/legal/piterms.php.

1.3 This Agreement commences on the date upon which Netregistry confirms to you by email or any other written medium that Services have been commenced or activated ("Commencement Date").

1.4 The terms of this Agreement constitute the agreement between Netregistry and you in its entirety for the Services, and supersede all prior agreements.

1.5 Any reference in this agreement to Netregistry's 'supplier' is a reference to any third party service provider of Netregistry (a "Supplier"), if and to the extent a Supplier is supplying any part of the Services to you on behalf of Netregistry, including without limitation either Melbourne IT or Advantate (as applicable).

2. Services

2.1 The Services shall be provided to you from the Commencement Date for the minimum period specified, or, if no minimum period was specified, for 12 months from the Commencement Date for Search Engine Optimisation ("SEO") services and 3 months for Pay Per Click ("PPC") services ("Initial Period").

2.2 Prior to or upon the Commencement Date, you and Netregistry shall agree on the key phrase or keyphrases (depending on the Services that you have elected to obtain from Netregistry) in respect of which Netregistry will provide the Services (as the context requires, depending on the Services that you have elected to obtain from Netregistry "Agreed Keyphrase/s").

2.3 On expiry of the Initial Period, the Services will be automatically extended by one month ("Additional Period") and then continue on a monthly basis without notice to you, unless either party provides notice of cancellation to the other 30 days prior to expiry of the Initial Period or relevant Additional Period (as applicable). The Initial Period and each Additional Period are referred to as the "Service Period".

2.4 You agree to provide Netregistry with any information, material, excerpts of or links from or to any content ("Your Website Information") on Your Website reasonably requested by Netregistry, to assist Netregistry with providing the Services to you.

3. Billing and Payment

3.1 The following terms supersede the terms set out in clause 3 of the Netregistry Standard Terms and Conditions:

3.1.1 You must pay for the Services in accordance with the prices and charges published on the Netregistry Website or in the Proposal (as applicable, and as amended from time to time in accordance with clause 1.5 of the Standard Terms and Conditions).

3.1.2 You must pay all prices and charges for the Services and other amounts incurred by you or any designated users or incurred as a result of any use of the Services (whether authorised or not) in accordance with the billing provisions specified on the Netregistry web site or in the Proposal

3.1.3 Prices and charges published on Netregistry's Web Site or in the Proposal are inclusive of any government taxes or charges unless otherwise stated.

3.1.4 Netregistry will bill the then-current renewal fee for any Additional Period to the same credit card or credit line your original fee was billed to, or to the current credit card we have on our files (or same bank account if payment is via direct debit).

3.1.5 You authorise Netregistry (or its Supplier) to obtain from and give to credit reporting agencies and other credit providers certain information about you so that we may manage your account with us. This information may include personal details such as your name, address, date of birth, company details and address, credit history and creditworthiness, credit standing with us and credit capacity. We reserve the right to refuse your application for, monitor ongoing usage of, or restrict your access to the Services on the basis of our assessment of credit information relating to you. You are entitled to see and correct any credit information we hold about you. You also authorise us to exchange information about you and your account with us to our suppliers, agents and contractors, and use that information for account management and business planning.

3.1.6 You acknowledge that PPC fees include a direct search engine fee component for Google AdWords and Yahoo! Search Marketing ("Ad Spend") and our service and administration charges. The amount of funds available for Ad Spend is defined and agreed to in the Proposal ("Budget"). Budget can be changed at any time by written agreement between you and Netregistry.

3.1.7 Unless otherwise stated, all fees are payable in advance and non-refundable.

3.1.8 If we have invoiced you in arrears for any Services, and you fail to pay the charges in any invoice by the due date specified in any applicable billing provisions or the invoice ("Unpaid Charges"), in addition to any other rights under this Agreement, Netregistry may charge you interest and you agree to pay, on demand by Netregistry, interest on the Unpaid Charges at the Applicable Rate from the date the Unpaid Charges became due until those Unpaid Charges are paid to Netregistry in full. For the purposes of this clause, "Applicable Rate" means the Reserve Bank's Official Cash Rate (as published in the Australian Financial review at the time the Unpaid Charges become due).

3.1.9 You agree that in the event of any action being taken by Netregistry to recover any overdue amount due to it under this Agreement, as evidenced for example by, without limitation, your credit card company notifying Netregistry of you disputing the payment of, or refusing to pay such charge, or where your credit card payment has been declined or reversed, any costs incurred by Netregistry in recovering the debt (including, without limitation, any legal expenses (on a solicitor/client basis), collection agency charges or any other reasonable associated costs incurred by Netregistry) are payable by you to Netregistry and shall be recoverable by Netregistry as a separate debt.

4. Your Warranties

4.1 You warrant that:

4.1.1 you are at least 18 years of age;

4.1.2 your use of the Services will not at the Commencement Date or thereafter, infringe the intellectual property or any other rights of Netregistry, its Supplier or any third party;

4.1.3 you have the right to provide us with Your Website Information, and, if applicable, FTP Access, with respect to Your Website;

4.1.4 neither Your Website nor any of the content of Your Website (including, without limitation, Your Products and Services (if applicable), Your Website Information, and if applicable, any Optimisation Changes implemented by Netregistry or, by you or anyone on behalf of you)(collectively, "Your Website Property") will infringe the intellectual property or any other rights of any third party;

4.1.5 Your Website and Your Website Property will at all times comply with all laws required to be complied with by you;

4.1.6 you will not alter, and will procure that no other person alters, any element of the content of Your Web Site, whether textual, structural, graphical or other, including, but not limited to, source code, at any time during the Service Period, without Netregistry's prior written consent.

4.1.7 Your Web Site and use of the Supplier services contemplated under this Agreement complies with all relevant policies of those third parties (for example, without limitation, you comply with the Google policies in relation to use of its AdWords service).

5. Our General Disclaimer of Warranties

5.1 To the extent permitted by law, neither Netregistry nor its Supplier, nor any employees, affiliates, agents, suppliers, third-party information providers, merchants, licensors nor the like (each a "Relevant Party") of either Netregistry or the Supplier, make any warranties of any kind, either expressed or implied, statutory or otherwise, as to the performance of the Services (including without limitation, any software related thereto) or in any way to the subject matter of this Agreement, including, but not limited to, warranties of merchantability or fitness for a particular purpose, or non-infringement for the Services or any equipment provided, and all such warranties are hereby excluded.

5.2 Netregistry agrees to use all reasonable efforts to provide the Services to you. However, in addition to clause 5.1 of the Standard Terms and Conditions, you acknowledge to, and agree with, Netregistry, that nothing in this Agreement shall constitute an express or implied warranty or guarantee by any Relevant Party of either Netregistry or its Supplier:

5.2.1 concerning the results or success that may be obtained from the use of the Services;

5.2.2 concerning any increase in revenue, profit or goodwill that may be obtained as a consequence of you using the Services (including, for the avoidance of doubt, any increase in revenue, profit or goodwill in connection with any products and/or services that you may determine to offer for supply, or supply via your web site, the Internet or otherwise ("Your Products and Services"));

5.2.3 as to the accuracy, reliability or content of any information services or merchandise contained in or provided through the Services, or, for the avoidance of doubt, any information provided by Netregistry or its Supplier in any advice, report or communication to you or any other party;

5.2.4 that the provision of the Services will result in the ranking of Your Website improving; and/or

5.2.5 that the provision of the Services will result in an increased amount of traffic or users to Your Website; and/or

5.2.6 concerning any market conditions (whether favourable or not) that may be in existence at the Commencement Date will continue; and/or

5.2.7 that the provision of the Services generally, or any software utilised by Netregistry to provide the Services, will not be subject to, or result in, either errors and/or delays.

5.3 You acknowledge that although Netregistry may suggest Optimisation Changes to you in connection with providing the Services, Netregistry cannot and does not, nor does any Relevant Party, take any responsibility for Your Website or Your Website Property. Accordingly, you agree that you shall at all times be solely responsible for Your Website and Your Website Property notwithstanding the provision of the Services to you by Netregistry or its Supplier.

5.4 Without limiting the above, you acknowledge that Netregistry's Services may require Netregistry to use, interface with or input information into Supplier's systems (including without limitation companies such as Google and Yahoo!) and you agree that Netregistry has no liability to the extent that the Supplier is unable to provide its services to you.

6. Indemnity

6.1 The following terms supersede the terms set out in clause 4.3 of the Netregistry Standard Terms and Conditions.

6.2 You will indemnify and defend Netregistry and its Supplier and all directors, officers, employees, and agents of Netregistry and its Supplier (each an "Indemnified Party") from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative) and expenses (including but not limited to reasonable legal fees) incurred by any Indemnified Party arising out of, or directly or indirectly relating to:

6.2.1 Your Website; and/or

6.2.2 Your Website Property; and/or

6.2.3 Netregistry's role as your agent (and any action or inaction by Netregistry as part of that role); and/or

6.2.4 any breach of this Agreement by you; and/or

6.2.5 the use or misuse of the Services by you or any person using your account; and/or

6.2.6 publication of defamatory, offensive or otherwise unlawful material on any of Your Websites or in Your Products and Services.

Such claims shall include, but shall not be limited to, claims based upon trademark, service mark, trade name, copyright and patent infringement, trademark dilution, tortious interference with contract or prospective business relations, unfair competition, restrictive trade practices, misleading statement, misleading or deceptive conduct, breach of contract, defamation or injury to reputation, or other injuries or damage to business.

7. Limitation of Liability

7.1 The liability of Netregistry and its Supplier for loss or damage is limited in accordance with clause 5 of the Netregistry Standard Terms and Conditions.

7.2 Netregistry acknowledges that some jurisdictions do not allow the exclusion or limitation of warranties or incidental or consequential damages, so that the limitations and exclusions in clause 5 of the Standard Terms and Conditions may not apply to you. In such jurisdictions, the liability of Netregistry and its Supplier (and the liability of any Relevant Party) shall be limited to the greatest extent permitted by applicable law.

8. Intellectual Property

8.1 You acknowledge that all right, title and interest in any and all:

8.1.1 technology, including the software;

8.1.2 any documentation and material that is part of or provided with the Services; and

8.1.3 any know-how, trademarks or service marks of Netregistry or its Supplier, (collectively, "Our Intellectual Property") is vested in Netregistry, its Supplier and/or the licensors of Netregistry or its Supplier (as the context requires).

8.2 Unless otherwise specifically provided in this Agreement, you agree that you shall have no right, title, claims or interest in or to Our Intellectual Property.

8.3 You may not copy, modify or translate any of Our Intellectual Property or related documentation, or decompile, disassemble or reverse engineer any of Our Intellectual Property, to use it other than in connection with the Services, or grant any other person or entity the right to do so.

8.4 Unless otherwise specifically permitted by this Agreement, you are not authorised to distribute or to authorise others to distribute any of Our Intellectual Property in any manner without the prior written consent of Netregistry and/or its Supplier (as the context requires); provided, however, that nothing in this clause 8.4 shall preclude you from using Our Intellectual Property as incorporated in the Services. This clause 8.4 shall not operate to extinguish, restrict, vary, waive or affect in any manner whatsoever any right, title or interest which you may now have or hereafter acquire in, or in relation to, the third-party software that is part of or provided with the Services solely to the extent such third-party licensors publicly provide such rights, title or interest in the third-party software to you.

9. Confidential Information

9.1 You acknowledge that, in the course of the performance of this Agreement, you may have access to information and communications, including proprietary information claimed to be unique, secret, or confidential, and which constitutes the exclusive property and trade secrets of Netregistry or its Supplier ("Confidential Information"). You agree to maintain the confidentiality of the Confidential Information and to use the Confidential Information only to the extent necessary for legitimate business uses in connection with this Agreement.

9.2 Upon request of Netregistry or on termination or expiration of this Agreement, you shall return the Confidential Information of Netregistry or its Supplier then in your possession to Netregistry or its Supplier. Nothing in this Agreement shall prohibit or limit your use of information which (a) is now, or hereafter becomes, publicly known or available through lawful means; (b) is rightfully in your possession, as evidenced by your records; (c) is disclosed to you without confidential or proprietary restriction by a third party who rightfully possesses and rightfully discloses the information; (d) is independently developed by you without any breach of this Agreement; (e) is the subject of a written permission to disclose provided by Netregistry and/or its Supplier (as the context requires); or (f) is required by law to be disclosed.

10. Force Majeure

Neither Netregistry nor its Supplier shall be liable for failure or delay in performing its obligations under this Agreement if such failure or delay is due to circumstances beyond its reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labour disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Services.

11. Suspension or Termination

11.1 The following terms are in addition to those set out in clause 6 of the Netregistry Standard Terms and Conditions. To the extent of any inconsistency or conflict occurring between clause 6 of the Netregistry Standard Terms and Conditions and these terms, these terms will prevail in respect of that conflict only).

11.2 In addition to any other rights under this Agreement, Netregistry may suspend or terminate this agreement and cease providing the Services to you:

11.2.1 if you breach any term of this Agreement and (if capable of remedy) fail to remedy that breach within 14 days of receipt of a notice from Netregistry requiring you to remedy that breach;

11.2.2 if any of the following events occur:

11.2.2.1 you become insolvent or are otherwise unable to pay its debts as and when they fall due;

11.2.2.2 you (or any third party) institutes any insolvency, receivership or bankruptcy proceedings with respect to you, for the settlement of your debts;

11.2.2.3 you make a general assignment for the benefit of creditors;

11.2.2.4 you cease to conduct business;

11.2.2.5 Netregistry is requested to do so by a third party; or

11.2.2.6 Netregistry has elected to cease providing the Services to you for any reason whatsoever.

Notwithstanding any suspension of any Service under this clause 11.2, you shall remain liable for all charges due at the commencement of the suspension period throughout the period of suspension.

11.3 In addition to any other obligation under this Agreement, if Netregistry terminates this Agreement:

11.3.1 you must pay all outstanding charges to Netregistry immediately; and

11.3.2 any licence issued to or by you in relation to the Services will cease from the date of termination.

12. Cancellation and Exit Fee

12.1 The following terms are in addition to those set out in clause 6 of the Netregistry Standard Terms and Conditions. To the extent of any inconsistency or conflict occurring between clause 6 of the Netregistry Standard Terms and Conditions and these terms, these terms will prevail in respect of that conflict only)..

12.2 You may cancel the Services within four business days of the Commencement Date.

12.3 Where you have cancelled any Services pursuant to clause 12.2, Netregistry will refund you for any other payments you have previously paid to Netregistry with respect to the Services and this Agreement shall automatically terminate.

12.4 You may cancel the Services after the Initial Period and each Additional Period by providing notice in writing 30 days prior to expiry of the Initial Period or Additional Period (as applicable).

12.5 If you cancel the Service during the Term, you must pay to Netregistry the "Exit Fee" within 30 days of cancellation. The Exit Fee is calculated as follows: Exit Fee = (Services Fee × Number of weeks remaining in Term) + Total Number of weeks in the Initial Period

13. Miscellaneous

13.1 In the event it is necessary for Netregistry to enforce its rights under this Agreement, you agree to pay all fees reasonably incurred by Netregistry (including, but not limited to, legal fees and collection agency fees).

13.2 This Agreement shall be binding upon and inure to the benefit of you, your respective successors and assigns.

13.3 If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of this Agreement shall remain in full force and effect.

Specific Additional Terms

The following specific additional terms apply to the products and services indicated below.

Search Engine Optimisation

1. You agree that Netregistry may from time to time during the Service Period, propose changes to any website owned or operated by you in respect of which the Services are being provided ("Your Website"), including, without limitation, to suggest adjustments to Your Website in the event that search engine algorithms change, and which Netregistry considers might assist you in improving the ranking of Your Web Site (each an "Optimisation Change", collectively, "Optimisation Changes").

2. You hereby authorise Netregistry to develop a link exchange program whereby links to and from Your Website, and other web sites and/or industry guides and/or directories, are established, and you hereby appoint Netregistry as your agent for this purpose. Netregistry agrees to use all reasonable commercial endeavours to ensure that Netregistry does not insert links to and from Your Website to or from obscene, defamatory or sexually explicit websites and/or industry guides and/or directories.

3. Netregistry agrees that it will not, and will not recommend that you cloak any pages or hide same colour content on same colour background or otherwise knowingly use spam methods in an attempt to improve the ranking of Your Website in connection with the provision of the Services.

4. The following paragraphs 5, 6, and 7 will only apply if the Proposal includes implementation by Netregistry. If the Proposal does not include implementation by Netregistry, Netregistry agrees to provide you with a Benchmark Report/s (as defined in paragraph 8 below) and Optimisation Change recommendations in writing in accordance with your Proposal.

5. If you agree to provide Netregistry with FTP (file transfer protocol) access ("FTP Access") to Your Web Site, Netregistry agrees not to make any Optimisation Changes to Your Web Site, without your prior written consent to such Optimisation Changes.

6. In addition to paragraph 2, If you provide Netregistry with FTP Access to Your Website you expressly grant to Netregistry a licence to cache the file and content of Your Website, including data and content supplied by you and/or third parties, whether or not Your Website is hosted by Netregistry's Supplier. You agree that you shall be responsible for obtaining any agreements and/or consents required of any third party in connection with the grant of this licence to Netregistry. You also agree that any such caching is not an infringement of any of your intellectual property rights or any third party's intellectual property rights.

7. In the event that you do not agree to provide Netregistry with FTP Access, Netregistry agrees that any Optimisation Changes will be provided by Netregistry to you in writing.

8. Netregistry agrees to provide you with monthly written ranking reports with respect to the Agreed Keyphrase/s ("Benchmark Report").

Pay-Per-Click Campaign Setup or Pay-Per-Click Management

The object of PPC Campaign Setup and PPC Management Setup is to:

  • in the case of PPC Campaign Setup, allow you to test the performance of;
  • in the case of PPC Management Setup, assist you to refine your use of;

PPC marketing services offered by Google and Yahoo!, using the experience of Netregistry (and its Supplier) to assist with the process.

PPC Campaign Setup and PPC Management Setup are provided as standard where you have purchased any of Netregistry's standard PPC services. Where you have purchased PPC Campaign Setup only, certain elements of these specific additional terms will not apply to you, as specified.

Prior to or upon the Commencement Date, you and Netregistry shall agree on:

  • the keywords in respect of which Netregistry will provide the Services ("Agreed Keywords"); and
  • the budget for the campaign. Budget conditions as follow (not applicable where you have only purchased PPC Campaign Setup):
  • minimum Ad Spend contribution of AUD $800 per month. Netregistry charges as a commission 30% of this Ad Spend contribution amount, which is a separate fee to any account management fees
  • 10% variance to take into account any reconciliation time as required by Google and Yahoo!

There are a number of initial steps you also need to take to participate in a PPC campaign (which you may have already done) including adding any required code to Your Website (for example, for the purpose of tracking click through rates).

You appoint Netregistry as your agent for the purposes of:

  • creating an account with Google or Yahoo! as requested;
  • agreeing on your behalf to the terms and conditions applicable to those accounts;
  • paying for any charges applicable to those accounts using the credit card information you provided to Netregistry;
  • adding, deleting or modifying keywords and advertising copy (only for PPC Management); and
  • altering bids (only for PPC Management).

You agree to provide Netregistry with Your Website Information as reasonably requested by Netregistry, to assist Netregistry with providing the Services to you. Where requested, you will also need to provide Netregistry with visitor statistics and webserver logs in order for Netregistry to help detect anomalies relevant to the Services under this Agreement.

In the event you have purchased PPC Campaign Setup only, and do not, within six (6) months from the earlier of the date on which the fees are paid to Netregistry or the Commencement Date, assist Netregistry and finalise the service, any fees paid will be forfeited and the service automatically terminated by Netregistry.

Netregistry will enter the information agreed with you into the Google or Yahoo! interface. Subject to clause 12.5 of the Search Engine Marketing Services Terms and Conditions, you may terminate the service at any time by one (1) months prior written notice. Where you have only purchased PPC Campaign Management, Netregistry will enter the information agreed with you into the Google or Yahoo! interface and review the performance of that information for one (1) week. After that week, Netregistry will report to you the results of the campaign and Netregistry's obligations will terminate.

  1. The SiteBuilder Advanced Add-On is only available for use with the Economy, Business, Professional, Premier, Premier Advantage, Education Advanced and Premier G web hosting plans. If you are hosting on the Easy Start plan or on one of Netregistry's legacy hosting plans, you will need to transition to the "new" Economy hosting plan or above and additional charges may apply to complete the transition.
  2. SiteBuilder Advanced is an 'add-on' product supplied to Netregistry by a third party supplier.
  3. You acknowledge that Netregistry is acting as a reseller of the SiteBuilder Advanced Add-On and is not the agent, partner or joint venturer of the supplier of the SiteBuilder Advanced Add-On services to Netregistry.
  4. Netregistry provides the SiteBuilder Advanced Add-On 'as-is' and without any warranty of any kind, whether express or implied, including that SiteBuilder Advanced will meet your requirements or perform to a certain standard.
  5. Netregistry accepts no liability for any loss or damage caused, directly or indirectly, as a result of your use of the SiteBuilder Advanced Add-On.
  6. You are responsible for and indemnify Netregistry in respect of legal obligations you have to end-users of the SiteBuilder Advanced Add-On under any legislation, including without limitation the Privacy Act (Cth) 1998 as amended.
  7. Netregistry reserves the right to terminate or change the SiteBuilder Advanced Add-On upon 30 days notice in Mission Control.
  8. If you wish to downgrade from the SiteBuilder Advanced Add-On to the free SiteBuilder Basic inclusion, you will not be able to migrate any of the content created using the SiteBuilder Advanced Add-On and will be required to re-build your web site using SiteBuilder Basic. This is due to technical compatibility issues. No pro-rata refunds of the SiteBuilder Advanced Add-On annual fee will be payable for any unused portion of the term if you choose to downgrade before the end of the 12-month term.
  9. If you wish to deactivate SiteBuilder Basic only, all your content which you have entered into the SiteBuilder interface will be permanently erased.
  10. If your Netregistry web hosting account with which you are utilising the SiteBuilder Advanced Add-On is terminated for any reason, there will be no pro-rata refund of the SiteBuilder Advanced Add-On annual fee for any unused portion of the term.
  11. If you terminate the Netregistry web hosting account with which you are utilising the SiteBuilder Advanced Add-On, all the content which you have entered into the SiteBuilder interface will be permanently erased.
  12. If you use the e-shop component of the SiteBuilder Advanced Add-On:
    (a) You must comply with the 'PCI Standard' as required under clause 4 of Netregistry's Standard Terms & Conditions;
    (b) Additional transaction fees apply for the use of PayPal.
    (c) Netregistry will not be liable for acts or omissions of third party e-commerce payment providers such as PayPal or any other provider who may provide those services as part of the SiteBuilder Advanced Add-On. You will deal with those providers at your own risk;
    (d) You indemnify Netregistry and hold us harmless against any liability in relation to all transactions undertaken using the SiteBuilder Advanced Add-On, including in respect of claims by or in respect of services provided by payment providers.
  1. SiteBuilder Basic is supplied to Netregistry by a third party supplier.
  2. SiteBuilder Basic is a free inclusion with all 2006+ shared web hosting plans. If you are hosting on one of Netregistry's legacy hosting plans and would like to utilise SiteBuilder Basic, you will need to transition to one of our 2006+ hosting plans and additional charges may apply to complete the transition.
  3. Netregistry provides SiteBuilder Basic 'as-is' and without any warranty of any kind, whether express or implied, including that SiteBuilder Basic will meet your requirements or perform to a certain standard.
  4. Netregistry accepts no liability for any loss or damage caused, directly or indirectly, as a result of your use of SiteBuilder Basic.
  5. You are responsible for and indemnify Netregistry in respect of legal obligations you have to end-users of SiteBuilder Basic under any legislation, including without limitation the Privacy Act (Cth) 1998 as amended.
  6. Netregistry reserves the right to terminate or change SiteBuilder Basic upon 30 days notice in Mission Control.
  7. If you wish to upgrade from SiteBuilder Basic to the SiteBuilder Advanced Add-On, you can do so from within your Mission Control panel. No migration of content will be required. The SiteBuilder Advanced Add-On is not supported on the Easy Start hosting plan.
  8. If you terminate the Netregistry web hosting account with which you are utilising SiteBuilder Basic, all the content which you have entered into the SiteBuilder interface will be permanently erased.
  9. If you wish to deactivate SiteBuilder Basic only, all your content which you have entered into the SiteBuilder interface will be permanently erased.
  1. Pricing of this service excludes any Domain Name Registration charges imposed by domain name registration authorities.
  2. If you register a new domain name through Netregistry at the same time as signing up for this service, the Product Terms of our Domain Name Registration service also apply. Please read our Domain Name Registration Product Terms carefully.
  3. A $3.50 account-keeping fee per mailed invoice applies to this product. This fee does not apply if payment is made by auto-debit from credit card.
  4. SiteShop Solo has a limit of 1,500 products per store.
  5. If your SiteShop's data transfer exceeds the allocated amount per month, an additional fee of $0.077 per extra MB per month is charged.
  6. The server space that is included with this service is calculated by adding the monthly average of your SiteShop's data storage and the monthly average of storage of all your mailboxes under this account.
  7. Once your server space exceeds the allocated limit, an additional fee of $0.099 per extra MB per month is charged.
  8. Additional fees apply for using the Dialect, Symantec and eWAY live credit card gateways. Please contact Dialect, Symantec and eWAY directly for information on their fees.
  9. Additional transaction fees apply for the use of PayPal.
  10. Netregistry provides SiteShop Solo 'as-is' and without warranty of any kind, either express or implied.
  11. Netregistry will not be liable for acts or omissions of third party e-commerce payment gateway providers such as Dialect or Symantec or any other provider who may provide those services as part of the SiteShop Solo service. You will deal with those providers at your own risk.
  12. You accept full responsibility for all online transactions you originate or execute using the SiteShop Solo service with or without credit and/or debit cards.
  13. You are responsible for and indemnify Netregistry in respect of legal obligations you have to end-users of your SiteShop Solo service under any legislation, including without limitation the Privacy Act (Cth) 1998 as amended.
  14. You indemnify Netregistry and hold us harmless against any liability in relation to all transactions undertaken using the SiteShop Solo service, including in respect of claims by or in respect of services provided by payment gateway providers.
  15. You acknowledge that Netregistry is acting as a reseller of SiteShop Solo and is not the agent, partner or joint venturer of the supplier of the SiteShop Solo service to Netregistry.
  16. Netregistry will not accept any new orders for its legacy E-Commerce Services: Store Builder, iNETstore Online and Online Payment Proxy Server services, but will continue to support existing stores created using these products until 1 March 2006, after which time, the legacy E-Commerce Services will be discontinued.
  1. The SiteShop Add-On has a limit of 1,500 products per store.
  2. If your SiteShop's data transfer exceeds the allocated amount per month, an additional fee of $0.077 per extra MB per month is charged.
  3. The server space that is included with this service is calculated by adding the monthly average of your SiteShop's data storage and the monthly average of storage of all your mailboxes under this account.
  4. Once your server space exceeds the allocated limit, an additional fee of $0.099 per extra MB per month is charged.
  5. Additional fees apply for using the Dialect, Symantec and eWAY live credit card gateways. Please contact Dialect, Symantec and eWAY directly for information on their fees.
  6. Additional transaction fees apply for the use of PayPal.
  7. Netregistry provides the SiteShop Add-On 'as-is' and without warranty of any kind, either express or implied.
  8. Netregistry will not be liable for acts or omissions of third party e-commerce payment gateway providers such as Dialect or Symantec or any other provider who may provide those services as part of the SiteShop Add-On. You will deal with those providers at your own risk.
  9. You accept full responsibility for all online transactions you originate or execute using the SiteShop Add-On with or without credit and/or debit cards.
  10. You are responsible for and indemnify Netregistry in respect of legal obligations you have to end-users of the SiteShop Add-On under any legislation, including without limitation the Privacy Act (Cth) 1998 as amended.
  11. You indemnify Netregistry and hold us harmless against any liability in relation to all transactions undertaken using the SiteShop Add-On, including in respect of claims by or in respect of services provided by payment gateway providers.
  12. You acknowledge that Netregistry is acting as a reseller of the SiteShop Add-On and is not the agent, partner or joint venturer of the supplier of the SiteShop Add-On services to Netregistry.
  13. Netregistry will not accept any new orders for its legacy E-Commerce Services: Store Builder, iNETstore Online and Online Payment Proxy Server services, but will continue to support existing stores created using these products until 1 March 2006, after which time, the legacy E-Commerce Services will be discontinued.

Date: October 2011

These are the standard terms and conditions ("Terms and Conditions") of supply of the Netregistry Social Accelerator service ("Service") offered from time to time.

Please read these Terms and Conditions carefully. It is a condition of your use of the Services that you ("you" and "your") comply with these Terms and Conditions.

1. Terms and Amendment Procedure

1.1 This agreement comprises:

1.1.1 the Terms and Conditions of this agreement;

1.1.2 the Netregistry Standard Terms & Conditions; and

1.1.3 the AUP and the Privacy Policy (as each is respectively referred to in clause 4);

1.2 This agreement commences on the date upon which Netregistry confirms to you by email or any other medium that the Service has commenced ("Commencement Date").

1.3 We may vary these terms or the terms of the operation of the Service, at any time by a general notice on a page of the Internet referred to on the home page of our website at https://www.netregistry.com.au/legals/ ("Netregistry Website"). Changes that are of benefit to your will become effective upon publication of the notice. Changes that may detrimentally affect you will become effective after 30 days from publication of the change. We may at any time and without prior notice or liability to you alter the Service in the course of ongoing development of the Service.

1.4 If you use a Service after publication of any change in accordance with clause 1.3, your use will constitute acceptance of those revised terms and conditions.

1.5 These Terms and Conditions constitute the agreement in its entirety and supersede all prior agreements.

1.6 The following definitions apply to these Terms and Conditions:

"Facebook" means the online social interaction tool and website located at www.facebook.com

"Facebook Account" means an account created in your name with Facebook at www.facebook.com

"Facebook Page" means a page created via http://www.facebook.com/pages/create.php

"Supplied Content" means all data, media or content provided by you to Netregistry for the Service.

"Supplied Details" means all information supplied by you to Netregistry for the Service.

2. Services

2.1 Netregistry will use reasonable efforts to provide to you the Service, including:

2.1.1 setting-up a Facebook Page for you;

2.1.2 setting-up a Facebook Account for you (if required);

2.1.3 uploading your Supplied Content onto your Facebook Page;

2.1.4 providing a report per month for first three months (subject to you meeting certain Facebook requirements)

2.2 You agree to provide Netregistry with all requested and required information to enable Netregistry to provide the Service to you, and warrant that all Supplied Details are true and correct, and belong to you. You acknowledge that any failure by you to provide such requested information will be detrimental to Netregistry's ability to provide the Service, and Netregistry will not be responsible for any resultant failure in delivering the Service.

2.3 You appoint Netregistry to act as your agent to:

2.3.1 access and utilise Facebook for the purposes of provisioning the Service;

2.3.2 use your Supplied Details and Supplied Content for the purposes of provisioning the Service;

2.3.3 enter into to all applicable Facebook terms and conditions on your behalf, including but not limited to:

2.3.3.1 Facebook Pages Terms located at http://www.facebook.com/page_guidelines.php;

2.3.3.2 Terms of Use located at https://www.facebook.com/terms.php;

2.3.3.3 Privacy Policy located at http://www.facebook.com/about/privacy/; and

2.3.3.4 any other Facebook terms and conditions located at www.facebook.com which you are required to accept and agree to in using and accessing Facebook, as may be updated from time to time.

2.4 You shall at all times keep your Facebook Account and Facebook Page passwords and log-in details ("Password Details") secure. You agree that you are entirely responsible for when and how your Facebook Account or Facebook Page is used, including use by Netregistry in provisioning the Service in accordance with these Terms and Conditions.

2.5 You agree that you are solely responsible for all Supplied Information and Supplied Content and any use of it by Netregistry in provisioning the Service in accordance with these Terms and Conditions.

2.6 You expressly grant to Netregistry a licence to use your Supplied Details and Supplied Content in provisioning the Service, and consent to your Supplied Details and Supplied Content being published on Facebook. You agree that you shall be responsible for obtaining any agreements and/or consents required of any third party in connection with the grant of this licence to Netregistry, and you warrant that all such consents have been obtained. You also agree that any retention of Supplied Content in Netregistry's systems is not an infringement of your intellectual property rights, and warrant that it is not an infringement of the intellectual property rights of any third party.

2.7 If you have provided Supplied Content to Netregistry in hardcopy together with a stamped, self-addressed envelope, you may request Netregistry to provide you with your Supplied Content. You agree that Netregistry will otherwise not be required to provide you with hardcopies of your Supplied Content.

2.8 You acknowledge that Netregistry has no control or relationship with Facebook, and that any maintenance performed by Facebook may affect the functionality of your Facebook Account or Facebook Page. Any maintenance or modifications which result in any loss of functionality to your Facebook Account or Facebook Page are beyond Netregistry's control and is an issue between you and Facebook.

2.9 You agree that:

2.9.1 you are the owner of all Supplied Content;

2.9.2 all Supplied Details belong to you, and are true and correct;

2.9.3 you are responsible for all content displayed on your Facebook Page, and that Netregistry has no connection or responsibility either to you or any third party for any content displayed;

2.9.4 You are solely responsible for your Facebook Page;

2.9.5 use of Facebook, a Facebook Account or a Facebook Page is at your own risk, and is in no way endorsed by Netregistry;

2.9.6 Netregistry's association with your Facebook Account or Facebook Page is limited to Netregistry's creation of your Facebook Account (if required) and Facebook Page as your agent. Netregistry's association with your Facebook Account or Facebook Page will cease immediately once your Facebook Account (if required) and Facebook Page have been created and you have been notified you of the same.

3. Billing and Payment

3.1 You must pay for the Service in accordance with the prices published by Netregistry on the Netregistry Website, or as Netregistry has otherwise provided to you. Prices published on the Netregistry Website are inclusive of any government taxes or charges, unless otherwise noted. All payments for this Service are required upfront prior to any work being performed by Netregistry.

3.2 You agree that in the event of any action being taken by Netregistry to recover any overdue amount due to it under this agreement, as evidenced for example by, without limitation, your credit card company notifying Netregistry of you disputing the payment of, or refusing to pay such charge, or where your credit card payment has been declined or reversed, any costs incurred by Netregistry in recovering the debt (including, without limitation, any legal expenses (on a solicitor/client basis), collection agency charges or any other reasonable associated costs incurred by Netregistry) are payable by you to Netregistry and shall be recoverable by Netregistry as a separate debt.

4. AUP and Privacy Policy

4.1 You agree to comply with Netregistry's Acceptable Use Policy located at https://www.netregistry.com.au/legals/acceptable-use-policy/, as varied from time to time by Netregistry in accordance with clause 1.3 ("AUP").

4.2 You agree to comply with Netregistry's Privacy Policy located at https://www.netregistry.com.au/legals/privacy-policy/, as varied from time to time by Netregistry from time to time in accordance with clause 1.3 ("Privacy Policy").

4.3 You agree that Netregistry may disclose your account and other information in accordance with the AUP and Privacy Policy.

4.4 You consent to your Supplied Details and Supplied Content being displayed and made publicly available on Facebook.

5. Your Warranties

You warrant that:

5.1 you have not entered into this agreement or obtained the Service on the basis of, or in reliance on, any statement or representation (whether made orally or in writing and regardless of the medium used) made by Netregistry concerning this agreement or the Service, other than any statement or representation contained in this agreement;

5.2 you are at least 18 years of age;

5.3 you have read, understood and agree to all applicable terms and conditions located at www.facebook.com;

5.4 your use of the Service, or any Supplied Content, will not at the Commencement Date or thereafter, infringe the intellectual property or other proprietary rights of Netregistry or any third party;

5.5 you will conduct such tests and computer virus scanning as may be necessary to ensure that any data uploaded or provided to Netregistry (including but not limited to any Supplied Details or Supplied Content) by you does not contain any computer virus and will not in any way, corrupt the data or systems of any person (including, without limitation, Netregistry or Facebook); and

5.6 you will otherwise at all times act in accordance with this agreement.

6. Our General Disclaimer of Warranties

6.1 To the extent permitted by law, neither Netregistry nor any employees, affiliates, agents, suppliers, third-party information providers, merchants, licensors nor the like (each a "Relevant Party") of Netregistry, make any warranties of any kind, either expressed or implied, statutory or otherwise, relating in any way to the subject matter of this agreement, including, but not limited to, warranties of merchantability or fitness for a particular purpose, or non-infringement for the Services or any equipment provided, and all such warranties are hereby excluded.

6.2 Netregistry agrees to use all reasonable efforts to provide the Service to you. However, you acknowledge to, and agree with, Netregistry, that nothing in this agreement shall constitute an express or implied warranty or guarantee by any Relevant Party of Netregistry:

6.2.1 that the Service will be uninterrupted, error free or not subject to delays (technical or otherwise);

6.2.2 that the Service 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 Netregistry;

6.2.3 concerning the results or success that may be obtained from the use of the Service;

6.2.4 concerning any increase in revenue, profit or goodwill that may be obtained as a consequence of you using the Service; and

6.2.5 as to the accuracy, reliability, completeness or content of the Service, any information services or merchandise contained in or provided through the Service, or, for the avoidance of doubt, any information provided by Netregistry in any advice, report or communication to you or any other party.

6.3 You acknowledge and agree that no Relevant Party exercises any control over, and accepts no responsibility for, the content of the information (including, without limitation, your Supplied Content) you have provided.

6.4 You further agree that no Relevant Party shall be liable for your Supplied Content or loss of any of your Supplied Content.

7. Indemnity

You agree to indemnify, keep indemnified and hold Netregistry and all directors, officers, employees, and agents of Netregistry (each an "Indemnified Party") from and against any and all actions, claims, proceedings, losses, damages, costs and expenses (including legal fees and expenses on a solicitor/client basis) and other liabilities of whatever nature, whether foreseeable or not, and whether direct or indirect, incurred by any Indemnified Party in respect of any claim by a third party arising in connection with this agreement.

8. Limitation of Liability

8.1 To the maximum extent permitted by law, you agree that Netregistry will not be liable for any indirect, incidental, special or consequential damages, or loss of profits, goodwill, business opportunity, revenue, data or use, suffered by you or any third party, whether in an action in contract, tort or strict liability or other legal theory, even if Netregistry has been advised of the possibility of such damages.

8.2 To the maximum extent permitted by law, Netregistry's aggregate liability for all loss or damage excluded under clause 8.1 (regardless of the legal basis on which the loss or damage arises or is incurred)

8.3 You agree that 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, the liability of Netregistry for any breach of the term will, if permitted by that statute, be limited, at our option, to the re-supply of the services again payment of the cost of having the services supplied again.

8.4 We acknowledge that some jurisdictions do not allow the exclusion or limitation of warranties or incidental or consequential damages, so that the above limitations or exclusions may not apply to you. In such jurisdictions, the liability of Netregistry (and the liability of any director, officer, employee, agent, or affiliate of Netregistry) shall be limited to the greatest extent permitted by applicable law.

9. Intellectual Property

9.1 You acknowledge that all right, title and interest in any and all:

9.1.1 any documentation and material that is part of, or provided by Netregistry with, the Service; and

9.1.2 any know-how, trademarks or service marks of Netregistry,

(collectively, "Our Intellectual Property") is vested in Netregistry and/or the licensors of Netregistry.

9.2 Unless otherwise specifically provided in this agreement, you agree that you shall have no right, title, claims or interest in or to Our Intellectual Property.

9.3 You may not copy, modify or translate any of Our Intellectual Property or related documentation, or decompile, disassemble or reverse engineer any of Our Intellectual Property, to use it other than in connection with the Service, or grant any other person or entity the right to do so.

9.4 Unless otherwise specifically permitted by this agreement, you are not authorised to distribute or to authorise others to distribute any of Our Intellectual Property in any manner without the prior written consent of Netregistry; provided, however, that nothing in this clause 9.4 shall preclude you from using Our Intellectual Property as incorporated in the Service.

10. Force Majeure

Netregistry will not be liable for failure or delay in performing its obligations under this agreement if such failure or delay is due to circumstances beyond its reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labour disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Service.

11. Suspension or Termination of this agreement

11.1 In addition to any other rights of suspension or termination under this agreement, Netregistry may suspend or terminate this Service if Netregistry determines in its sole discretion that:

11.1.1 any Supplied Content to be displayed on your Facebook Page violates the AUP or infringes upon any other party's rights in any manner; or

11.1.2 any Supplied Details are not true and accurate; or

11.1.3 you have failed to comply with any provision in this agreement (including failure to pay charges due, or, for the avoidance of doubt, any provision in the AUP or Privacy Policy or any Facebook terms and conditions), 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 to the satisfaction of Netregistry; or

11.1.4 Netregistry is unable to continue offering the Service (including without limitation if Facebook prohibits Netregistry from offering the Service at all or in part).

11.2 If Netregistry terminates this agreement pursuant to sub-clauses 11.1.1, 11.1.2 or 11.1.3, Netregistry will not refund any amounts paid by you.

11.3 Where Netregistry has not yet begun provisioning the Service to you, you may cancel the Service by providing 3 days prior written notice to Netregistry. Netregistry will refund any amounts paid upfront by you for the Service in such circumstances.

11.4 Where Netregistry has begun provisioning the Service, you may terminate this agreement and cease obtaining the Service from Netregistry on 30 days' prior written notice to Netregistry in accordance with the process specified by Netregistry from time to time. Netregistry will not refund any amounts paid upfront by you in such circumstances.

11.5 If Netregistry terminates this agreement, or you terminate pursuant to clause 11.4, in addition to any other obligation under this agreement:

11.5.1 you must pay all outstanding charges (if any) to Netregistry immediately;

11.5.2 Netregistry may delete all data, including your Supplied Details or Supplied Content from our systems without any liability to you whatsoever.

12. Miscellaneous

12.1 The law in force in Queensland, Australia governs this agreement and the transactions contemplated by this agreement.

12.2 In the event it is necessary for Netregistry to enforce its rights under this agreement, you agree to pay all fees incurred by Netregistry (including, but not limited to, legal fees and collection agency fees).

12.3 This agreement shall be binding upon and inure to the benefit of you, your respective successors and assigns. You may not resell any Services or assign your rights and obligations under this agreement without the prior written consent of Netregistry.

12.4 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.

12.5 If any provision of this agreement is held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of this agreement shall remain in full force and effect.

  1. Darwin QuickTime streaming is only available using the On Demand Streaming Media service. Customers requiring a live broadcast streaming service (ie. Live Event WebCast or Continuous Live WebCast can only have their audio or video content delivered using Microsoft Windows Streaming Media.
  2. Microsoft licensing terms and conditions apply if using Windows Streaming Media.
  3. If your Streaming Media service's data transfer exceeds the allocated amount, an additional fee of $0.077 per extra MB is charged.
  4. MP3 streaming is only available using Darwin QuickTime, which can only be utilised with the On Demand Streaming Media service.

Date: June 2013

These are the standard terms and conditions ("Terms and Conditions") for Netregistry's Web Design WordPress Managed Services (Create IT, Activate IT, Accelerate IT, SiteShop Inclusive and SiteShop Plus services) (collectively, the "Services", each individually a "Service"). The Service and Services are described at https://www.netregistry.com.au ("Netregistry Website").

Please read these Terms and Conditions carefully. It is a condition of your use of the Services that you ("you" and "your") comply with these Terms and Conditions.

1. Terms and Amendment Procedure

1.1 This agreement comprises:

1.1.1 these Terms and Conditions;

1.1.2 the Netregistry Customised Web Design proposal and quote, if any ("Proposal"); and

1.1.3 Netregistry's AUP and Privacy Policy (see clause 7).

These Terms and Conditions constitute our agreement with you for the Services in its entirety, and supersede all prior agreements.

1.2 This agreement commences on the date upon which Netregistry confirms to you by email that the Services has been commenced ("Commencement Date").

1.3 We may vary these Terms and Conditions or the terms of the operation of the Services, at any time. Changes other than price changes will become effective upon publication of the notice on the Netregistry Website. Price changes will be effective 30 days after you have been notified of the change.

1.4 If you use the Services after publication of any change in accordance with clause 1.3, your use will constitute acceptance of the amended terms.

1.5 Any reference in this agreement to Netregistry's "Supplier" is a reference to any third party service provider of Netregistry (a "Supplier"), if and to the extent a Supplier is supplying any part of the Services to you on behalf of Netregistry.

2. Services

2.1 Netregistry will use reasonable efforts to provide to you the Service(s).

2.2 The Services are designed and built for integration with Netregistry's hosting services (being one of those services offered by Netregistry ("Netregistry Hosting Services"). These Netregistry Hosting Services will need to be purchased separately and are subject to their own terms and conditions. If you have purchased SiteShop Inclusive or SiteShop Plus Service, the Services will be bundled with a Starter or Business Hosting Service.

2.3 You may request that the Services be provided in conjunction with a non-Netregistry hosting provider before the Services commence. Netregistry will, in our sole discretion, determine whether this alternative hosting provider's hosting platform is appropriate, and either accept or reject your request. Should we reject your request, we will provide you with a full refund for the Services. Where the Services are utilised with any alternative hosting provider, you will be responsible for publishing your Website in Design and we will not be responsible for any issues, errors or loss of functionality from the publishing your Website in Design on an alternative hosting provider's platform. Any attempt to migrate or transfer your Website in Design to an alternative hosting provider's platform without our express consent will be a violation of these Terms and Conditions, and will be at your own risk.

2.4 Any software or plugins made available to you by Netregistry for use with the Services ("Add-ons") must be associated with your Website in Design and are not transferable to any other accounts you have with us, or any other websites. Such Add-ons require an active subscription to the Services to remain active. Netregistry offers a number of Add-ons as standard for all Services which are subject to change, and may be removed or added at our discretion and without notice to you.

2.5 If you have purchased SiteShop Inclusive or SiteShop Plus, the "SiteShop powered by Cashie Commerce" plugin will be included in your bundle of services.

3. Delivery

3.1 If you have specific custom requirements for features and options not included in any of the Services, Netregistry will provide you with a Proposal specifically tailored to these custom requirements that you have provided to us.

3.2 After the Commencement Date, Netregistry will provide a brief to you confirming certain objectives and requirements discussed with you (such as suggested colour schemes, site map, your intended business objectives for the website, website design template recommendations etc.) for your approval ("Brief"). You must contact us within 5 business days if you have any concerns with the Brief or do not wish to approve, or we will otherwise assume you have approved the Brief, and we will proceed to build and provide to you the website design templates ("Templates") and, if purchased, website content services ("Content Services").

3.3 You must provide complete feedback to us in the event you have any issues with the provided Templates, and we agree to three attempts to address these issues with you, before escalating to the Dispute Resolution process (see clause 8). Netregistry requires written approval of the Templates prior to proceeding with any customisation, and should written approval not be received within 6 months from delivery of the Templates, we may place the Services on Administrative Hold.

3.4 If you have purchased Content Services, you must provide complete feedback to us in the event you have any issues with the provided content within 7 calendar days, failing which, we will assume you have approved the Content Services. We will provide you with one attempt to address any issues you raise before escalating to the Dispute Resolution process (see clause 8).

3.5 Netregistry will provide you with an opportunity to review the customised Templates ("Website in Design"), and depending on the Service you have purchased, you will be given a certain number of reviews to request changes to the Website in Design, which may include:

3.5.1 text and image placement changes;

3.5.2 graphical changes (replacement of image with alternative supplied image);

3.5.3 page or section changes; or

3.5.4 functionality enhancement changes (Add-ons included with Service ordered).

Additional changes (not previously agreed to in the Proposal (if applicable)) can be requested but will incur additional costs (calculated at the rate of AUD $150 per hour), which Netregistry will confirm in a quote (valid for one calendar month) before performing any additional changes. Changes requested that do not relate to the approved Brief or any instructions received from you, which we have agreed to (for instance, changes specified in an accepted Proposal) are excluded, and will incur additional costs to be processed. You must provide complete feedback to us in the event you have any issues with the requested changes made, and we agree to three attempts to address these issues with you, before escalating to the Dispute Resolution process (see clause 8). You must provide a response to us within 30 calendar days if you have any changes to request, otherwise we will assume you have approved the Website in Design.

3.6 Following approval of the Website in Design, we will request a final written confirmation of approval before we proceed to publishing this Website in Design on the Internet as your website. If we do not receive a response within 30 calendar days of our request, we will assume you approve of the Website in Design and we may proceed with publishing. You agree you are solely responsible for the back-up of any data, websites or information (including without limitation email files, databases, hosted files etc.) which may be replaced pursuant to the provision of the Services (including without limitation as a result of the publishing of your Website in Design).

3.7 The publication of the approved Website in Design completes our obligations to you under these Terms and Conditions, other than in respect of (i) any ongoing relationship we have to you as a service provider, and/or (ii) any ongoing managed service (as specified on the Netregistry Website) you have purchased from us (for the avoidance of doubt, such managed service will form part of the 'Services' where ordered, and is not available if you have published your Website in Design using an alternative hosting provider). All future changes and maintenance to your Website in Design will be your responsibility, however we may agree to assist with requests for additional customisation at an additional cost (which we will advise you of in advance via quote (calculated at the rate of AUD $150 per hour)).

3.8 Completion of the Services in a timely manner depends upon your responsiveness to any requests from Netregistry, and where applicable, provision of timely and complete feedback or approvals. We are not responsible for any delays in provisioning the Services which occur as a result of your failure to respond as requested or required.

3.9 You agree to provide Netregistry with such information as Netregistry or its Supplier reasonably require in order to provide the Services to you, and to keep this provided information up to date and accurate. You agree we may share this provided information, along with any other information or materials (including any provided content or design brief) related to the Services, with our Supplier.

3.10 You must supply us with all graphics, files or text ("Content") for customisation of your chosen Templates to be used for website we will design (note, modification or alteration of the Templates themselves is subject to Netregistry's sole approval). All Content must be submitted to Netregistry within 30 calendar days following your approval of the Templates or we may place the Services on Administrative Hold, or in the case of new websites, populate that website with sample content at our discretion. Should Content not be supplied within 6 calendar months following a service being placed in Administrative Hold, Netregistry reserves the right to cancel the Services without refund. Netregistry cannot proceed with providing the Services until Content has been received.

3.11 You are responsible for ensuring you have all appropriate legal rights to all supplied Content. All Content must be submitted electronically, should be copies and not originals, and should be of a high quality standard that is acceptable to Netregistry. Netregistry will not return any Content to you, and you are responsible for maintaining back-up copies of all submitted Content. We will not be responsible for any loss of, or damage to, any of your Content. Should any files be too large for electronic delivery, you must make arrangements for these to be delivered to us, however large files may affect our ability to meet any stated completion timelines, and additional costs may apply (which we will advise you of prior to undertaking work). Netregistry reserves the right, in our sole discretion, to refuse to use any Content we believe is objectionable or may infringe upon the intellectual property rights of others, or would be in breach of our AUP. Netregistry may agree to generate text for you at an agreed additional cost, which you would be required to review and approve (and which will be considered as "Content" under these Terms and Conditions).

4. Administrative Hold

4.1 The Services may be placed on hold ("Administrative Hold") by Netregistry (as stated in clauses 3.3, 3.10, 4.1 and 4.2) or by you upon written request (prior to your Website in Design being published). We will not perform any work while Services are in Administrative Hold. Where you have requested the Services be placed on Administrative Hold, you are solely responsible for contacting us to request the Services be removed from Administrative Hold. If the Services remain in Administrative Hold for 6 months or longer, we may cancel the Services without prior notice to you. In such circumstance, all fees paid by you will be forfeit.

4.2 If you do not provide a response to us to any communication (within the timeframes stated in that communication) or as required by these Terms and Conditions, we may place the Services on Administrative Hold.

4.3 Any monthly fees charged for the Services (including fees charged for your Netregistry Hosting Service) shall continue to be payable where the Services are placed on Administrative Hold.

5. Billing and Payment

5.1 The fees and charges payable for the Services include:

5.1.1 where a Proposal has been provided and accepted, a deposit equal to 50% of the total fees stated in the Proposal, payable upon Netregistry invoicing you once we have received the signed Proposal;

5.1.2 a fixed build or content services fee (if applicable), payable in advance;

5.1.3 a monthly recurring or annual managed services fee, payable in advance; and

5.1.4 where incurred, additional fees as outlined in these Terms and Conditions (such as agreed quotes for additional work or due to the Services being in Administrative Hold).

Fees payable for any Netregistry Hosting Services are separate to the fees and charges payable for the Services, except for SiteShop Inclusive and SiteShop Plus where the fees are quoted for the bundle which includes hosting.

5.2 You must pay all prices and charges for the Services and other amounts incurred by you or incurred as a result of any use of the Services (whether authorised or not) in accordance with the billing provisions specified in these Terms and Conditions or in the Proposal (if applicable). You agree to keep your billing and account information up to date and to notify Netregistry of any changes to such information from time to time.

5.3 Prices and charges published on Netregistry's Website or in the Proposal (if applicable) are inclusive of any government taxes or charges unless otherwise stated.

5.4 If you fail to pay any fees and charges in any invoice by the due date specified, in addition to any other rights under these Terms and Conditions, Netregistry may charge you interest on that unpaid amount until such time as payment is received, and/or suspend or terminate the Services.

5.5 You agree that in the event of any action being taken by Netregistry to recover any overdue amount due to it under this agreement or a Proposal (if applicable), as evidenced for example by, without limitation, your credit card company notifying Netregistry of you disputing the payment of, or refusing to pay such charge, or where your credit card payment has been declined or reversed, any costs incurred by Netregistry in recovering the debt (including, without limitation, any legal expenses (on a solicitor/client basis), collection agency charges or any other reasonable associated costs incurred by Netregistry) are payable by you to Netregistry and shall be recoverable by Netregistry as a separate debt.

5.6 Monthly contracts will be automatically rolled over on a monthly basis without notice to you. If you have chosen a fixed contract period (a contract period other than a month to month contract) for the Services, the Services will be automatically renewed for a further fixed contract period at the end of the term on the date notified to you by our reminder email. If your fixed contract period Services are to be auto-renewed, we will:

(i) notify you of the impending auto-renewal; and

(ii) provide you the ability to cancel the impending auto-renewal.

You must advise us prior to the auto-renewal date if you wish to cancel the Services. If we do not receive your cancellation or 'do not renew' advice, we will auto-renew the Services in order to ensure it continues uninterrupted. Your Services will be auto-renewed for the same duration at the then current applicable charges published on the Netregistry Website.

6. Intellectual Property

6.1 You are solely responsible for ensuring that you have all appropriate rights and licenses to the Content supplied to us.

6.2 You expressly grant to Netregistry and its Supplier a royalty-free, worldwide licence to use, reproduce, modify, edit or otherwise all supplied Content, and to cache the entirety of your Website in Design (including your Content) where hosted by Netregistry or its Supplier, pursuant to these Terms and Conditions. You agree that you shall be responsible for obtaining any agreements and/or consents required of any third parties in connection with the grant of this licence to Netregistry and its Supplier. You also agree that any such caching is not an infringement of any of your intellectual property rights or any third party's intellectual property rights.

6.3 Any Templates or Website in Design delivered by us under the Services are without any representation or warranty as to your ability to obtain trademark, copyright, or similar protections in any jurisdiction throughout the world. We expressly disclaim:

6.3.1 all liability to you or any third party for any infringement of intellectual property or proprietary rights; and

6.3.2 that we will be responsible for, or provide any advice or guidance in respect of, any potential intellectual property rights issues which may arise from your use of the Services (including without limitation the use of Content in the Website in Design).

6.4 We are not responsible for any content (including your Content) contained in your Website in Design, nor are we responsible for your use of the Website in Design. You are solely responsible for ensuring your Website in Design complies will all applicable laws and regulations, and does not infringe any third party's rights, at all times.

6.5 Upon publication of your Website in Design, we transfer to you all rights, titles and interest in the Website in Design, but expressly reserve and retain all rights and/or licenses to (i) display your Website in Design as-is or with alterations online or in any other manner in our sole discretion, and (ii) all design, copyright or other intellectual property rights in the Templates. Except as expressly stated in this clause, no other rights, titles or interests are granted to you.

6.6 You may not copy, modify or translate any of our Templates or related documentation, or grant any other person or entity the right to do so.

7. AUP and Privacy Policy

7.1 You agree to comply with Netregistry's Acceptable Use Policy located at https://www.netregistry.com.au/legals/acceptable-use-policy/, as varied from time to time by Netregistry in accordance with clause 1.3 ("AUP"). Additionally, you agree that neither you, nor any other person whom you permit to operate your published Website in Design, either undertakes, or attempts to undertake, to operate your published Website in Design in relation to:

7.1.1 any pornography, nudity and sex-related merchandising of any sort, including by means of creating or maintaining any links to websites containing any such material;

7.1.2 the creation, use or maintaining, or accessing of any:

7.1.2.1 MP3 files or any MP3 related websites, unless expressly permitted by Netregistry;

7.1.2.2 websites that promote illegal activities (including, without limitation, warez, hacking, serial numbers, cracks or information that violates any law whatsoever); or

7.1.2.3 website whose primary purpose is file distribution or mirroring another website;

7.1.3 the promoting of a website hosted by Netregistry or its Supplier through unsolicited email or spamming, irrespective of whether the unsolicited email or spam is sent through the Supplier's email servers or not; or

7.1.4 distributing copyrighted software, warez (also known as pirated software), MP3 files or Emulators/ROMs.

(each an "Additional Prohibited Activity")

7.2 If we receive notice of, or otherwise become aware that you have failed to comply with any provision of this AUP, or undertake or attempt to undertake any Additional Prohibited Activity, in addition to any other rights of Netregistry under this agreement, you agree that Netregistry may immediately take corrective action, including suspension of Services or termination of this agreement. Where your Website in Design is operating on associated Netregistry Hosting Services, this right of suspension or termination shall also apply to that service. In the event that any such corrective action due to a violation of the AUP occurs, or, due to you or any other person whom you permit to operate the published Website in Design undertaking or attempting to undertake any Additional Prohibited Activity, Netregistry shall not refund to you any fees paid to Netregistry prior to such corrective action.

7.3 You agree with Netregistry's Privacy Policy located at https://www.netregistry.com.au/legals/privacy-policy/, as varied from time to time by Netregistry from time to time in accordance with clause 1.3 ("Privacy Policy"), and you consent to our use of your information in accordance with this Privacy Policy, and these Terms and Conditions.

7.4 You agree that Netregistry may disclose your account and other information in accordance with the AUP and Privacy Policy.

8. Dispute Resolution

In the event Netregistry and you are unable to resolve any issues, the parties will agree to attend a teleconference meeting to discuss the issues ("Dispute Resolution"). Both parties agree to attempt to resolve the issues in good faith. If the parties are unable to resolve the dispute, either party may elect to cancel the Services and this agreement in accordance with clause 15.

9. Your Warranties

You represent and warrant that:

9.1 you have all appropriate rights and licenses in all Content you supply;

9.2 you have not entered into this agreement, or accepted the Proposal (if applicable) or obtained any Services on the basis of, or in reliance on, any statement or representation (whether made orally or in writing and regardless of the medium used) made by either Netregistry or its Supplier concerning this agreement, the Proposal or the Services, other than any statement or representation contained in these Terms and Conditions;

9.3 you are at least 18 years of age;

9.4 your use of the Services or your Website in Design will not at the Commencement Date or thereafter, infringe the intellectual property or other proprietary rights of Netregistry, its Supplier or any third party;

9.5 you will conduct such tests and computer virus scanning as may be necessary to ensure that any data provided by you does not contain any computer virus and will not in any way, corrupt the data or systems of any person (including, without limitation, Netregistry or its Supplier); and

9.6 you will otherwise at all times use the Services and your Website in Design (including once published) in accordance with these Terms and Conditions (including, for the avoidance of doubt, the AUP or the Privacy Policy) and the Proposal (if applicable).

10. Our General Disclaimer of Warranties

10.1 To the extent permitted by law, neither Netregistry nor its Supplier, nor any employees, affiliates, agents, suppliers, third-party information providers, merchants, licensors nor the like (each a "Relevant Party") of Netregistry or its Supplier, make any warranties of any kind, either expressed or implied, statutory or otherwise, relating in any way to the subject matter of this agreement, including, but not limited to, warranties of merchantability or fitness for a particular purpose, or non-infringement for the Services or any equipment provided, and all such warranties are hereby excluded.

10.2 Netregistry agrees to use all reasonable efforts to provide the Services to you. However, you acknowledge to, and agree with, Netregistry, that nothing in this agreement or the Proposal shall constitute an express or implied warranty or guarantee by any Relevant Party of Netregistry or its Supplier:

10.2.1 that the Services or the operation of your published Website in Design will be uninterrupted, error free or not subject to delays (technical or otherwise);

10.2.2 that the Services or your published Website in Design 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 Netregistry or its Supplier;

10.2.3 concerning the results or success that may be obtained from the use of the Services;

10.2.4 concerning any increase in revenue, profit or goodwill that may be obtained as a consequence of you using the Services (including, for the avoidance of doubt, any increase in revenue, profit or goodwill in connection with any products and/or services that you may determine to offer for supply, or supply via your published Website in Design, the Internet or otherwise ("Your Products and Services")); or

10.2.5 as to the accuracy, reliability, completeness or content of the Services, any information services or merchandise contained in or provided through the Services, or, for the avoidance of doubt, any information provided by Netregistry or its Supplier in any advice, report or communication to you or any other party.

11. Indemnity

You agree you will indemnify and defend Netregistry and its Supplier and all directors, officers, employees, and agents of Netregistry and its Supplier (each an "Indemnified Party") from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative) and expenses (including but not limited to reasonable legal fees) incurred by any Indemnified Party arising out of, or directly or indirectly relating to:

11.1 Your Products and Services (if applicable); and/or

11.2 any breach of this agreement by you; and/or

11.3 the use of the Services by you; and/or

11.4 the use or operation of your published Website in Design by you or any other party; and/or

11.5 the implementation of the AUP by Netregistry, any action taken by Netregistry in accordance with the AUP, or, any breach or violation of the AUP; and/or

11.6 any action taken by Netregistry or its Supplier in connection with you undertaking or attempting to undertake any Additional Prohibited Activity.

Such claims shall include, but shall not be limited to, claims based upon trademark, service mark, trade name, copyright and patent infringement, trademark dilution, tortious interference with contract or prospective business relations, unfair competition, restrictive trade practices, misleading statement, misleading or deceptive conduct, breach of contract, defamation or injury to reputation, or other injuries or damage to business.

12. Limitation of Liability

12.1 You agree that neither Netregistry nor its Supplier shall be liable for any indirect, incidental, special or consequential damages, or loss of profits, revenue, data or use, suffered by you or any third party, whether in an action in contract, tort or strict liability or other legal theory, even if Netregistry or its Supplier (as the case may be) has been advised of the possibility of such damages.

12.2 Subject to clause 12.1, you further agree that the aggregate liability of Netregistry and its Supplier for any damages, losses and causes of actions whether in contract or tort (including negligence or otherwise) shall not exceed the actual dollar amount paid by you for the Services which gave rise to such damages, losses and causes of actions.

12.3 You agree that 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, the liability of Netregistry and its Supplier for any breach of the term will, if permitted by that statute, be limited, at our option, to the re-supply of the services again; or payment of the cost of having the services supplied again.

12.4 We acknowledge that some jurisdictions do not allow the exclusion or limitation of warranties or incidental or consequential damages, so that the above limitations or exclusions may not apply to you. In such jurisdictions, the liability of Netregistry and its Supplier (and the liability of any director, officer, employee, agent, affiliate, content provider or service provider of Netregistry and its Supplier) shall be limited to the greatest extent permitted by applicable law.

13. Force Majeure

Neither Netregistry nor its Supplier shall be liable for failure or delay in performing its obligations under this agreement if such failure or delay is due to circumstances beyond its reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labour disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Services.

14. Suspension or Termination

14.1 In addition to any other rights of suspension under this agreement, Netregistry may from time to time without notice to you suspend a Service:

14.1.1 if you fail to comply with any provision in these Terms and Conditions (including failure to pay charges due, or, for the avoidance of doubt, any provision in the AUP), or do, or allow to be done, anything which in our opinion may have the effect of jeopardising the operation of the Services, until the breach (if capable of remedy) is remedied to the satisfaction of Netregistry; and

14.1.2 during any technical failure, modification or maintenance involved in the Services provided that we will use reasonable endeavours to procure the resumption of the Services as soon as reasonably practicable.

Other than in respect of any suspension under clause 14.1.2, you shall remain liable for all charges due at the commencement of the suspension period throughout the period of suspension. Netregistry may terminate this agreement and cease providing the Services to you at any time on written notice to you if

Netregistry has at any time suspended the Services.

14.2 In addition to any other rights of termination under these Terms and Conditions, Netregistry may terminate this agreement and cease providing the Services to you at any time on 30 days written notice to you.

14.3 Where Netregistry supplies the Services to you through a Supplier, Netregistry may terminate and replace such Supplier at any time without notice to you. Netregistry will, however, endeavour to replace such Supplier:

14.3.1 with no or minimal disruption to the supply of the Services; and

14.3.2 on substantially the same terms as are set out in this agreement.

14.4 Where Netregistry is unable to comply with clause 14.3.2, you may terminate this agreement and cease obtaining the Services from Netregistry within 30 days' of being notified of the new terms on which Netregistry intends to supply the relevant Services to you.

14.5 Any termination of this agreement will not result in termination of any associated Netregistry Hosting Service. You must refer to the terms and conditions for any Netregistry Hosting Service in relation to rights of termination. Where you terminate this agreement under clause 14.4, Netregistry will refund you any fees previously paid by you for the Services on a pro rata basis excluding any fees payable under clause 5.1.1 (except where you have not been provided with a Brief).

14.6 In addition to any other obligation in these Terms and Conditions, upon termination Netregistry or its Supplier may delete all data, including your Content or files (including, without limitation, email files, if applicable) from their systems (including any storage media) without any liability to you whatsoever.

15. Cancellation

This clause 15 shall not apply where you terminate this agreement and cease obtaining the Services from Netregistry pursuant to clause 14.4.

15.1 You may cancel the Services (including where purchased, any managed service component of the Service) at any time upon 30 calendar days prior written notice.

15.2 Cancellation of the Services of Create IT, Activate IT, Accelerate IT by you will result in:

15.2.1 a cancellation administrative fee of AUD $25 being payable;

15.2.1 where you have not been provided with the Brief (see clause 3.1), full refund of the fees stated in clause 5.1.1 and pro-rata refund of fees stated in clause 5.1.2;

15.2.2 where you have been provided with a Brief and approval has been received or assumed (see clause 3.1), a pro-rata refund of the fees stated in clause 5.1.2 only;

Subject to your payment of the applicable cancellation fee as specified in clause 15.2.1, Netregistry will then process any refunds available to you.

15.3 Cancellation of SiteShop Plus will automatically terminate all associated hosting and:

15.3.1 If you cancel prior to the site being built and approved, you will receive a refund of half of the initial payment (the build fee);

15.3.2 If you cancel after the website has gone live, you must pay an administration fee of AUD $75.00.

15.4 Cancellation of SiteShop Inclusive will automatically terminate all associated hosting and:

15.4.1 If you cancel prior to "go live" then you must pay an administration fee of AUD $450;

15.4.2 If you cancel after the website has gone live you must pay an administration fee of AUD $100.00.

15.5 Netregistry may cancel the Services for the reasons specified in clauses 3.8 and 4.1 of these Terms and Conditions. No refunds will be available.

15.6 Cancellation of Services will not result in cancellation of any associated Netregistry Hosting Service except in the case of SiteShop Inclusive and SiteShop Plus. If you want your associated Netregistry Hosting Service to be cancelled at the same time, you must expressly advise us. Please note that additional cancellation costs may apply to the cancellation of an associated Netregistry Hosting Service, and you should review the applicable terms and conditions of that service to determine what costs may be involved. Upon cancellation, Netregistry or its Supplier may delete all data, including your Content or files (including, without limitation, email files, if applicable) from their systems (including any storage media) without any liability to you whatsoever.

16. Miscellaneous

16.1 The law in force in Victoria, Australia governs this agreement and the transactions contemplated by this agreement.

16.2 In the event it is necessary for Netregistry to enforce its rights under this agreement, you agree to pay all fees incurred by Netregistry (including, but not limited to, legal fees and collection agency fees).

16.3 This agreement shall be binding upon and inure to the benefit of you, your respective successors and assigns. You may not resell any Services or assign your rights and obligations under this agreement without the prior written consent of Netregistry.

16.4 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.

16.5 If any provision of this agreement is held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of this agreement shall remain in full force and effect.

  1. The Web Forum service has been modified from the freeware, Snitz Web Forum, and accordingly there is no charge for the software itself. Pricing for the Web Forum Add-On represents our fee for hosting the software on our web servers.

Date: December 2011

These are the standard terms and conditions of supply of the Netregistry Pty Limited ("Netregistry") Website Design and Hosting Services (Do-It-Yourself Website, Done4U Website, Done 4U ecommerce Website, Custom Website, BizBooster Website, Small Business Website, Ecommerce Website and 14 Day Trial Website) (the "Services", each individually a "Service") offered from time to time on Netregistry's website at https://www.netregistry.com.au ("Netregistry Website").

Please read these terms and conditions carefully. It is a condition of your use of the Services that you ("you") comply with these terms and conditions.

1. Terms and Amendment Procedure

1.1 This agreement comprises:

1.1.1 the terms and conditions of this agreement;

1.1.2 the Acceptable Use Policy and the Privacy Policy (as each is respectively referred to in clause 4);

1.1.3 the Netregistry Quote for Service, if sent to you (the "Quote"); and

1.1.4 written confirmation by Netregistry to you of receipt of payment by you of the charges applicable to the Services ("Payment Confirmation").

1.2 This agreement commences on the date upon which Netregistry confirms to you by email or any other written medium that a Service has been commenced ("Commencement Date").

1.3 We may vary these terms or the terms of the operation of any Service, at any time by a general notice on a page of the Internet referred to on the home page of the Netregistry Website at https://www.netregistry.com.au/legals/. Changes other than price changes will become effective upon publication of the notice. Where we vary the charges for any Service, we will notify you of these variations either by a general notice on a page of the Internet referred to on the home page of the Netregistry Website at https://www.netregistry.com.au/legals/, or, by written notice to you. Where we vary any charges for the Services, we will give at least 30 days notice of the change by either of the preceding means, and the new prices will apply at the end of that period. We may at any time and without prior notice or liability to the Customer to alter the Services in the course of the Services ongoing development.

1.4 If you use a Service after publication of any change in accordance with clause 1.3, your use will constitute acceptance of the amended terms.

1.5 These terms constitute the agreement in its entirety and supersede all prior agreements.

1.6 Any reference in this agreement to a Netregistry "Supplier" is a reference to any third party service provider of Netregistry (a "Supplier"), if and to the extent a Supplier is supplying any part of the Services to you on behalf of Netregistry.

2. Services

2.1 Netregistry will use commercially reasonable efforts to provide to you the Services described on the Netregistry Website in relation to the Services you have purchased.

2.2 You agree to provide Netregistry or its Global Partner/Reseller with such contact information as Netregistry or its Supplier may reasonably require in order to provide the Services to you ("Service Contact Information"). You further agree to provide Netregistry with any updates to such Service Contact Information, as may be required from time to time.

2.3 You shall at all times keep your password and log-in details ("Password Details") secure. You agree that Netregistry cannot and does not know whether you have given access to your account and to the Services to other people (whether knowingly or not). You therefore agree that you are entirely responsible for:

2.3.1 when and how your account with Netregistry is used (including, without limitation, if your accounts and/or the Services are terminated pursuant to clause 12 (if applicable)); and

2.3.2 the actions of the people (if any) you allow to access, or transmit information through the systems of Netregistry or its Supplier, or otherwise utilise the Services.

2.4 You agree that Netregistry may from time to time require you to provide your Password Details to Netregistry. You acknowledge that if you fail to provide such Password Details to Netregistry if requested by Netregistry, Netregistry reserves the right not to provide any assistance to you in connection with the Services.

2.5 You agree that you are solely responsible for any of your data and content, as supplied by you and/or third parties ("Your Content") and for any other files (including, without limitation, email files, if applicable), residing on the Supplier's servers.

2.6 You agree that you are solely responsible for the back-up of Your Content and any other files (including, without limitation, email files, if applicable) unless otherwise agreed with Netregistry.

2.7 The Services provided to you under this agreement are subject to email data and data transfer bandwidth limits. If your email data volumes average in excess of 200MB per mailbox per calendar month you will be charged additionally at a rate AUD $0.11 (inc GST) per extra MB used. The Services are also subject to data transfer bandwidth limits and/or disk space limits, as published on the Netregistry Website from time to time ("Agreed Megabytes"). Netregistry may monitor your usage of the Services to ensure that you are complying with the Agreed Megabytes. If data transfer bandwidth usage and/or disk space usage exceeds the Agreed Megabytes, you agree that Netregistry may require you to purchase any additional data transfer bandwidth and/or disk space and your failure to do so may result in the Services ceasing to operate or function. In addition you agree that if at any time your email data volume, data transfer bandwidth usage and/or disk space usage exceeds the limits set out above, Netregistry or its Supplier may suspend any and all Services, or, in the case of Netregistry, terminate this agreement. In the event that any such action is taken by Netregistry or its Supplier (as the context requires), you agree that you shall not be entitled to a refund of any fees paid in advance of such corrective action.

2.8 You agree that Netregistry or its Supplier may be required to perform maintenance to maintain the continuous operation of the Supplier's servers, which maintenance may affect the operation or functioning of the Services. We will attempt to provide you with notice of the maintenance downtime, except when circumstances beyond the control of Netregistry or its Supplier prevent either Netregistry or its Supplier (as the context requires) from doing so. You also agree that Netregistry or its Supplier may also be required to suspend the Services, or disconnect or deny you access to the Services, in accordance with clause 12.1.2.

2.9 You agree that Netregistry or its Supplier shall maintain and control ownership of all IP numbers and addresses that may be assigned to you by a Netregistry Supplier, and you further agree that Netregistry or its Supplier may, at their sole discretion, change or remove any and all such IP numbers and addresses.

2.10 You expressly grant to Netregistry and its Supplier a licence to cache the entirety of your Website, including Your Content, hosted by a Supplier of Netregistry under this agreement. You agree that you shall be responsible for obtaining any agreements and/or consents required of any third party in connection with the grant of this licence to Netregistry and its Supplier. You also agree that any such caching is not an infringement of any of your intellectual property rights or any third party's intellectual property rights.

2.11 You agree that Supplier of Netregistry may from time to time add, remove or vary any software with respect to the Service/s, or otherwise add, remove or vary any functionality with respect to the Service/s ("Services Change"). You hereby consent to any Services Change that may be undertaken by a Supplier of Netregistry from time to time. Netregistry will use all reasonable commercial endeavours to provide you with 60 days' notice of any Services Change that would constitute a non-backwards compatible change.

2.12 You may from time to time request Netregistry to provide you with Your Content, where Your Content has been provided by you to Netregistry in hard copy, and where you provided Your Content to Netregistry together with a stamped, self-addressed envelope. You agree that nether Netregistry or its Supplier will otherwise be required to provide you with copies of Your Content.

2.13 You agree to take all necessary or desirable steps to ensure that any content (including, without limitation, any content pertaining to the Services that is or could be unsuitable for children is labeled appropriately and is presented in a way that complies with all relevant laws and industry policy.

2.14 The following terms and conditions apply to any social media component of the Services:

2.14.1 Definitions:

i) Social Media means various online technologies allowing for communication through social interaction via the internet.

ii) Social Media Provider means any provider of Social Media, such as Facebook, Twitter, Flickr, YouTube etc.

iii) Social Media API means any application programming interface provided by a Social Media Provider.

2.14.2 You agree that you will keep any Social Media Provider user account details secure, for example password or account log-in, and not provide any other party with these account details and that any such details entered into any Social Media API by you will only be yours, and you will not enter any other parties Social Media account details into any Social Media API integrated with your Website.

2.14.3 You acknowledge that Netregistry has no control or relationship with any Social Media Provider or any Social Media API, and that any maintenance performed by Netregistry may affect the functionality of any Social Media API plugin. You accept that any Social Media API plugin may not function on your Website.

2.14.4 You agree that:

i) You accept that you are responsible for all content displayed on your website, including any content displayed by any Social Media API plugin you have integrated into your Website;

ii) You will not post any content for which you are not the owner;

iii) You are responsible for everything that happens on your Website;

iv) You are responsible for determining whether you integrate any Social Media API into your Website and whether such integration and use is in accordance with the Social Media Policies of the relevant Social Media Provider. You also agree that you have reviewed all relevant Social Media Policies, and acknowledge that if you choose to integrate a Social Media API, that Social Media API may access information on the Social Media Provider's service related to you and the account you hold with Social Media Provider;

v) integration and/or use of Social Media API is at Your own risk, and is in no way endorsed by Netregistry. You acknowledge that You alone are responsible for any content displayed on Your Website, and that Netregistry has no connection or responsibility, other than as a provider of the Service, either to you or any third party for any content displayed;

vi) if at any time you elect to integrate any Social Media API into your Website, your use of that Social Media Provider's service must be in accordance with any and all relevant terms and conditions, terms of service, guidelines, policies and agreements of the relevant Social Media Provider (collectively, the "Social Media Policies"), and you will indemnify Netregistry in relation to any third party claim arising from your use of the Website service or Social Media Provider's service;

vii) any warranties, representations, consents, affirms, indemnities, agreements, undertakings or otherwise, given by You to the Social Media Provider pursuant to Social Media Policies, are also given by You to Netregistry;

viii) any modifications to Social Media API by Social Media Provider which results in any loss of functionality on Your PWebsite, is beyond Netregistry's control and is an issue between You and Social Media Provider;

ix) if Social Media Provider suspends, terminates or otherwise disables your account for any reason, any Social Media API functionality for that Social Media Provider will cease on your Website.

x) Netregistry will not be responsible for any loss of functionality of any Social Media API integrated to your Website.

2.14.5 Netregistry may disable any Social Media API functionality in Your Website if Netregistry determines in it's sole discretion that any content displayed on your Website via any Social Media API violates the AUP or infringes upon any other party's rights in any manner.

3. Billing and Payment

If you purchased the Services via one of our Global Partners/resellers, this clause 3 does not apply to you.

3.1 You must pay for the Services in accordance with the prices and charges contained in the Quote or as set out on the Netregistry Website (as applicable, and as amended from time to time in accordance with clause 1.3). Those fees and charges may include one or more of:

3.1.1 a fixed non-refundable build fee, payable in advance;

3.1.2 a monthly or annual recurring fee, payable in advance;

3.1.3 custom build fees, payable in accordance with the Quote, 50% non-refundable in advance and 50% on completion;

3.1.4 other customisation fees, payable on a time and materials basis in arrears.

3.1.5 excess email data volume charges payable in arrears; and

3.1.6 newsletter mail out fees payable in advance

3.2 You must pay all prices and charges for the Services and other amounts incurred by you or any designated users or incurred as a result of any use of the Services (whether authorised or not) in accordance with the billing provisions specified in the Payment Confirmation. You agree to keep your billing and account information up to date and to notify Netregistry of any changes to such information from time to time.

3.3 Prices and charges published on the Netregistry Web Site or set out in the Quote are inclusive of any government taxes or charges unless otherwise stated.

3.4 You consent to Netregistry or its Supplier 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 Netregistry of an application for credit (whether commercial or personal) or for the purpose of the collection of payments that are overdue.

3.5 If we have invoiced you in arrears for any Services, and you fail to pay the charges in any invoice by the due date specified in any applicable billing provisions (as referred to in clause 3.2 above) or the invoice ("Unpaid Charges"), in addition to any other rights under this agreement Netregistry may:

3.5.1 charge you interest and you agree to pay, on demand by Netregistry, interest on the Unpaid Charges at the Applicable Rate from the date the Unpaid Charges became due until those Unpaid Charges are paid to Netregistry in full.

3.5.2 suspend or terminate the Service. For the purposes of this clause, "Applicable Rate" means the Reserve Bank's Official Cash Rate (as published in the Australian Financial review at the time the Unpaid Charges become due)

3.6 You agree that in the event of any action being taken by Netregistry to recover any overdue amount due to it under this agreement or the Proposal, as evidenced for example by, without limitation, your credit card company notifying Netregistry of you disputing the payment of, or refusing to pay such charge, or where your credit card payment has been declined or reversed, any costs incurred by Netregistry in recovering the debt (including, without limitation, any legal expenses (on a solicitor/client basis), collection agency charges or any other reasonable associated costs incurred by Netregistry) are payable by you to Netregistry and shall be recoverable by Netregistry as a separate debt.

4. AUP and Privacy Policy

4.1 You agree to comply with Netregistry's Acceptable Use Policy, as varied from time to time by Netregistry in accordance with clause 1.3 ("AUP"). In addition, you agree that neither you, nor any other person whom you permit to use the Services either undertakes, or attempts to undertake, any of the following additional prohibited activities:

4.1.1 use or access any websites, or include in Your Content, any pornography, nudity and sex-related merchandising ("Adult Material") of any sort, including by means of creating or maintaining any links to websites containing any Adult Material;

4.1.2 create, use or maintain, or access any MP3 files or any MP3 websites, unless expressly permitted by Netregistry and/or its Supplier;

4.1.3 create, use or maintain, or access websites that promote illegal activities (including, without limitation, warez, hacking, serial numbers, cracks or information that violates any law whatsoever);

4.1.4 create, use or maintain, or access any website whose primary purpose is file distribution or mirroring another website;

4.1.5 promote a website hosted by the Supplier through unsolicited email or spamming, irrespective of whether the unsolicited email or spam is sent through the Supplier's email servers or not;

4.1.6 distribute copyrighted software, warez (also known as pirated software), MP3 files or Emulators/ROMs.

(each an "Additional Prohibited Activity")

4.2 If we receive notice of, or otherwise become aware that you have failed to comply with any provision of this AUP, or undertake or attempt to undertake any Additional Prohibited Activity, in addition to any other rights of Netregistry under this agreement, you agree that Netregistry or its Supplier may immediately take corrective action, including suspension of any and all Services, or, in the case of Netregistry, terminating this agreement. In the event that any such corrective action due to a violation of the AUP occurs, or, due to you or any other person whom you permit to use the Services undertaking or attempting to undertake any Additional Prohibited Activity, Netregistry shall not refund to you any fees paid to Netregistry prior to such corrective action.

4.3 You agree to comply with the Netregistry Privacy Policy as varied from time to time by Netregistry from time to time in accordance with clause 1.3 ("Privacy Policy").

4.4 You agree that Netregistry may disclose your account and other information in accordance with the AUP and Privacy Policy.

5. Your Warranties

You warrant that:

5.1 you have not entered into this agreement or obtained any Services on the basis of, or in reliance on, any statement or representation (whether made orally or in writing and regardless of the medium used) made by any of Netregistry, its Global Partner/reseller or its Supplier concerning this agreement or any of the Services, other than any statement or representation contained in this agreement;

5.2 you are at least 18 years of age;

5.3 your use of the Services will not at the Commencement Date or thereafter, infringe the intellectual property or other proprietary rights of Netregistry, its Supplier or any third party;

5.4 you will conduct such tests and computer virus scanning as may be necessary to ensure that any data uploaded or downloaded to and from the Server of a Netregistry Supplier by you does not contain any computer virus and will not in any way, corrupt the data or systems of any person (including, without limitation, Netregistry or its Supplier); and

5.5 you will otherwise at all times use the Services in accordance with this agreement (including, for the avoidance of doubt, the AUP or the Privacy Policy).

6. Our General Disclaimer of Warranties

6.1 To the extent permitted by law, neither Netregistry, its Global Partner/resellers nor its Supplier, nor any employees, affiliates, agents, suppliers, third-party information providers, merchants, licensors nor the like (each a "Relevant Party") of either Netregistry, its Global Partner or the Supplier, make any warranties of any kind, either expressed or implied, statutory or otherwise, relating in any way to the subject matter of this agreement, including, but not limited to, warranties of merchantability or fitness for a particular purpose, or non-infringement for the Services or any equipment provided, and all such warranties are hereby excluded.

6.2 Netregistry agrees to use all reasonable efforts to provide the Services to you. However, you acknowledge to, and agree with, Netregistry, that nothing in this agreement shall constitute an express or implied warranty or guarantee by any Relevant Party of either Netregistry or its Supplier:

6.2.1 that the Services will be uninterrupted, error free or not subject to delays (technical or otherwise);

6.2.2 that 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 Netregistry or its Supplier;

6.2.3 concerning the results or success that may be obtained from the use of the Services;

6.2.4 concerning any increase in revenue, profit or goodwill that may be obtained as a consequence of you using the Services (including, for the avoidance of doubt, any increase in revenue, profit or goodwill that may be obtained as a consequence of you using the Services (including, for the avoidance of doubt, any increase in revenue, profit or goodwill in connection with any products and/or services that you may determine to offer for supply, or supply via your website, the Internet or otherwise ("Your Products and Services"));

6.2.5 as to the accuracy, reliability, completeness or content of the Services, any information services or merchandise contained in or provided through the Services, or, for the avoidance of doubt, any information provided by Netregistry or its Supplier in any advice, report or communication to you or any other party.

6.3 You acknowledge and agree that no Relevant Party exercises any control over, and accepts no responsibility for, the content of the information (including, without limitation, Your Content) passing through the Supplier's host computers, network hubs and points of presence or the Internet, nor, for any of Your Products and Services (if applicable).

6.4 You further agree that no Relevant Party shall be liable for:

6.4.1 Your Content or loss of any of Your Content or files (including, without limitation, email files, if applicable) transferred either to or from you or stored or backed-up by you or any of your customers via the Services; and/or

6.4.2 any damage to or loss to Your Content as a result of any request by you pursuant to clause.

7. Indemnity

You will indemnify and defend Netregistry and its Supplier and all directors, officers, employees, and agents of Netregistry and its Supplier (each an "Indemnified Party") from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative) and expenses (including but not limited to reasonable legal fees) incurred by any Indemnified Party arising out of, or directly or indirectly relating to:

7.1 Your Products and Services (if applicable); and/or

7.2 any breach of this agreement by you; and/or

7.3 the use of the Services by you; and/or

7.4 any Services Change (as contemplated by clause 2.10); and/or

7.5 the implementation of the AUP by Netregistry, any action taken by Netregistry in accordance with the AUP, or, any breach or violation of the AUP; and/or

7.6 any action taken by Netregistry or its Supplier in connection with you undertaking or attempting to undertake any Additional Prohibited Activity.

Such claims shall include, but shall not be limited to, claims based upon trademark, service mark, trade name, copyright and patent infringement, trademark dilution, tortious interference with contract or prospective business relations, unfair competition, restrictive trade practices, misleading statement, misleading or deceptive conduct, breach of contract, defamation or injury to reputation, or other injuries or damage to business.

8. Limitation of Liability

8.1 You agree that neither Netregistry nor its Supplier shall be liable for any indirect, incidental, special or consequential damages, or loss of profits, revenue, data or use, suffered by you or any third party, whether in an action in contract, tort or strict liability or other legal theory, even if Netregistry or its Supplier (as the case may be) has been advised of the possibility of such damages.

8.2 Subject to clause 8.1, you further agree that the aggregate liability of Netregistry and its Supplier for any damages, losses and causes of actions whether in contract or tort (including negligence or otherwise) shall not exceed the actual dollar amount paid by you for the Service which gave rise to such damages, losses and causes of actions.

8.3 You agree that 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, the liability of Netregistry and its Supplier for any breach of the term will, if permitted by that statute, be limited, at our option, to the re-supply of the services again; or payment of the cost of having the services supplied again.

8.4 We acknowledge that some jurisdictions do not allow the exclusion or limitation of warranties or incidental or consequential damages, so that the above limitations or exclusions may not apply to you. In such jurisdictions, the liability of Netregistry and its Supplier (and the liability of any director, officer, employee, agent, affiliate, content provider or service provider of Netregistry and its Supplier) shall be limited to the greatest extent permitted by applicable law.

9. Intellectual Property

9.1 You acknowledge that all right, title and interest in any and all:

9.1.1 technology, including the software;

9.1.2 any documentation and material that is part of or provided with the Services; and

9.1.3 any know-how, trademarks or service marks of Netregistry or its Supplier, (collectively, "Our Intellectual Property") is vested in Netregistry, its Supplier and/or the licensors of Netregistry or its Supplier (as the context requires).

9.2 Unless otherwise specifically provided in this agreement, you agree that you shall have no right, title, claims or interest in or to Our Intellectual Property.

9.3 You may not copy, modify or translate any of Our Intellectual Property or related documentation, or decompile, disassemble or reverse engineer any of Our Intellectual Property, to use it other than in connection with the Services, or grant any other person or entity the right to do so.

9.4 Unless otherwise specifically permitted by this agreement, you are not authorised to distribute or to authorise others to distribute any of Our Intellectual Property in any manner without the prior written consent of Netregistry and/or its Supplier (as the context requires); provided, however, that nothing in this clause 9.4 shall preclude you from using Our Intellectual Property as incorporated in the Services. This clause 9.4 shall not operate to extinguish, restrict, vary, waive or affect in any manner whatsoever any right, title or interest which you may now have or hereafter acquire in, or in relation to, the third-party software that is part of or provided with the Services solely to the extent such third-party licensors publicly provide such rights, title or interest in the third-party software to you.

10. Confidential Information

You acknowledge that, in the course of the performance of this agreement, you may have access to customer information and communications, including proprietary information claimed to be unique, secret, or confidential, and which constitutes the exclusive property and trade secrets of Netregistry or its Supplier ("Confidential Information"). You agree to maintain the confidentiality of the Confidential Information and to use the Confidential Information only to the extent necessary for legitimate business uses in connection with this agreement. Upon request of Netregistry or on termination or expiration of this agreement, you shall return the Confidential Information of Netregistry or its Supplier then in your possession to Netregistry or its Supplier. Nothing in this agreement shall prohibit or limit your use of information which

(a) is now, or hereafter becomes, publicly known or available through lawful means;

(b) is rightfully in your possession, as evidenced by your records;

(c) is disclosed to you without confidential or proprietary restriction by a third party who rightfully possesses and rightfully discloses the information;

(d) is independently developed by you without any breach of this agreement;

(e) is the subject of a written permission to disclose provided by Netregistry and/or its Supplier (as the context requires); or

(f) is required by law to be disclosed.

11. Force Majeure

Neither Netregistry nor its Supplier shall be liable for failure or delay in performing its obligations under this agreement if such failure or delay is due to circumstances beyond its reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labour disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Services.

12. Suspension or Termination of this agreement

12.1 In addition to any other rights of suspension under this agreement, Netregistry, its Global Partner/Reseller or its Supplier may from time to time without notice to you suspend a Service, or disconnect or deny you access to any Service:

12.1.1 if you fail to comply with any provision in this agreement (including failure to pay charges due, or, for the avoidance of doubt, any provision in the AUP or Privacy Policy), 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 to the satisfaction of Netregistry or its Supplier (as the context requires);

12.1.2 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. Notwithstanding any suspension of any Service under this clause 12.1, you shall remain liable for all charges due at the commencement of the suspension period throughout the period of suspension.

12.2 In addition to any other rights under this agreement, you agree that Netregistry may without notice to you remove, amend or alter your data upon being made aware of:

12.2.1 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;

12.2.2 if directed to do so by the Australian Broadcasting Authority under a "take down notice", in accordance with the Broadcasting Services Amendment (Online Services) Act 1999 (as amended or replaced from time to time) if we determine (acting reasonably) that such Act applies to you; or

12.2.3 an outside party or outside device disrupting or attempting to disrupt the Services.

12.3 In addition to any other rights of termination under this agreement. Netregistry may terminate this agreement and cease providing the Services to you at any time on 30 days written notice to you. You may terminate this agreement and cease obtaining any Services from Netregistry, or, terminate any Service/s being provided by Netregistry to you, on 30 days' written notice to Netregistry in accordance with the process specified by Netregistry from time to time.

12.4 In addition to clause 12.3, and, in addition to any other rights of termination under this agreement, Netregistry may terminate this agreement and cease providing the Services to you at any time on written notice to you if Netregistry has at any time suspended any Service or disconnected or denied access to any Service under clause 12.1.1.

12.5 Where Netregistry supplies a Service to you through a Supplier, Netregistry may terminate and replace such Supplier at any time without notice to you. Netregistry will, however, endeavour to replace such Supplier:

12.5.1 with no or minimal disruption to the supply of the Services; and

12.5.2 on substantially the same terms as are set out in this agreement.

12.6 Where Netregistry is unable to comply with clause 12.5.2, you may terminate your agreement with Netregistry and cease obtaining any Service/s from Netregistry within 30 days' of being notified of the new terms on which Netregistry intends to supply the relevant Service/s to you. Where you terminate your agreement with Netregistry under this clause 12.6, Netregistry will refund you any fees previously paid by you on a pro rata basis.

12.7 In addition to any other obligation under this agreement, if you terminate any Service or, either Netregistry or you terminate this agreement:

12.7.1 you must pay all outstanding charges (including, without limitation, data transfer bandwidth over-usage charges and/or disk space over-usage charges) to Netregistry immediately;

12.7.2 other than if the termination occurs under clause 12.6, you must pay any charges that Netregistry incurs from its Supplier in relation to any charges that Netregistry's Supplier incurs in connection with migrating your data or retrieving any of your emails following termination of this agreement;

12.7.3 any license issued to or by you in relation to the Services will cease from the date of termination; and

12.7.4 Netregistry or its Supplier may delete all data, including Your Content or files (including, without limitation, email files, if applicable) from any storage media without any liability to you whatsoever.

13. Cancellation

13.1 You may cancel a Service/Services in accordance with this clause 13. This clause 13 shall not apply where you terminate this agreement and cease obtaining the Services from Netregistry pursuant to clause 12.6.

13.2 You may cancel a Service/s in accordance with clause 12.3. Where you cancel a Service/s in accordance with clause 12.3, you will be required to pay Netregistry a cancellation fee equal to an administrative fee which shall be either a fee of AU$33.75 inc gst, or, a fee equivalent to the Plan Cost payable with respect to the Services for two months, whichever is greater, which Netregistry may deduct from any payments you have previously paid Netregistry with respect to the Service/s.

13.3 Where you have cancelled any Service/s pursuant to clause 13.2, subject to your payment of the applicable cancellation fee as specified in clause 13.2, and any payments required by clause 12.7, Netregistry will refund you for any other payments you have previously paid to Netregistry with respect to the Service/s being cancelled unless otherwise expressed to the contrary in this agreement (including, without limitation, pursuant to clauses 2.6 or 4.1).

14. Miscellaneous

14.1 The law in force in Victoria, Australia governs this agreement and the transactions contemplated by this agreement.

14.2 In the event it is necessary for Netregistry to enforce its rights under this agreement, you agree to pay all fees incurred by Netregistry (including, but not limited to, legal fees and collection agency fees).

14.3 This agreement shall be binding upon and inure to the benefit of you, your respective successors and assigns. You may not resell any Services or assign your rights and obligations under this agreement without the prior written consent of Netregistry.

14.4 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.

14.5 If any provision of this agreement is held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of this agreement shall remain in full force and effect.

  1. The minimum total cost of the WordPress Hosting plan Yearly Payment option is $599.40 (excluding GST). Upfront payment of 12-month contract is required and is non-refundable if you terminate the service before the end of the term.
  2. The Monthly Payment option is a month-by-month contract, which can be terminated on one month's notice.
  3. Pricing of this hosting plan excludes any Domain Name Registration charges imposed by domain name registration authorities.
  4. If you register a new domain name through Netregistry at the same time as signing up for this service, the Product Terms of our Domain Name Registration service also apply. Please read our Domain Name Registration Product Terms carefully.
  5. This hosting plan supports a number of different payment gateways, however, Netregistry prefers and recommends either Dialect or eWAY. Please contact our Technical Support department on 1800 800 099 (ext. 2) if you wish to use an alternative payment gateway provider to confirm that it is supported on this hosting plan.
  6. If your web site's data transfer exceeds the allocated amount of 2TB per month, an additional fee of $0.077 per extra MB per month is charged.
  7. This product has SSL capabilities
  8. A customer has an application limit of 50. The participating applications included in the limit are as follows: WordPress, Drupal, SMF, Media Wiki, ZenCart, Vanilla, OS Commerce, SilverStripe, Joomla & MySQL Database.
  9. WordPress is Pre-Installed with Jetpack plugins and WordPress SEO.
  10. WordPress Hosting Auto Update Option is available for the customer to select. If the customer chooses this option Netregistry will, on a regular basis, automatically update both the WordPress software and standard plugins to the latest version. Content and layout may change between upgrades. We do not guarantee that this process will not affect the performance content, layout or overall behaviour. Backup versions of your service maybe available for restore at cost.
  11. The server space that is included with this plan is calculated by adding the peak utilisation of your web site storage and the peak storage of all your mailboxes under this account.
  12. Once your server space exceeds the allocated limit of 150GB, an additional fee of $0.099 per extra MB per month is charged.
  13. You have a limit of 10 Managed Exchange Lite mailboxes which are provided at no additional cost as part of your hosting plan and are not subject to any service levels. If you require additional mailboxes or different features you will need to upgrade all your mailboxes to fully paid mailboxes and these will be charged accordingly.
  14. If you request a move to an equivalent product, you will be billed at the new price in your next invoice following the move. If you pay for your product annually, you may move to an equivalent product (and receive the benefits of that product) during the term, however you will be will not be billed at the new price until the beginning of the next term.
  1. The minimum total cost of the WordPress Hosting plan Yearly Payment option is $311.40 (excluding GST). Upfront payment of 12-month contract is required and is non-refundable if you terminate the service before the end of the term.
  2. The Monthly Payment option is a month-by-month contract, which can be terminated on one month's notice.
  3. Pricing of this hosting plan excludes any Domain Name Registration charges imposed by domain name registration authorities.
  4. If you register a new domain name through Netregistry at the same time as signing up for this service, the Product Terms of our Domain Name Registration service also apply. Please read our Domain Name Registration Product Terms carefully.
  5. This hosting plan supports a number of different payment gateways, however, Netregistry prefers and recommends either Dialect or eWAY. Please contact our Technical Support department on 1800 800 099 (ext. 2) if you wish to use an alternative payment gateway provider to confirm that it is supported on this hosting plan.
  6. If your web site's data transfer exceeds the allocated amount of 1TB per month, an additional fee of $0.077 per extra MB per month is charged.
  7. This product has SSL capabilities
  8. A customer has an application limit of 10. The participating applications included in the limit are as follows: WordPress, Drupal, SMF, Media Wiki, ZenCart, Vanilla, OS Commerce, MediumStripe, Joomla & MySQL Database.
  9. WordPress is Pre-Installed with Jetpack plugins and WordPress SEO.
  10. WordPress Hosting Auto Update Option is available for the customer to select. If the customer chooses this option Netregistry will, on a regular basis, automatically update both the WordPress software and standard plugins to the latest version. Content and layout may change between upgrades. We do not guarantee that this process will not affect the performance content, layout or overall behaviour. Backup versions of your service maybe available for restore at cost.
  11. The server space that is included with this plan is calculated by adding the peak utilisation of your web site storage and the peak storage of all your mailboxes under this account.
  12. Once your server space exceeds the allocated limit of 50GB, an additional fee of $0.099 per extra MB per month is charged.
  13. You have a limit of 10 Managed Exchange Lite mailboxes which are provided at no additional cost as part of your hosting plan and are not subject to any service levels. If you require additional mailboxes or different features you will need to upgrade all your mailboxes to fully paid mailboxes and these will be charged accordingly.
  14. If you request a move to an equivalent product, you will be billed at the new price in your next invoice following the move. If you pay for your product annually, you may move to an equivalent product (and receive the benefits of that product) during the term, however you will be will not be billed at the new price until the beginning of the next term.
  1. The minimum total cost of the WordPress Hosting plan Yearly Payment option is $119.40 (excluding GST). Upfront payment of 12-month contract is required and is non-refundable if you terminate the service before the end of the term.
  2. The Monthly Payment option is a month-by-month contract, which can be terminated on one month's notice.
  3. Pricing of this hosting plan excludes any Domain Name Registration charges imposed by domain name registration authorities.
  4. If you register a new domain name through Netregistry at the same time as signing up for this service, the Product Terms of our Domain Name Registration service also apply. Please read our Domain Name Registration Product Terms carefully.
  5. This hosting plan supports a number of different payment gateways, however, Netregistry prefers and recommends either Dialect or eWAY. Please contact our Technical Support department on 1800 800 099 (ext. 2) if you wish to use an alternative payment gateway provider to confirm that it is supported on this hosting plan.
  6. If your web site's data transfer exceeds the allocated amount of 500GB per month, an additional fee of $0.077 per extra MB per month is charged.
  7. This product does not have SSL capabilities.
  8. A customer has an application limit of 5. The participating applications included in the limit are as follows: WordPress, Drupal, SMF, Media Wiki, ZenCart, Vanilla, OS Commerce, SilverStripe, Joomla & MySQL Database.
  9. WordPress is Pre-Installed with Jetpack plugins and WordPress SEO.
  10. WordPress Hosting Auto Update Option is available for the customer to select. If the customer chooses this option Netregistry will, on a regular basis, automatically update both the WordPress software and standard plugins to the latest version. Content and layout may change between upgrades. We do not guarantee that this process will not affect the performance content, layout or overall behaviour. Backup versions of your service maybe available for restore at cost.
  11. The server space that is included with this plan is calculated by adding the peak utilisation of your web site storage and the peak storage of all your mailboxes under this account.
  12. Once your server space exceeds the allocated limit of 15GB, an additional fee of $0.099 per extra MB per month is charged.
  13. You have a limit of 10 Managed Exchange Lite mailboxes which are provided at no additional cost as part of your hosting plan and are not subject to any service levels. If you require additional mailboxes or different features you will need to upgrade all your mailboxes to fully paid mailboxes and these will be charged accordingly..
  14. If you request a move to an equivalent product, you will be billed at the new price in your next invoice following the move. If you pay for your product annually, you may move to an equivalent product (and receive the benefits of that product) during the term, however you will be will not be billed at the new price until the beginning of the next term.