|Terms and Conditions
These are the standard terms and conditions
which apply to all websites hosted with Hostcentral. For the most
part they should not have any effect on the way you use our services,
the conditions outlined in this document are not intended to be more
restrictive than most other commercial hosting services available
in the Australian Market.
These conditions are provided to protect Hostcentral, you and other
clients using our services from having your level of service being
degraded by the actions of others. If you have any problems with any
of the conditions or terms please feel free to contact us as we are
willing to discuss and resolve any problems you may have.
provided by Hostcentral.
By accepting these terms and conditions the client recognises that
they are also accepting to act within the bounds of the Acceptable
The Client agrees to use Services according to the following terms
The client agrees to use the services according to the account selected
or as specifically stated on their invoice. In the case of developers
or where a single client holds multiple accounts these terms and conditions
will be taken as binding to all existing and subsequent accounts once
the client has provided acceptance of these terms and conditions.
All invoices for Hostcentral services are to be settled within seven
(7) days. This applies to all accounts, unless prior arrangement is
made in writing with the management. If a client is paying on an annual
basis, they must be aware that excess usage charges will be billed
in arrears and must be paid by the client monthly.
3. Variation of Agreement.
Hostcentral may from time to time vary the terms, charges and conditions
outlined in this agreement. The version of this agreement that is
published at www.hostcentral.net.au should always be taken as the
binding and most recent version of these terms and conditions.
4. Term of Agreement.
Subject to clause (5), this agreement will continue for the durations
of a client's use of our services.
5. Termination of agreement.
Unless otherwise stated this agreement may be terminated at any time
by the client on the giving of 30 days notice. Unless otherwise stated
this agreement may be terminated by Hostcentral on the giving of 30
days notice. If this agreement is terminated by the client, the client
forfeits any and all prepaid monies to Hostcentral. If this agreement
is terminated by Hostcentral for any other reason than violation of
this agreement or the Acceptable Usage Policy, the client is entitled
to a pro-rated refund.
6. Compliance with Law.
In using the services provided, the client must abide by all applicable
Local, State (New South Wales), Federal and International laws, treaties
and regulations. Any violation of this provision can result in
termination immediately or with 30 days notice depending on the severity
of the violation at the absolute discretion of Hostcentral.
7. Limitation of Liability.
Hostcentral does not warrant to the client that the client will receive
continual and uninterrupted services during the Term of this agreement.
In no event shall Hostcentral be liable to the Client for damages
resulting from or in relation to any failure or delay of Hostcentral
to provide services under this Agreement if such delays or failures
are due to circumstances beyond our control. Such a failure or delay
shall not constitute a default under this agreement.
Hostcentral, its agents or employees will not be liable in any way
for any form of 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 Hostcentral
to the Client.
8. Disclaimer of Warranties.
While Hostcentral uses all reasonable care in providing the Service,
Hostcentral shall not have any liability whatsoever in respect of
any loss or damage resulting from the provision of the Service, errors
or omission in information provided in relation to the service. Hostcentral's
liability in the event of failure to provide adequate service shall
not extend beyond the cost of providing a comparable service.
Client agrees to defend, indemnify and hold Hostcentral 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 Hostcentral 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 here under, or for any content published by Client using
the Services, but excluding those directly caused by the negligence
10. Refusal of Service.
Hostcentral retains the right to refuse services to the Client.
Refusal of service may result if:
the client fails to pay accounts within 14 days of the due date,
If the agreement is terminated; or
if the client uses the misuses the services or fails to comply with
the customers obligations under the agreement.
11. Shared servers.
The Client understands the shared hosting services are provided on
a shared server and acknowledges that its web-site cannot overwhelm
the server through unnecessarily excessive use of CPU (such that other
users/machine performance are/is adversely affected).
If a client is deemed to be placing excessive usage on the server
it will be deemed by Hostcentral that shared services are no longer
appropriate and will need to relocate their account to a dedicated
service. In such a case, if required, Hostcentral will refund any
unused portion or pre-paid services.
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.
The Client must ensure their password is only given to people whom
they give authority to access their account. Hostcentral takes no
responsibility to damage or loss resulting from unauthorised access
to an account where access is gained with a valid username and password.
Hostcentral will never request to be notified of the Client's password.
14. Unsolicited Email.
The Client must not send unsolicited bulk email via Hostcentrals mail
servers. The Clients site must not be referenced or linked to in unsolicited
15. Permission to access data.
The client is given the authority to access data contained in their
account only. With the exception of having read-only access log files,
users do not have the authority to access, read or write data to any
other location on the Hostcentral servers.
16. Unpaid Accounts.
Accounts may be suspended if they are not paid within seven (7) days
of due date and prior arrangements are not made. All data contained
in a suspended account will remain on the system, BUT account holders
will not be able to access it, the website will display a notice stating
that the account is in arrears. Accounts will be removed from the
system and all associated data deleted if the account is not paid
within 3 months of due date. Whilst accounts are in arrears, clients
will not have access to data stored on Hostcentral servers. Hostcentral
reserves the right to delete data on cancelled accounts at any time.
17. Un-authorised access.
Attempt to use Hostcentral's servers by the Client to attack other
networks/computers will result in cancellation of the account at the
discretion of Hostcentral.
18. 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.