Agreement Deemed by Use
Use of this website and/or any products or services supplied by Global Netsaver deems your agreement to be bound by these Terms and Conditions.
Name Definition
The expression ‘the Company’ refers to Global Netsaver.
Variation
The Company may update these Terms and Conditions at any time.
Australian Financial Services
Any general financial product advice provided in this website has not taken into account your objectives, financial situations or needs. You should consider these before you act on any advice.
Copyright
Global Netsaver makes no warranties and does not represent that material on other websites to which this website is linked does not infringe copyright or any other proprietary rights of any person. Global Netsaver does not authorise any infringement of copyright or any other proprietary rights contained in material on other websites by linking its website to other websites.
Disclaimer - Links to Other Websites
Material on this website contains links to other websites. These websites are outside the control of Global Netsaver and the provision of a link should not be taken to mean that the Company sponsors, endorses, adopts, confirms, guarantees or approves of any product, service, material or any representations whatsoever made in those websites.
Global Netsaver makes no warranties or representations express or implied regarding the quality, accuracy, merchantability or fitness for purpose of any information, product, service or material whatsoever on other websites to which this website is linked.
Global Netsaver makes no warranties and does not represent either expressly or impliedly, that the linked websites are free of computer viruses, defects or errors by reason of the linking of this website to other websites. The Client/User is entirely responsible to verify that any material on linked websites is free from computer viruses, defects or errors.
It is the responsibility of the Client/User to accept the accuracy, currency, reliability and correctness of information found in the linked websites. Global Netsaver gives no warranties and makes no representation express or implied with respect to the same.
Term
Hosting plans and/or services including Domain Names and JuniorCart are not automatically renewed. Non receipt of invoice payment by the due date indicates the service is not to be renewed.
Online Store and/or Shopping Cart Software Function - JuniorCart
The Comapny provides the JuniorCart software function on an as is where is basis and does not warrant or guarantee its functionality or ability to perform the service required by the Client/User.
Online Store and/or Shopping Cart Software Updates - JuniorCart
All updates are automatically activated on all JuniorCart services and the Client/User accepts that this may change the appearance and/or configuration of the JuniorCart service and any add on services. The Client/User is responsible for all direct and associated website changes necessary to facilitate this action.
Online Store and/or Shopping Cart Software - JuniorCart
The Client/User shall not modify, reverse engineer, reverse assemble, decompile, disassemble, decrypt, reflect, or use reflection on the Online Store and/or Shopping Cart Software, or otherwise attempt to discover or obtain the source code or structure, sequence, or organization of the software in whole or in part, except as provided herein. Failure to comply enables the Company to suspend, terminate and/or delete the account and all information held.
Online Store and/or Shopping Cart Software Limitations to Customization - JuniorCart
The Client/User shall maintain and not remove or obscure any proprietary or copyright notices. The Client/User may not reskin the appearance of the browser based application pages to suit installation requirements and website design schemes. The Client/User may add extra functionality to the Online Store and/or Shopping Cart Software. Failure to comply enables the Company to suspend, terminate and/or delete the Client/User account and all information held.
Invoice General
Any order received by the Company is deemed to be an order incorporating these Terms and Conditions and no variation or cancellation shall be binding on the Company unless agreed to by the Company in writing.
Invoice Payment
All new accounts are due and payable prior to activation. All accounts that renew are due and payable on the due date as shown on the Tax Invoice. Non payment of fees enables the Company to suspend, terminate and/or delete the Client/User account and all information held on email and web servers.
Termination
Unless otherwise stated, the Client/User may have their account terminated at any time by either the Company or the Client/User on giving seven days notice in writing by email, post or facsimile transmission. The Company will send such notice to the previously advised Client/User address for invoicing purposes (see the Hosting Controller account management system) and the Client/User must send notice to accounts@netsaver.com.au or support@netsaver.com.au. If either party terminates the account for any reason, then the Company will refund unused prepaid hosting plan amounts at its sole discretion calculated on the monthly plan fee.
There is no refund for Domain Name, SSL or TLS Certificate registration or renewal.
Accounts may be terminated immediately by the Company for unacceptable behaviour by individuals, either written or verbal or if content is deemed likely to cause distress to others or a server or service on the server has its operation degraded and the Company will be the sole arbiter of what constitutes unacceptable behaviour.
User Name and Password
The Client/User is entirely responsible for the security of all their Logon, User Name and Password details.
Web Hosting Control System – Hosting Controller
The Client/User is responsible for keeping their Personal Details in Hosting Controller current.
The Client/User is responsible for all changes and additions made in Hosting Controller by themselves or their agents.
The Company is not responsible for changes that are not made by the Company.
WebMail Control System – SmarterMail Professional
The Client/User is responsible for keeping their Settings in SmarterMail Professional applicable to their needs.
The Client/User is responsible for all changes and additions made in SmarterMail Professional by themselves or their agents.
There are no backup facilities activated for email processed or stored on mail servers including the WebMail control system(s).
Online Store and/or Shopping Cart - JuniorCart
The Client/User is responsible for keeping their Settings applicable to their needs. The Client/User is responsible for all changes and additions made by themselves or their agents.
There are no backup facilities activated for any associated Data Base content. The Company is not responsible for changes that are not made by the Company.
Over Usage Bandwidth Notification (Monthly Data Transfer)
The Client/User account may be immediately suspended when their Bandwidth Usage exceeds the plan monthly limit without further notice, until the Bandwidth used is reduced to within the plan limit or an alternative plan activated. See further details under Shared Email Servers and Shared Web Servers below.
Over Usage Diskspace Notification (Server Space)
The Client/User account may be immediately suspended when their Diskspace allocation exceeds the plan limit without further notice, until the Diskspace used is reduced to within the plan limit, extra Diskspace is paid for or an alternative plan activated. See further details under Shared Email Servers and Shared Web Servers below.
Lawful Compliance
The Client/User will use the Services offered by the Company in a manner consistent with all applicable Local, State, Territory, Federal and International laws, treaties and regulations.
Service Continuity, Disclaimer and Warranties
The Company does not represent or warrant that the Client will receive continual and uninterrupted Services and the Company shall not have any liability whatsoever in contract, tort or otherwise to any party in respect of any loss or damage whatsoever arising out of the provision of the Service, any inaccuracy or error or omission from any part of the Service or the inability of a Client/User to use the Service and information contained therein. In the event that this Agreement constitutes a supply of services to a consumer as defined in the Trade Practices Act 1974 or relevant Federal, State, Territory or International legislation, nothing contained in this Agreement excludes, restricts or modifies any condition, warranty or other obligation where to do so would be unlawful.
Prices
All prices are subject to change at anytime.
Indemnity
The Client/User agrees to defend, indemnify and hold the Company harmless from and against any and all claims, losses, liabilities and expenses (including legal fees) related to or arising out of the Services provided by the Company to the Client/User, including without limitation claims made by third parties (including customers of the Client/User) related to any false advertising claims, liability claims for products or services sold by the Client/User, claims for patent, copyright or trademark infringement, claims due to disruption or malfunction of services provided hereunder, or for any content published by the Client/User using the Services.
Affiliates, Associates, Partners and Resellers of the Company
If the Client/User acts as an Affiliate, Associate, Partner or Reseller of the Services provided by the Company to a customer hereunder, by the Client/User providing similar services to its customers, then these Terms and Conditions shall apply to the Affiliate, Associate, Partner or Reseller and their customers.
Waiver
Any party’s failure to insist on compliance or enforcement of any provision of these Terms and Conditions shall not affect its validity or enforceability or constitute a waiver of future enforcement of that provision or of any other provision herein.
IP Addresses
The Company maintains control and any ownership of any and all IP numbers and addresses that may be assigned to the Client/User and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses. IP addresses are not to be used for any incoming email server setup.
Service Refusal
The Company retains the absolute and unfettered discretion to approve or refuse the provision of the Services used by the Client/User.
Shared Email Servers
The Client/User understands the Service is provided on a shared email server and acknowledges that its email cannot overwhelm the server with heavy usage and in the event that usage of the Client/User email overwhelms the server, it will be deemed by the Company to have outgrown the realm of a shared server and will need to relocate its email whereupon the Company will refund any unused portion of prepaid services and immediately terminate the service. Spam inhibitors are installed on servers. Email left/stored/retained on servers may be automatically deleted from servers 7 days after receipt thereon.
The Company will determine in its absolute discretion the data centre location from which the Client/User Service is provided. The Company reserves the right to migrate the Client/User email to a new operating system platform, software, server or data centre. The Client/User is responsible for all direct and associated email changes necessary to facilitate this action.
There are no backup facilities activated for email processed or stored on email servers including the WebMail control system(s).
SMTP services are not included in any plans.
Shared Web Servers
The Client/User understands the Service is provided on a shared web server and acknowledges that its website and/or JuniorCart use cannot overwhelm the server with heavy usage and in the event that usage of the Client/User website and/or JuniorCart overwhelms the server, it will be deemed by the Company to have outgrown the realm of a shared server and will need to relocate its website whereupon the Company will immediately terminate the service and refund any unused portion of prepaid services. Spam inhibitors are installed on servers.
The Company will determine in its absolute discretion the data centre location from which the Client/User Service is provided. The Company reserves the right to migrate the Client/User website and/or JuniorCart to a new operating system platform, software, server or data centre. The Client/User is responsible for all direct and associated website changes necessary to facilitate this action.
Support
The Company supplies technical support by email for Global Netsaver Email and Web Hosting issues only and the Company shall be the sole arbiter as to what constitutes a Support issue. Abuse of support services (verbally or in writing) enables the Company to suspend or terminate the Client/User account immediately and the Company will be the sole arbiter of what constitutes abuse of support services.
Severability
Should any part of these Terms and Conditions be or become invalid, that part shall be severed from these Terms and Conditions and such invalidity shall not affect the validity of the remaining provisions.
Domain Name Responsibility
If the Client/User registers a Domain Name(s) via the Company, the Client/User acknowledge and agrees that the Client/User will pay a registration fee(s) to register the Domain Name(s) with the applicable Domain Name Registrar. Global Netsaver is not a Domain Name Registrar. The Company does not offer refunds for Domain Name registrations for any reason, including misspelling of the Domain Name, Domain Names that are lost through non-payment of renewal fees or for any other reason. It is solely the Client/User responsibility.
Where the Company provides the Client/User with Australian .au Domain Name registration services you must comply with all auDA (auda.org.au) published policies and guidelines and where the Company supplies other than Australian Domain Name registration services, the Client/User must comply with the published policies and guidelines of the applicable Domain Name space authority available on the Internet or by contacting Global Netsaver.
It is solely the responsibility of the Client/User to keep current and update as necessary their Domain Name contact details through the applicable Domain Name management Login.
Domain Name Backorder
The fee charged is to backorder the Domain Name only up until the initial expiry date ends at the time the backorder is placed by Global Netsaver, however, there is no guarantee that the Domain Name will be secured for registration. The fee is non-refundable.
General Disclaimers and Waiver
The materials presented by Global Netsaver on this website are made available in good faith and are derived from sources believed to be reliable and accurate at the time of release on the Internet. Human or mechanical error is, however, possible and Global Netsaver does not guarantee the accuracy, completeness, timeliness or correct sequencing of the information.
The Client/user is responsible for making an individual assessment of and verifying all material on this website and Global Netsaver shall not be responsible for any errors or omissions and shall not be liable for any incidental, special or consequential damages including damages for loss of business or other profits arising in relation to use of the material. Global Netsaver shall not be liable for injury, loss or damage incurred by reliance on material on this website or incorporated by reference.
Each Client/User waives and releases all rights against Global Netsaver, owners, employees, agents and servants to the fullest extent permitted by law from any and all claims related to usage of material from or made available by this website. Global Netsaver, its owners, affiliates, related bodies corporate, employees, agents, contractors, successors and assigns do not accept any liability for any damages or losses whatsoever, arising out of, or in any way related to, the use of this website and any other website linked to this website. This limitation of liability applies to direct, indirect, consequential, special, punitive or other damages that the Client/user or others may suffer, as well as damages for loss of profit, business interruption or the loss of data or information.
All limitations and qualifications attached to Global Netsaver services and/or products apply equally to such services and/or products advertised on this website and Global Netsaver will not be liable for improper usage or improper application of the service and/or product by a Client/User, including but not limited to where a Client/User has failed to ascertain the relevant limitations and qualifications on service and/or product usage. Global Netsaver does not warrant that services and/or products referred to on this website will be suitable for all purposes to which it is applied by the Client/User and nor does it warrant suitability of the service and/or product.
Agreement
The Client/User agrees that these Terms and Conditions constitute the full and complete understanding between the Company and the Client/User of the obligations and responsibilities of both parties to the other.
