Terms And Conditions

Welcome to Goodhost.com.au (Faith Computing Pty Ltd ACN 138 361 510, trading as ‘Good Hosting Services’. These terms and conditions of service (collectively, with our “Privacy Policy”, the “Terms of Service” or “Agreement”) govern your use of the Website and our services, features, content or applications.

Please read these Terms of Service before using the Services. If you do not agree to these Terms of Service, you must cease use of these Services and exit the website immediately.

1. Parties

  1. Where this Agreement refers to “We”, “Our”, “Ours” or “Us” it is referring to Faith Computing Pty Ltd trading as Good Hosting Services or goodhost.com.au, Our affiliates or any respective directors, officers, employees, agents, contributors, third party content providers or licensees involved in service or product provision.
  2. Where this Agreement makes reference to “User”, “Subscriber” “You”, “Your” and/or “Yourself” it is referring to any and all persons or entities using services provided via Our website or accessing services and/or products provided by Us, including business owners and their representative operators as a direct or indirect result of using Our site(s) or enterprise services.
  3. These Terms of Service apply to all users of the Services, including without limitation any sub-users.

2. Scope, Purpose, Meanings Intended and Changes

  1. This Terms of Service document, hereafter referred to as the “Agreement”, explains the terms of service, responsibilities, benefits, restrictions and liabilities You agree to by entering into a service arrangement with Us, or by accessing or using Our services or information provided by Us. As a user of Our website(s) or as a user of Our products and/or services, You enter into the following legally binding agreement.
  2. These Terms constitute the entire and only agreement and supersede all prior or contemporaneous agreements, conduct, representations, warranties and understandings.
  3. Where the term “Work” is used, it refers only to the final, deliverable service or product, and not any preliminary Work or sketches.
  4. Where the term “Designer Tools” is used, it refers to the means and/or tools developed or utilised by Us in performing the services supplied, including without limitation: pre-existing and newly developed software, Web authoring tools, type fonts, and application tools.
  5. Legitimate meanings are not altered or invalidated by the headings provided in the Agreement if You misunderstand any meaning or grammatical variants do not alter the intended meaning.
  6. We reserve the right to modify, amend or remove the terms of this Agreement and Our policies at any time and from time to time by posting changes online. These shall take effect immediately when posted on the Website. We will make reasonable efforts to inform You of the changes.
  7. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time.
  8. Your continued access to or use of Our services is Your indication that You agree to all changes (including those of which You may have been unaware). We encourage you to review the Terms of Service whenever you use the Services. If you do not agree to any change you must immediately stop using the Services.
Non-Binding and Complimentary plain English Explanations
  1. Parties
    You and we are referred to in the agreement
  2. Scope, Purpose, Meanings Intended and Changes
    This document is an agreement clarifying what is expected of You and Us. It is the only agreement in force, certain words have certain uses, we agree on how language is used and these terms may change.

3. Jurisdictions and Limitations Notified

  1. Subject to any overriding conflict of laws, these terms and Your dealings with Us shall be construed in accordance with the substantive and procedural laws of the State of New South Wales and the Commonwealth of Australia, without regard to principles of conflict of laws. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of courts exercising jurisdiction there and to the conducting of any court proceeding within the geographical confines of Sydney, NSW.
  2. Any provision that is prohibited or unenforceable in any jurisdiction will be ineffective in that jurisdiction to the extent of the prohibition or unenforceability. That will not invalidate the remaining Terms nor affect the validity or enforceability of that provision in any other jurisdiction.
  3. We do not warrant that the content of Our site(s) complies with the laws of Your country or jurisdiction. You accept responsibility for ensuring or confirming compliance with all laws that apply to You.
  4. You consent to the service of process via email at the email address(es) provided by you and waive any requirement under any judicial treaty requiring that legal process be translated into any language other than English.
  5.  You are responsible for ensuring that Your use of Our services is lawful, does not infringe any third party’s rights and does not breach any standards, content requirements or codes promulgated by any relevant authority (including relevant industry codes of practice). The right to access the Services is revoked where these Terms of Service or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation.
  6.  Further, the Services are offered only for your use, and not for the use or benefit of any third party.
  7. Nothing on this site constitutes an offer to provide products or services in any jurisdiction if to do so would contravene the laws of that jurisdiction.
Non-Binding and Complimentary plain English Explanations
  1. Jurisdictions and Limitations Notified
    We agree to operate by NSW and Australian laws, you will obey your local and other laws (incl. copyright) and if we have problems.

4. Your Acceptance

  1. Using Our website, any service or product or making commercial enquiry of Us, in any manner, indicates Your acceptance of the terms of this Agreement, and to be bound by them, whether seen or unseen, read or unread, understood or misunderstood as well as the all other operating rules, policies and procedures mentioned in this Agreement or published from time to time on the Website by us, and which may be updated from time to time without notice to you.
  2. You agree to observe and comply with any policies in place by a service provider accessed by You through Our network.
  3. You warrant that there is no legal impediment to your entering this Agreement and that it will be legally enforceable against you in accordance with its terms.
  4. You represent and warrant that you are 18 years of age or older. 
  5. If You do not agree to these Terms, You should not review information or obtain services or products from Us. If there is an existing arrangement that needs to be cancelled contact Us immediately.
Non-Binding and Complimentary plain English Explanations
  1. Your Acceptance
    If you use us, you agree to these and future terms, you are legally able to enter into this agreement, and you agree to manage and secure your account in an appropriate manner.

5. Your Account

  1. You must register to use our Services by creating an “Account”. When you do this You must provide accurate and complete information and keep your Account information updated
  2. Regarding Account security:
    1. You are solely responsible for the activity that occurs on your Account, regardless of whether the activities are undertaken by you, your employees or a third party (including your contractors or agents), and for keeping your Account password secure. You will be held responsible for violations of the Services by sub-users or persons who gain access using your access codes.
    2. You must notify all persons who you allow to receive access to your Services of the provisions of these Terms of Service and that these Terms of Service are binding upon them.
    3. You must utilise proper security protocols such as setting strong passwords and access control mechanisms, safeguarding access to all logins and passwords, and verifying the trustworthiness of all persons with your account access information. You should never publish, distribute or post login information for your Account.
    4. You will not use as a username a name subject to the rights of another without appropriate authorisation; with the intent of impersonating a person, or that is otherwise offensive, vulgar or obscene.
    5. You may never use or interfere with another person’s user account or registration information for the Services without permission.
    6. You must notify us immediately of any change in your eligibility to use the Services, breach of security or unauthorised use of your Account.
    7. You must notify us immediately of any unauthorised use of your account, the Services we supply to you or any other breach of security.
    8. You must tell us if and when you learn of any security breaches regarding your Services. You must also help us or any government authority investigate, prosecute and fix those breaches. If we ask you to help us with any legal action in relation to those breaches, then we will pay your reasonable costs for assisting us in that action.
  3. Regarding Account suspensions and cancellations:
    1. You shall have the ability to delete your Account, either directly or by following the instructions on the Website or through the Services.
    2. Account cancellation requests must be submitted prior to the next billing cycle.
    3. Dedicated servers and products on arrears billing cycles must be cancelled 14 days before the next billing cycle, failure to do so will result in that Service being billed for an additional cycle.
    4. Cancellations must be submitted via a cancellation request in the “My Account” of our website.
    5. Cancellation requests must also include the domain name associated with the account if it is a shared or reseller account, and the server IP address if it is a dedicated server.
    6. You may be contacted shortly after the submission of your cancellation request, you must respond to complete the cancellation process.
    7. Products and Services with arrears billing which also have usage-based billing such as but not limited to ‘per gigabyte (GB) data usage excess, cloud utility per hour billing, operating system software and feature licenses’ will receive a final invoice on the 1st of the month for the previous usage month.
    8. We will not consider any Agreement terminated until payment of the arrears amounts is received in full.
    9. We are under no obligation to provide you with a copy of your Data or User Content if we terminate or suspend all or part of your Services. Nor are we under any obligation to refund you amounts automatically debited from your PayPal account or bank account after your Service has been terminated.
    10. It is your responsibility to terminate any other subscriptions. If we are required to refund you any payments received, then we may charge you an administration fee for doing so by deducting that amount from the amount to be refunded to you.
    11. We reserve the right, in our sole discretion, to terminate or suspend your access to all or any part of the Services at any time, with or without notice, effective immediately, including but not limited to as a result of your violation of any of these Terms of Service or any law, if you suffer an Insolvency Event, we are required to do so by law, or if you misuse system resources, such as, by employing programs that consume excessive network capacity, CPU cycles, or disk IO. Any such termination or suspension may result in the forfeiture and destruction of information associated with your Account.
    12. If we choose to cancel your Service you will receive a prorated refund for unused Service and will be provided 30 days to move your Service to an alternate provider.
    13. We may provide prior notice of the intent to terminate or suspend Services to you if such notice will not, in our discretion, run counter to the intents and purposes of these Terms of Service.
    14. Any fees paid hereunder are non-refundable and any fees owed to us before such termination or suspension shall be immediately due and payable, including any liabilities that may have been incurred prior to termination or suspension such as our costs for collection (including its legal fees) of any such charges or other liabilities.
    15. Upon termination, any and all rights granted to you by this Agreement will immediately be terminated, and you must promptly discontinue all use of the Services.
    16. Upon reactivation of your Account following a suspension, we may require you to pay us in full for all outstanding amounts and pay a reactivation fee at our discretion.
    17. All provisions of these Terms of Service which by their nature should survive termination shall survive termination or suspension, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
    18. On Cancellation of your account with us, we reserve the right to stop any ongoing licensing or subscriptions used by your website. It will be your responsibility to relicense any of these licences.
Non-Binding and Complimentary plain English Explanations
  1. Your Account
    Your account carries responsibilities that include security, obligations to inform others of the Terms, rules regarding usernames, notifications and account use.

6. Account Communications and Financial Transactions

  1. Almost all of our account communications take place via email. You must register to use our Services by creating an “Account”. When you do this You must provide accurate and complete information and keep your Account information updated
  2. Regarding account maintenance, orders made, upgrades and adjustments:
    1. You must maintain current, complete and accurate billing information on your account.
    2. You must promptly advise us, or our payment processors, if your payment method is cancelled for any reason (e.g., that or loss), or if you suspect there has been a potential breach of security.
    3. If you fail to maintain current information or notify as described above, you agree that we may continue charging you for any use of paid services under your billing account unless you have terminated your paid services under the Terms of this Agreement.
    4. You may ask us to manually upgrade or adjust the Services you buy, You can do this digitally or over the phone, provided that you can verify your identity and authority. We reserve the right to require you to make changes via online processes.
    5. You may request upgrades and downgrades for a current period only. Services once billed are irrevocable.
    6. If you require more bandwidth for the current period, please contact us no later than 48 hours prior to the end of the billing period.
    7. You are responsible for ensuring our email correspondence is not caught up in Your SPAM filters.
    8. We reserve the right to accept or reject orders for Services placed by you.
  3. Regarding pricing and some related Terms:
    1. For specific pricing policies, please refer to https://goodhost.com.au/
    2. Unless stated otherwise, prices shown on the Website are inclusive of Goods and Services Tax (GST) and all other taxes.
    3. We reserve the right to change our prices during a billing cycle.
    4. All published price changes will be effective at the beginning of the next billing cycle after the date of publication of the price change and your payment or continued use of the Service constitutes acceptance of any price change by us.
    5. For PAYG Cloud Services, we reserve the right to change our prices upon giving You one month’s prior written notice.
    6. Any payment terms presented to you in the process of using or signing you up for paid Services are deemed part of this Agreement.
    7. These terms come into effect for monthly and annual accounts (as selected by you) immediately upon Your creating an Account with an email address, or we create this at your request online. For Prepaid Services, terms come into effect when you confirm acceptance of the offer and we receive full payment from you of our invoice.
    8. Prepaid Services are usually billed monthly in advance. All other services are usually billed monthly in arrears with payment due no later than (5) days past the invoice date.
    9. You are entirely responsible for the payment of all taxes.
    10. From time to time we may offer discounts, coupons and periodic programs. Any terms particular to those will be posted in our advertising or on the Website and will be deemed to be incorporated into this Agreement.
  4. Regarding our online and automated billing system:
    1. We accept payment using major credit cards via our payment processor (eWay.com.au). We also have means of accepting Cryptocurrency. Unfortunately, Direct Debit or Cheque payments are not currently accepted. At our sole discretion, and in extenuating circumstances, we may accept payment via direct deposit into our nominated bank account, possibly subject to credit checks and application.
    2. By providing us with your credit card details, you irrevocably authorise us to debit your credit card for all moneys payable pursuant to this Agreement and for any Products and Services purchased via the Website.
    3. We use third-party payment processors (“Payment Processors”). The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processors in addition to this Agreement. We are not responsible for errors by the Payment Processors. By choosing to use our paid Services, you agree to pay us, through the Payment Processors, all charges at the prices then in effect for any use of such paid Services in accordance with the applicable payment terms and you authorise us, through the Payment Processors, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
    4. You agree to ensure sufficient funds are available in Your nominated account to meet any account withdrawals made by Us on their scheduled due dates.
    5. We reserve the right to commence billing from the commencement of services and in advance of delivery of any final Work.
    6. Where another agent or enterprise is debiting funds pursuant to an arrangement entered into with Us, You also affirm the same rights and undertakings explained in this policy to them.
  5. Regarding refunds:
    1. We reserve the right to issue pro-rata or full refunds, or equivalent credit notes, in appropriate circumstances, at Our own discretion.
    2. All setup fees, domain registration and SSL certificates are not refundable.
    3. We offer refunds only in circumstances required by law, or when we determine for some reason to act beyond these requirements. You may have rights under the law.
    4. If you cancel a pre-paid service, a credit note may be issued to your Account in lieu of a refund.
    5. Please retain the proof of your agreement, e.g. your invoice, scope or quote if making enquiries regarding this.
  6. Regarding difficulties with payment or non-payment:
    1. We endeavour to work with clients who have financial difficulties. If You are having difficulties or require a payment plan please contact Us.
    2. You will be deemed to be in arrears if you have not paid a due amount in full by the due date.
    3. If payment is defaulted or not received, You authorise Us to debit any outstanding funds from Your nominated account without the need for notification at a future date.
    4. Where an amount is more than ten (10) days overdue, we may suspend Service to such account and bring legal action to collect the full amount due, including any lawyers’ fees and costs.
    5. If your Account is suspended, this may include powering off your server(s) or website(s) during the suspension period.
    6. If your Account is more than 45 days overdue, we may delete your suspended websites or machines without notice to you.
    7. We reserve the right to charge a late fee on invoices that are unpaid after 30 days of their due date. All outstanding amounts shall bear interest at the rate of up to 15% per annum calculated daily, from the day it falls due until the day it is paid. In circumstances we deem appropriate we may reduce or cancel late fees.
    8. We reserve the right to take complete ownership and control of any or all websites, domain names or other digital intellectual property in the event of a non-payment of invoices for a period of over 6 months. We may release said intellectual property on payment.
    9. We reserve the right to on-sell or otherwise authorise a debt-collection or other authorised agency to collect any amount not paid by You. The Collections Agencies may, at their discretion, seek to commence legal action in order to retrieve funds. Should all activities with Collections Agencies be exhausted, debts may be sold to a debt buyer that is a current member of an ASIC approved external dispute resolution scheme.
    10. We reserve the right to inform other providers of Internet, Information Technology or other credit watch monitoring services of ongoing defaults trends or payment-avoiding strategies employed where we deem it is appropriate.
  7. Regarding insolvency or bankruptcy:
    1. We reserve the right to immediately suspend the Services we provide and to cancel any rebates, discounts or allowances due or payable to you, or any other amounts you would otherwise be entitled to receive, as at the date of the Event of Default.
    2. We reserve the right to declare all monies owing and outstanding as immediately due and payable, and will include in these payables, any Services supplied, late fees and other out of pocket expenses incurred (such as but not limited to bank charges, late payment fees and dishonour fees) not yet invoiced.
Non-Binding and Complimentary plain English Explanations
  1. Account Cancellations
    You can close your account, and so can we (or suspend)

7. Warranties Disclaimer

  1. You acknowledge that we have no special relationship with or fiduciary duty to you. You acknowledge that we have no duty to take action regarding Your access to the Services, the Content you access via the Services, or how you interpret or use the Content.
  2. To the maximum extent permitted by law, we exclude all warranties by Us that otherwise would be implied in any transactions for the supply by Us of Our site(s), information, products or services (including warranties of satisfactory quality, merchantability and fitness for purpose). All warranties and guarantees offered are express as stated and limited to that clearly stated therein.
  3. The Services and content are provided “as is”, “as available” and without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed to the maximum extent permitted by law. We, and our directors, employees, agents, suppliers, partners, assigns and content providers do not warrant that: (i) the services will be secure or available at any particular time or location; (ii) any defects or errors will be corrected; (iii) any content or software available at or through the Services is free of viruses or other harmful components; or (iv) the results of using the Services will meet your requirements or produce particular results required by you. Your use of the Services is solely at your own risk.
  4. We make no representations concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Services
  5. All warranties and guarantees are offered strictly to those services named within the text of the warranties and/or guarantee and under the terms and provisions stated. There is no implied extension of the warranties and guarantees of one service or product applying to another product or service.
  6. To the maximum extent permitted by law, you release us from all liability for you having acquired or not acquired Content through the Services We make no representations concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Services.
  7. If any legislation, such as the Australian Consumer Law, implies in this Agreement or otherwise prescribes any condition, guarantee (including consumer guarantees) or warranty that cannot be excluded or modified, then that condition, guarantee or warranty is deemed to be included in this Agreement. However, to the extent permitted by law, our liability for breach of such statutory condition, guarantee or warranty is limited at our option to any one or more of the following:
    1. In the case of goods – the repair of the goods, the replacement of the goods or the supply of equivalent goods or to the payment of the costs of repair, replacement or supply of equivalent goods; and We reserve the right to immediately suspend the Services we provide and to cancel any rebates, discounts or allowances due or payable to you, or any other amounts you would otherwise be entitled to receive, as at the date of the Event of Default.
    2. In the case of advice, recommendations, information or services, by supplying the advice, recommendations, information or services again, or by paying the cost of supplying the advice, recommendations, information or services again declare all monies owing and outstanding as immediately due and payable, and will include in these payables, any Services supplied, late fees and other out of pocket expenses incurred (such as but not limited to bank charges, late payment fees and dishonour fees) not yet invoiced.
Non-Binding and Complimentary plain English Explanations
  1. Disclosure to Law Enforcement
    If appropriate authorities ask, and they have their ‘paperwork’ in order, we will inform them of your account activities.

8. Liability and Indemnities

  1. The disclaimers, liability limitations and indemnities within this Agreement do not exclude rights that by law may not be excluded.
  2. We do not make any express or implied representation or warranty about, or shall be liable, in contract, tort (including negligence) or otherwise, for any direct, indirect, special or consequential loss, damages or reliance in connection with any of Our sites, content or any products or services provided by Us.
  3. We retain limited liability to You. Our total liability (if any) for loss, damage or reliance shall be limited, at Our election, to re-supply, repair, replacement or supply of equivalent products, services or information, or payment of the cost of doing this.
  4. You acknowledge that the fees paid by you reflect the allocation of risk set forth in this Agreement and that We would not enter into this Agreement without these limitations. You hereby waive any and all claims against Us arising out of your purchase or use of the Services, or any conduct of our directors, officers, employees, agents or representatives. We make no representations concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Services
  5. Your sole and exclusive right and remedy in case of dissatisfaction with the Services or any other grievance shall be: (a) in the case of a consumer able to rely upon the Australian Consumer Law, the remedy set out in clause 10.G above; or (b) in all other cases, your termination and discontinuation of access to or use of the services.
  6. You shall defend, indemnify, and hold harmless us, our affiliates, parents, subsidiaries, any related companies, licensors and partners, and each of our and their respective employees, officers, directors, agents, contractors, suppliers, assigns and representatives from all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred or suffered by You or Us as a direct or indirect consequence of accessing, using, misusing or attempting to use Our information, products, services, User Content or any breach by You or Your agents of the Agreement or otherwise from violation of these Terms of Service or of any law, or infringement of any intellectual property or other right of any person or entity. We are not responsible for, and expressly disclaim all liability for damages of any kind arising out of use, a reference to, or reliance on any information contained within the site(s), or through use of Our products or services.
  7. The indemnity does not apply to the extent that we cause or contribute to our own loss or damage. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defences. This clause survives the termination or expiry of this Agreement
  8. In no event shall we, nor our directors, employees, agents, partners, suppliers, assigns or content providers, be liable under contract, tort, strict liability, negligence or any other legal or equitable theory with respect to the services:
    1. For any lost profits, data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, compensatory or consequential damages of any kind whatsoever, substitute goods or services (however arising),
    2. For any non-renewal of the services
    3. For any bugs, viruses, trojan horses, or the like (regardless of the source of origination),
    4. In connection with our anti-spam or virus filters, or
    5. For any direct damages in excess of (in the aggregate) of fees paid to us for the particular services during the immediately previous one month period, even if We had been advised of, knew, or should have known, of the possibility thereof.
  9. Where We provide a copy of a Work in the form of a policy or term (such as but not limited to Terms of Use, Terms of Sale or Privacy Policy) this should not be treated as legal advice. They may not have been professionally vetted or tailored to Your specific needs. All legal documents provided are only to be used as a starting point and should be changed or replaced as directed by Your relevant legal counsel. You authorise Us to provide and publish in the Work such copy, in the sample form, prior to vetting by You. We disclaim any liability connected to the use of such copy and recommend the use of appropriate professional legal services to vet or tailor any copy provided so that Your particular circumstances and needs are accommodated.
  10. The limitation and terms explained herein include (but is not restricted to) loss or damage You might suffer as a result of:
    1. Reliance on the completeness, accuracy, suitability or currency of information, products or services irrespective of any verifying measures taken by Us (including third party material and advertisements).
    2. Failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records.
    3. Accessing sites or servers maintained by other organisations through links on Our site(s) or services. Links are provided for convenience only. We do not endorse linked sites nor their products and services and You access them at Your own risk.
    4. The use of credit card or other financial information, failure to complete (or delay in completing) any transaction or other loss or damage arising from any transaction made or attempted on Your site(s), Our site(s) or via Our procedures.
    5. Defamatory, threatening, offensive or unlawful conduct of third parties or Our publication of any materials relating to or constituting such conduct.
    6. A result of a breach by Us of Our Privacy Policy (other than a wilful breach).
    7. The loss of existing rankings or site URL benefits or structures. Please note that while efforts will be made to maintain search engine rankings and/or the continued functionality of external links, we cannot guarantee that either existing rankings or URL links will remain the same or equivalent.
    8. Delays to results. Improvements in website performance may take place quickly but typically require two months to be evidenced.
    9. Fluctuations in website search engine ranking performance of any type, regardless of the specific services you have employed Us for. Changes to the algorithm used by search engine providers are beyond our control, and changes to penalty and other factors can result in loss of position to various degrees. At the time of implementation, We exercise due care and professional awareness, however, it is impossible to anticipate or control how third-party services will respond to strategies in the short term or in the longer term.
    10. Competitor performances that are a result of our services. Unless specifically stated in a trade-restriction arrangement, We do not guarantee to withhold our services from competitors (even though on principle we are usually reluctant to do so). On request, usually for additional fees, and for a limited time, we may provide exclusivity limitations to specified services, however, the impacts of work already performed, or work performed after the agreement period ends may impact on competitor performances.
Non-Binding and Complimentary plain English Explanations
  1. Changes
    Changes happen. We’ll try and inform you, but even if we don’t, or you miss the notifications, the changes are still in force, and you are subject to them.

9. Confidentiality

  1. You must keep confidential any confidential information to which it is given access, and shall cooperate with our efforts to maintain the confidentiality thereof. You must not publish to third parties or distribute information or documentation that we provide you with for purposes of operating and maintaining its systems, including material contained in estimates, invoices, work orders, or other such materials.
  2. We may disclose your Account details to any law enforcement bodies who investigates your use of our Service. We will not be liable for any loss or damage as a result of your failure to provide us with accurate information or to keep your Account secure or with any investigation by law enforcement bodies.
Non-Binding and Complimentary plain English Explanations
  1. Jurisdictions and Limitations Notified
    We operate according to NSW’s laws, and, as enforceable, when using our Services, so do You. You also must also obey your local and all other laws (incl. copyright).

10. Opinions Given and Variability of Suitability

  1.  Opinions expressed on or off-site are at times those of relevant contributors. We do not necessarily share those opinions.
  2. Where observations or commentary are offered, individual application and relevance may vary significantly depending upon any particular individual’s circumstances. When You require specific advice for Your individual circumstances, You should consult an expert disclosing all relevant matters. We endeavour to assist in areas where We have the expertise but do not accept responsibility for commentaries made beyond those required of Us by law and not excludable under the law within Our jurisdiction and this Agreement. Website, as well as other service and product consultations, can cover a broad range of business and related topics and You are responsible for evaluating and acting upon any consultations received.
  3. We make no representations as to the currentness, suitability, accuracy, validity or completeness of any information and will not be liable for omissions, errors or delays in this information or any injuries, losses or damages arising from its use or display.
Non-Binding and Complimentary plain English Explanations
  1. Liability and Indemnities
    We couldn’t call it an agreement without the ‘small print’, but we’ve used plain-speak as much as possible

    Basically, if you don’t read into this agreement something that isn’t there; if you don’t try and blame or litigate against us for something we didn’t directly and explicitly cause; if you accept the calculated risks and vulnerabilities of business and don’t try and palm those risks into us, if you undestand we are an external support to your business rather than a internal working of your business, and you behave like a decent human being, none of those will ever come into play.

11. Monitoring of and Responses to Non-Compliance

  1. We reserve the right to monitor Your compliance with this Agreement by any means and to take action if we deem it necessary.
  2. We reserve the right to determine whether Your actions are a breach of any of these terms.
  3. We reserve the right to act on any complaint received and will cooperate and assist fully with law enforcement agencies if required.
  4. We will report breaches of this policy to appropriate law enforcement agencies where deemed appropriate.
  5. We reserve the right to charge fees for problems caused by breaches of this Policy. These charges will be equal to any resulting cost incurred by Us, as calculated by Us and explained to You in writing. You will receive an invoice, with terms of 14 days, payable via Our usual payment facility and method.

12. Use of Subscription and Registered User Services

  1. We may offer services not available to non-registered users. Any terms and conditions attached to the use of such a service are in addition to these terms.
  2. If You are a registered user or subscriber to this site or any of Our products or services, You acknowledge and agree that:
    1. You are solely responsible for the protection and confidentiality of any password or user ID that may be issued to or subscribed for by You from time to time (“Password”);
    2. You will not reveal (or cause to be revealed through any act or omission) Your Password to any other person;
    3. You will immediately notify Us if Your Password is lost or becomes known to any other person;
    4. You are solely responsible for all access to and use of this site via Your Password, whether such access or use is by You or any other person; and
    5. Any information, You provide to Us for posting or inclusion in Our online forums, at any time, becomes Our property.
  3. Where a registered user or subscriber service is for one user only, You will not let any other person use Your Password or any registered user or subscriber services.
  4. We may cancel or discontinue Your use of or access to any subscriber service without liability to refund any fees paid in advance for future services if You have breached these terms.

13. Acceptable Use of Our Service

  1. You are responsible for all of your activity in connection with the Services.
  2. You must comply with all obligations you have under any laws governing your use of the Services. This includes but is not limited to all disclosure requirements, records maintenance and financial institution safeguards.
  3. You must not use, attempt to use, or allow the use of Our website, services, products or associated personnel (including staff, agents and contractors) for any purpose, or in a way that, as determined by us in our sole and absolute discretion:
    1. Is prohibited by these Terms of Service,
    2. Is unlawful or promotes illegal activity, including, but not limited to criminal activities, forgery, misdirection or interference with electronic communications, identity theft, invasions of privacy, securities violations, money laundering, terrorist activities, improper data collection activities, false advertising, propagating or profiting from frauds and unfair schemes.
    3. Supports a cause, industry, enterprise, individual or practice that is harmful to children, their healthy development or parental rights.
    4. Is threatening, abusive, threatening, inciting violence or hatred, harassing, misleading or deceptive, untruthful or inaccurate, fraudulent, tortious, unethical, obscene, defamatory, offensive, profane, contains or depicts pornography, invasive of another’s privacy, violates classification standards or is in our opinion is unsatisfactory or inappropriate.
    5. Constitutes unauthorised or unsolicited advertising,
    6. Impersonates any person or entity, including any of our employees or representatives,
    7. Contravenes, restricts, endangers the good name of, or unfairly impedes Our commercial well-being or reputation.
    8. Uses server or other resources such that Our servers, network, or other resources are burdened in a way that other users or Our services, in general, suffer unfairly. This includes any services described as ‘unlimited’.
    9. Facilitates high output emailing; for these purposes We consider more than 50 emails per hour per domain name to be high output emailing action.
    10. Has a spamming effect. This includes messages made illegal by the SPAM Act 2003 (Cth) or any other anti-spam laws, including but not limited to those which are indiscriminate, unsolicited, unwanted, inappropriate, commercial advertising en-masse, adversely impacting on a computer, network or other parties data, accessing anyone else’s system, empowering to third parties to do similar, or that seeks to hide or obscure You as the source of a message or action.
    11. This would result in your IP addresses, or any IP address associated with us or other subscribers, being placed on any anti-spam list or the Spamhaus.org blacklist. We reserve the right to determine whether an email violation has occurred.
    12. Is in violation of the copyrights, trademarks, patents or trade secrets of third parties, or publishes such materials in a manner that would expose them to public view in violation of the law.
    13. Runs any form of auto-responder or “spam” on the Services whether or not in breach of the Spam Act 2003 (Cth);
    14. Run any Internet Relay Chat (IRC) services;
    15. Uses manual or automated software, devices, or other processes to “crawl” or “spider” any page.
    16. Harvests or scrapes any Content from the Services.
    17. Exploits Our Information Technology or services for the purpose of activities not directly and implicitly related to the operations indicated in Our Service arrangement with You.
    18. Causes direct streaming/downloading of videos from Your site. A third party dedicated provider such as Vimeo or similar must be used.
    19.  Distribute, receives communications or data gleaned from, or executes any action directed by any type of injurious code, including but not limited to trojans, key loggers, viruses, malware, botnets, denial of service attacks, flood or mail bombs, logic bombs, or other actions which We reserve the sole right to determine to be malicious in intent.
    20. Interferes or attempts to interfere with the proper working of the Services or any activities conducted on the Services.
    21. Bypasses circumvents or attempts to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services).
    22. Attempts to obtain Services in excess of those for which you have contracted with us. This means, but is not limited to, using only those IP addresses that we have assigned to you, and abstaining from using mechanisms to exceed the amount of resources assigned to you through the Services, or concealing your activities in any way.
    23. Uses the Services for high-risk activities including but not limited to the operation of nuclear facilities, air traffic control, life support systems, or any other use where the failure of service could lead to death, personal injury, or environmental damage.
    24. Impacts negatively upon Our ability, or our third party’s, ability to operate.
    25. Otherwise, take any action in violation of our guidelines and policies.

14. Content you upload or download

  1. “Content” means, without limitation, information, data, text, written posts and comments, software, scripts, graphics, recordings and interactive features generated, provided, or otherwise made accessible on or through the Services, as well as all User Content (as defined below). You are responsible for all of your activity in connection with the Services.
  2. All Content added, created, uploaded, submitted, distributed, or posted to the Services by users (collectively “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate. You must comply with all obligations you have under any laws governing your use of the Services. This includes but is not limited to all disclosure requirements, records maintenance and financial institution safeguards.
  3. The Services may contain Content specifically provided by us, our partners or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.
  4.  Subject to these Terms of Service, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for other than purposes of using the Services is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party’s right.
  5. By submitting any User Content to the Website, excluding privately transmitted User Content, you hereby do and shall grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sub-licensable and transferable license to use, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit such User Content in connection with the Website, the Services and our (and our successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of the Website or the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds), and including after the termination of your Account or the Services. You also hereby do and shall grant each user of the Website and/or the Services a non-exclusive, perpetual license to access any of your User Content that is available to such user on the Website and to use, reproduce, distribute, prepare derivative works of, display and perform such User Content, including after the termination of your Account or the Services. By submitting any User Content to the Services other than on the Website, you hereby do and shall grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sub-licensable and transferable license to use, aggregate, reproduce, distribute, prepare derivative works of, display, and perform such User Content solely for the purpose of providing the Services. To be clear, the foregoing licenses granted to us and our users does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
  6. Some Content will be marked on the Service as “Creative Commons Content”. Creative Commons Content will be identified with a Creative Commons icon. We hereby grant each user of the Services a license to Creative Commons Content under the Creative Commons CC BY-NC-SA 3.0 Australia Licence Deed, available at creativecommons.org.au/learn/licences. You agree to abide by the terms of the Creative Commons License when using Creative Commons Content.

15. Revisions, Adaptations and Versions

  1. Where design, thematic, visual or any other undefined and/or non-objective matter is to be determined, We reserve the right to cease making revisions, adaptations or versions when We determine, at Our discretion, that We have reasonable and sufficiently delivered on Our service and/or product.
  2. Unless specifically stated in a Scope Document, Product Description, Invoice or equivalent project/task defining agreement, the number of revisions you will be entitled to be one. Unless otherwise stated, a single revision will equate to 15 minutes of labour by the appropriate person on Our team, as determined by Us. Revisions or adaptations that are beyond or outside a project’s scope (or reasonable resource parameters as determined by Us) may be billed to You at the currently posted Update labour fee.
  3. When You send Us any feedback or suggestions about this site, Our other sites or Our business, You agree that We can use and adapt any ideas, concepts, techniques, words or images contained in the feedback or suggestions for any purpose and without restriction or compensation.

16. Responding to Offers

  1. Any offer of service(s) or product(s) made is subject to Your indicating agreement to the offer in a reasonable amount of time, as determined by Us. We reserve the right to revise or withdraw any offer made that is not responded to in a reasonable amount of time.

17. Rights and Limitations Pertaining to Websites and Forums

  1. We do not assume any obligation to monitor or censor materials of any site hosted by Us.
  2. We reserve the right to host both moderated and unmoderated forums or other web pages to which site users can post materials (“Forums”). We are not responsible for materials posted to Forums by third parties, whether or not We moderate those Forums; materials altered by Us in moderating Forums; or Our removal of, or failure to remove, all or any part of those materials.
  3.  These terms supplement other rights We might have, such as Our rights in relation to contributors under a Contributor’s agreement or those cited elsewhere in the Agreement. By submitting a contribution to Us for inclusion on site, You agree to be bound by any such Contributor’s agreement.
  4. Subject to a separate written agreement, We may elect whether or not to make material available to others under a creative commons license. Typically, comments and forum postings will be available under a creative commons license (but this does not limit Our rights to treat other materials in the same manner).
  5. We may add information to any message originated via Our site(s).
  6. If We publish material submitted by any third party, the author of that content permits all other users to access, view, store or reproduce the material for their personal, non-commercial use.
  7. If We publish material submitted by You, any third party, or Us and the web page indicates that the content of that page is available for dealing under a creative commons license, others are also authorised to deal with the relevant content under the terms of that license.
  8. If You submit material to any of Our sites You grant, or warrant that the owner of such material has granted, to Us and Our affiliates, third party content providers and licensors a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, unrestricted and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such materials, or incorporate them in other works, in whole or in part; use the names and images (if any) that You submit with any such material, including names and images identifying You as the author of the material; and exploit all proprietary rights (such as copyright, trademarks and service marks) in any such material, in any form, media or technology now known or later developed, for any purpose, commercial or otherwise (including the promotion of Us or Our objectives).
  9. If You submit material to any of Our sites, You consent to Us and any person authorised by Us doing any or all of the above despite all moral and similar rights You may have or later acquire in respect of any such material.
  10. If You submit material to any of Our sites, at Our request and expense, You will execute and deliver to Us all such instruments and take such other actions as may be requested by Us to obtain the benefit of and perfect this grant of license and consent.
  11. If We publish material submitted by You for publishing, You permit all other users to access, view, store or reproduce the material for their personal, non-commercial use.
  12.  If You submit material to this site for publication, You permit Us, for any reason, to monitor the content of this site, including chat rooms, electronic bulletin boards, forums and other communications facilities, to determine compliance with these conditions; and edit, refuse to post or remove any material submitted by You or to You.

18. Domain Name Registers

  1. We are an authorised reseller of domain names.
  2. We cannot, and do not warrant, that any domain name you apply for, can or will be registered. DO NOT act on a domain name application until notified that your requested domain name has been successfully registered.
  3. Registration, use and renewal of your domain name are subject to auDA Policy Rules (http://www.auda.org.au) and the domain name registration terms of the registrar. You are responsible for reading and complying with those rules and terms of use. We are not liable for and you irrevocably release us from any and all claims and loss you may have, suffer or incur in connection with a domain name you order and use through us.
  4. We have no responsibility to resolve a dispute between you and your domain name provider.
  5. We are not obliged to renew your domain name if you have not selected the domain name auto-renewal option provided by US, or you have not paid the renewal fee in advance using the method specified by us. We are not liable for any loss or damage suffered or incurred by you for the non-renewal of your domain name.
  6. If this Agreement is terminated, but you do not transfer your domain name registration to another registrar, you agree that we may still contact you in relation to the renewal of your registration. We will not however be liable for failing to do so.

19. Data Backup

  1. You are solely responsible for backing up any data which you save onto our servers or your account with us (the “Data”). Even if you buy a Data back-up plan from us, we do not have any responsibility to preserve that Data after you ceasing purchasing that service from us. Nor do we have any liability for any Data that might be lost, corrupted or is unrecoverable whether or not you buy a Data back-up plan from us or by reason of your failure to back up your Data. If your Data is important to you or your business, then we suggest that you also take out an insurance policy against any loss or damage suffered or incurred by you for any Data loss or corruption.

20. Pertaining to Content You Submit

  1. Where You provide images or content for inclusion in the Work, You accept responsibility for obtaining any relevant releases or licenses required.
  2. You agree to release Us, defend Us, and hold Us harmless from and against any claims, damages or liability arising from or related to the use of photographs You supply, including but not limited to any misuse, distortion, blurring, alteration, optical illusion or use in composite form, either intentionally or otherwise, that may occur or be produced in taking, processing, reduction or production of the finished product, its publication or distribution.
  3.  Other than Our rights to use images or information as explained elsewhere, the Work created becomes Your Intellectual property upon final payment of design and construction phases.

21. Pertaining to Work or Work elements provided by Us.

  1. Images may be supplied directly by Us or under license from a third party. You agree to inform Us and seek legal release if You intend to use any such image supplied by Us for a different purpose. There may be no release or fee incurred, but You agree to check with Us to ensure Your use of the image is not in breach of third-party copyright.
  2. We may use/display screenshots or reproductions of the Work created as a result of this Agreement. Display locations include (but is not limited to) Our portfolio online or elsewhere. This link may include a hyperlink to Your site. This right to display includes a moral right to display Work in the form that We created it or intended it to be prior to alterations by You.
  3. Where Work is displayed (online or elsewhere), You and We agree that when asked, You must properly identify Us as the creator of produced Work. You do not have a proactive duty to display Our name together with Work, but You may not mislead others that Work was created by anyone other than Us.
  4. Where Work is changed significantly by You or others, You and We agree that when asked, You must properly identify that though We were the original creator of produced Work, You or others have made changes. Again You do not have a proactive duty to explain this, but You may not seek to mislead others that the Work originally created by Us was not altered by others.
  5. Ownership of preliminary Work or sketches pertaining to design is retained by Us.
  6. We may incorporate certain Designer Tools into the Work. In the event Designer Tools are incorporated into the Work, We grant You a royalty-free, perpetual, worldwide, non-exclusive license to use the Designer Tools to the extent necessary to use the Work. We retain all other rights in the Designer Tools.

22. Third-Party Materials, Links and Services

  1. You acknowledge that Our Website and our Services may enable, facilitate or even encourage you to link to the websites and services of third parties. You acknowledge that such third party materials are not necessarily controlled or monitored by Us, that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources, and that the views expressed are not necessarily Ours. These may also change or be deleted from time to time.
  2. We do not make or infer any representations, opinions or recommendations about third-party websites or parties that may be linked to or from Our websites other than those clearly stated within Our policies and this Agreement. The inclusion of any such link does not imply our endorsement or any association between us and their operators.
  3. Whenever you use or access third party resources on the Internet, you do so at your own risk.
  4. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.

23. Notifying Us of Violations of Intellectual Property (etc)

  1. Our Acceptable Use provisions forbid the violation or misuse of copyrights, trademarks, patents or trade secrets of third parties. We may terminate the accounts of violators if we consider it is appropriate.
    1.  If a person believes that an intellectual property rights breach is taking place through one of our subscribers, please notify US by email at abuse@goodhost.com.au. The notification should include the IP address where the violation is believed to have occurred and any other requirements pertaining to the relevant law.

24. Publicity

  1. You are permitted to publicly state that you are a subscriber or user of our Services. We may include your name and trademarks in a list of our subscribers, online or in promotional materials or verbally reference you as one of our subscribers if you have agreed to that proposed arrangement at the time you became a subscriber to our services.

25. Dispute Resolution

  1. Mindful of the high cost of litigation, you agree to the following dispute resolution procedure: in the event of any controversy, claim, action or dispute arising out of or related to any dispute between you Us (a “Dispute”), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first-class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent (1) if to us through our accounts and billing portal as a ticket or (2) if to you at: your last-used billing address or the billing and/or shipping address in your Account information. You are permitted to publicly state that you are a subscriber or user of our Services. We may include your name and trademarks in a list of our subscribers, online or in promotional materials or verbally reference you as one of our subscribers if you have agreed to that proposed arrangement at the time you became a subscriber to our services.
  2. Both you and We agree that this dispute resolution procedure is a condition precedent that must be satisfied prior to initiating any legal proceedings against the other party.

26. Continuity of Services, Conditions and Product Availability

  1. We do not warrant that We will continue to make Our site(s), services or products available. We reserve the right at any time to stop providing services, to impose or alter fees and/or use alternative products and or services. You should make sure You are aware of the price of any service before You purchase it.
  2. We reserve the right at any time to alter information, products or services in such a way as to change the equipment needed by You to access or use the site or any part of it.

27. Miscellaneous Provisions

  1. Neither of us shall be liable to the other for non-performance of the terms herein to the extent that either of us is prevented from performing as a result of any act or event which occurs and is beyond our reasonable control, including, without limitation, acts of God, war, unrest or riot, strikes, any action of a governmental entity, weather, quarantine, fire, flood, earthquake, explosion, utility or telecommunications outages, Internet disturbance, or any unforeseen change in circumstances, or any other causes beyond either party’s reasonable control. The party experiencing the force majeure shall provide the other party with prompt written notice thereof and shall use reasonable efforts to remedy the effects of such force majeure. A force majeure event does not include your obligation to pay us any money.
  2. All right, title and interest in any technology, techniques, software and other intellectual property that is used in, or supplied by us, in connection with the Services is owned by us or will vest in us on creation, or is licensed to us. You may use the technologies, techniques, software and other intellectual property only as permitted by these Terms of Services. We otherwise reserve all rights in relation to those things. Unless otherwise agreed, you obtain no proprietary rights to the hardware, software and other infrastructure and facilities used by us to supply our Services.
  3. A valid waiver hereunder shall not be interpreted to be a waiver of that obligation in the future or any other obligation under this Agreement. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. In order for any waiver of compliance with these Terms of Service to be binding, we must provide you with written notice of such waiver through one of our authorised representatives.
  4. If any provision of this Agreement is prohibited by law or held to be unenforceable, that provision will be severed and the remaining provisions hereof shall not be affected such that this Agreement shall continue in full force and effect as if such unenforceable provision had never constituted a part hereof.
  5. These Terms of Service are personal to you and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations, including any information provided to us by you for the purpose of receiving the Services, hereunder without your consent.
  6. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service and neither party has any authority of any kind to bind the other in any respect.
  7. The clause and paragraph headings in these Terms of Service are for convenience only and shall not affect their interpretation.
  8. Unless otherwise specified in these Terms of Service, all notices under these Terms of Service will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognised overnight delivery service.