1. Payment for Services. RyServ will invoice client for the yearly amount
or quarterly instalments as well as set up fee plus GST in accordance
with the Client. If this Agreement is terminated for any reason,
then RyServ will not refund any unused prepaid amounts.
2. Satisfaction Guarantee. If you are not completely satisfied
with the Services within the first 30 days of use, you will be
given a full refund excluding set up fees and overages
3. Variation of Agreement. RyServ reserves the right to unilaterally
vary the terms, fees and conditions contained in this Agreement
at any time without prior notification to the Client of its intention
to do so. However, upon any variation the Client will be issued
with a notice from RyServ detailing any variations made and the
Client will be deemed to have accepted any such variation unless
written notice of termination is given to RyServ within seven
(7) days of receipt of such notification.
4. Term. This Agreement will continue for the time specified in
the Plan ("the Term") selected by the Client and will
not be automatically renewed on the expiry of the initial Term
for yearly terms. Near the end of each yearly term a new invoice
will be issued asking the Client whether or not he/she wishes
to continue by renewing the hosting account for a further term.
Quarterly terms are renewed automatically and an invoice is sent
prior to the start of the next quarter to pay for the following
quarter term.
5. Termination. Unless otherwise stated this Agreement may be
terminated at any time by either party on the giving of sixty
(60) days notice in writing by post or facsimile transmission.
If either party terminates this Agreement for any reason, then
RyServ will not refund any unused prepaid amounts. E-mail and
telephone requests will not be acceptable as notification of termination.
6. Compliance with Law. Client will use the Services offered by
RyServ in a manner consistent with all applicable Local, State,
Federal and International laws, treaties and regulations and any
violation of this provision can result in termination immediately
or with 30 days notice depending on the severity of the of the
violation and RyServ shall retain the unfettered discretion in
determining the severity of such a breach.
7. Prohibition of Publication of Certain Material. Client shall
not knowingly or unknowingly submit to RyServ for publication
through the Service any of the following material (including pictures,
links, or any other content):
(a) any material which violates or infringes any copyright, trademark,
trade secret, patent, statutory, common law or other proprietary
rights of others;
(b) any material that is libellous or slanderous;
(c) any material which is or contains anything obscene or pornographic;
or
(d) distribution lists to be used via unsolicited electronic mail
or other mass electronic mailings including but not limited to:
mass-newsgroup postings, SPAM and unsolicited email sent from
Client's host server, or any other service on the Internet, which
contains Client's domain name or any other domain name on RyServ's
network; or (e) any material, virus, Trojan Horse or other programme
which is designed to damage, destroy or harm in any way both hardware
and/ or software of the computer and electronic operating systems
of RyServ or any third party.
(f) any mp3's, video streaming or video files; Any violation of
the above conditions or failure or refusal by Client within seven
(7) days to remove any material or content referred to above on
request by RyServ may result in termination of Client's account
and RyServ has the unfettered discretion in determining what constitutes
unacceptable material or content. RyServ does not screen in advance
Client's material submitted to RyServ for publication. RyServ's
publication of material submitted by Client does not create any
express or implied approval by RyServ of such material, nor does
it indicate that such material complies with the terms of this
Agreement.
8. Confidential Information/Privacy. Due to the public nature
of the Internet, all material submitted or e-mail sent by Client
to or through the Services will be considered publicly accessible
and RyServ makes no warranties as to the confidentiality, secrecy
or privacy of any information so submitted or sent whether or
not the Client expressly informs RyServ or it can be reasonably
inferred such information is confidential or private.
9. Limitation/Disclaimer of Liability. RyServ does not represent
or warrant to Client that Client will receive continual and uninterrupted
Services during the term of this Agreement. In no event shall
RyServ be liable to Client for any damages resulting from or related
to any failure or delay of RyServ to provide Services under this
Agreement if such delays or failures are due to strikes, riots,
fire, inclement weather, acts of God, theft or vandalism or other
causes beyond RyServ control, as defined by standard practices
in the industry. Such failure or delay shall not constitute a
default under this Agreement. Neither RyServ, its directors, servants,
agents or employees shall be in any way liable for any loss or
damage of any nature whatsoever suffered, whether arising directly
or indirectly, by the Client or any person related to or dealing
with the Client out of, in connection with or reasonably incidental
to the provision of the Services by RyServ to the Client.
10. Disclaimer of Warranties. While RyServ uses all reasonable
care in providing the Service, RyServ shall not have any liability
whatsoever in contract, tort or otherwise to any party in respect
of any loss or damage (including without limitation direct or
consequential loss, economic loss or loss of other contracts)
arising out of the provision of the Service, any inaccuracy or
error or omission from any part of the Service or a Client's inability
to use the Service and information contained therein and in the
event that this Agreement constitutes a supply of services to
a consumer as defined in the Trade Practices Act 1974 or relevant
State or Territory legislation, nothing contained in this Agreement
excludes restricts or modifies any condition, warranty or other
obligation where to do so would be unlawful and in such event
RyServ's sole liability for breach of any such condition, warranty
or other obligation, including any consequential loss which the
Client may sustain or incur shall be limited to in relation to
services the supplying of the Service again or the payment of
the cost of having the Service supplied again as RyServ may elect.
11. Indemnity. Client agrees to defend, indemnify and hold RyServ
harmless from and against any and all claims, losses, liabilities
and expenses (including solicitors' fees) related to or arising
out of the Services provided by RyServ to Client under this Agreement,
including without limitation claims made by third parties (including
customers of Client) related to any false advertising claims,
liability claims for products or services sold by Client, claims
for patent, copyright or trademark infringement, claims due to
disruption or malfunction of services provided hereunder, or for
any content published by Client using the Services, but excluding
those directly caused by the negligence of RyServ.
12. Resale of RyServ's Service. If Client acts as a 'reseller'
of the Services provided by RyServ to Client hereunder, by Client
providing similar services to its customers, then all the terms
of this Agreement shall apply to the resale. Without limiting
the foregoing, Client's obligations under Section 12 ('Indemnity')
shall apply to any and all claims made against Client and/or RyServ,
which arise out of the resale of RyServ's Services. 13. Netiquette.
The Client agrees to follow generally accepted rules of "Netiquette"
when sending e-mail messages or posting to newsgroups.
14. Password. The Client is responsible for security of their
password. RyServ will not change passwords to any account without
proof of identification, which is satisfactory to RyServ, which
may include written authorisation with signature.
15. RyServ Impartial. In the event of any partnership break-up,
divorce or other legal problems effecting the Client, Client understands
that RyServ will remain neutral and may put the Service on hold
until the situation has been resolved. Under no circumstances
will RyServ be liable for any losses incurred by Client during
any time of determination of ownership, or otherwise.
16. Governing Law. This Agreement shall be governed by the laws
of the State of New South Wales, or where applicable the Commonwealth
of Australia and the parties expressly submit to the jurisdiction
of the Courts of that State or, where applicable, of the Commonwealth.
17. Relationship of the Parties. It is agreed that no partnership,
joint venture, agency or employee/employer relationship is intended
by this Agreement and any implication as to any such relationship
is hereby expressly negatived.
18. Taxes. If any Federal, State or Local government entity with
taxing authority over the Services provided under this Agreement
imposes a tax, including but not limited to a Goods and Services
Tax, directly on the Services provided by RyServ to Client under
this Agreement (excluding any income, business and occupation,
capital gain, death or inheritance, or other indirect taxes),
then RyServ may pass the direct amount of such cost on to Client,
and Client shall promptly pay such cost.
19. Waiver. Any party's failure to insist on compliance or enforcement
of any provision of this Agreement shall not affect its validity
or enforceability or constitute a waiver of future enforcement
of that provision or of any other provision of this Agreement.
20. Solicitors' Fees. If a legal proceeding is commenced to enforce
or obtain a declaration of rights under this Agreement, the prevailing
party in such proceeding shall be entitled to recover its reasonable
attorneys' fees and costs incurred in the proceeding from the
non-prevailing party, as well as any reasonable attorneys' fees
and costs that the prevailing party incurred prior to commencing
the proceeding.
21. IP Addresses. RyServ maintains control and any ownership of
any and all IP numbers and addresses that may be assigned to Client
and reserves in its sole discretion the right to change or remove
any and all IP numbers and addresses.
22. Refusal of Service. RyServ retains the absolute and unfettered
discretion to approve or refuse the provision of the Services
used by the Client.
23. Corporate Client. If the Client is a company
23.1 it shall be bound by these terms and conditions in its own
right as a company;
23.2 the Directors of such a corporation shall personally guarantee,
jointly and severally, to RyServ, the performance of the company
of the obligations under this Agreement and the Directors shall
be liable in law or equity, for any breach or liability under
this Agreement, whether caused by act or omission on the part
of the company, its agents, servants or employees.
23.3 The Directors shall indemnify and keep indemnified RyServ,
its directors, servants, agents and employees against any and
all claims, suits, actions and demands of any kind and howsoever
arising out of or in connection with this Agreement and the supply
of those services by RyServ to the Client.
24. Assignment. The rights granted to the Client under this Agreement
and any Services supplied is personal to the Client and is not
to be assigned or transferred to any third party without the express
prior consent in writing of RyServ.
25. Shared Servers. The Client understands the Service is provided
on a shared server and acknowledges that its web-site cannot overwhelm
the server with heavy usage from highly active scripts such as
CGI or chat scripts and in the event that usage of Client's web-site
overwhelms the server leading to complaints from other clients,
it will be deemed by RyServ to have outgrown the realm of shared
servers and will need to relocate its web-site whereupon RyServ
will refund any unused portion of pre-paid services and immediately
terminate this Agreement.
26. Severability. Should any part of this Agreement be or become
invalid, that part shall be severed from this Agreement and such
invalidity shall not affect the validity of the remaining provisions
of the Agreement.
27. Survival of Certain Provisions. Each indemnity under this
Agreement is a continuing indemnity and shall constitute a separate
and independent obligation of the party giving the indemnity from
its other obligations under this Agreement and unless a contrary
intention is indicated shall survive the termination or completion
of this Agreement.
28. Entire Agreement. The Client acknowledges and agrees that
this Agreement is the entire Agreement between the parties and
excludes all oral or implied representations and terms unless
such terms are agreed between the parties in writing.
CONFIRMATION OF AGREEMENT Print name (block letters) I _____________________________________________________Of
(company name / address) ____________________________________________________________________________________________
have read and understand fully the conditions of the above agreement.
I agree to abide by the conditions set forth in the above contract.
Signature ___________________________________________________
Date ________________________
