HIVE GROUP AUSTRALIA
WEBSITE HOSTING TERMS
Please read the following terms, conditions, notices and disclaimers (“Hosting Terms”) relating to the web hosting services (“Hosting Services”) provided by Hive Group Australia Pty Ltd A.C.N. 117 774 071 (“we”, “us”, “our”, "Hive SMS", "Stead Lane", or “Hive Web Studio”).
The Hosting Terms apply to all web hosting provided by Hive Web Studio. Your decision to purchase the Hosting Services means you acknowledge that you have read, understood and agree to be bound by these Hosting Terms. Your access to the Hosting Services is conditional upon your acceptance and ongoing compliance with these Hosting Terms.
We may at any time and at our sole discretion, amend, revise or modify these Hosting Terms. Although we may notify you of any amendment, revision or modification, it is your responsibility to periodically review these Hosting Terms. You agree to be bound by such changes, modification or revisions as made by us from time to time.
Our Hosting Services to you are displayed on the www.hivewebstudio.com.au website (the “Website”) as Hosting Packages. Hive Group Australia endeavours to accurately display the Hosting Services on the Website, including description, specification of bandwidth limits, disk space and other related specifications of the Hosting Services. However, slight variations in our Hosting Packages may occur, due to circumstances beyond our control affecting our ability or capacity to provide the Hosting Services.
To the fullest extent permitted by applicable laws, Hive Group Australia does not warrant that our Service descriptions are accurate, complete, reliable, current or free of error. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information at any time without prior notice to you (including after you have submitted your request, or signed up, for the Hosting Services).
All prices indicated on the Website for the Hosting Services are inclusive of GST.
You request the Hosting Services when you select or sign up for a Hosting Package via the Website’s “Order Now” function. You are signing up for the Hosting Services, when you complete and send to us, the Website’s online form for request for the Hosting Services. Our display of the Hosting Packages on the Website is an invitation to treat only, and not an offer to sell the Hosting Services to you. By signing up, you are offering to purchase the Hosting Services for the prices indicated, in addition to any applicable fees for initial set-up or Hosting Services beyond the elected Hosting Package.
Confirmation of Purchased Hosting Services
After signing up for the Hosting Services, Hive Group Australia will send you an email confirming our receipt of your request, along with our initial invoice for the Hosting Services. Hive Group Australia is only bound to provide the Hosting Services to you if we have accepted your request and received cleared funds as payment. Once your request has been accepted and payment for the Hosting Services has been received, we will send you an email with confirmation.
When you sign up for the Hosting Services, you agree to pay any applicable fees for initial set up of the Hosting Services for you, as well as any additional fees incurred for any Hosting Services provided to you that extend beyond your Hosting Package.
Invoices for the Hosting Services will be sent to you in advance via Email. Invoices for the Hosting Services may be sent to you in a hard copy format at a cost of $5 per invoice.
In accordance with your selected Hosting Package, you agree to provide an annual payment for the Hosting Services. All payments are to be made in advance and must be made by PayPal, Visa, Mastercard, Cheque, Direct Deposit or Direct Debit. Payments are received when the funds for payment are cleared. Payments made by way of credit card will incur a fee equal to 3% of the invoice, and payments made by way of Cheque will incur a $5 processing fee per Cheque.
Failure to pay an invoice by 14 days after the invoice due date may result in suspension of the Hosting Services. The Hosting Services may be reinstated, subject to our receipt of $25 in cleared funds, being a reinstatement fee. Your Hosting Package will be cancelled by failure to pay an invoice by 30 days after the due date. Should this occur, all data relating to your Hosting Package will be deleted after 45 days of the invoice date, including backup data.
Term of Agreement
Unless otherwise agreed in writing by Hive Group Australia and you, the initial term for our provision of the Hosting Services is 12 months from the date we receive the initial payment from you for the Hosting Services (“Term of Agreement”). You will be sent an invoice 30 days prior to the end of the initial Term of Agreement with the option to cancel your Hosting Package when the Term of Agreement ends. Any subsequent renewal of the Hosting Package will be made in accordance with these Hosting Terms.
Unless otherwise stated in a written agreement between Hive Group Australia and you, our provision of the Hosting Services may be terminated by:
- you, at any time upon giving us at least 30 days’ notice; or
- Hive Group Australia, if you have committed any material breach of these Hosting Terms, and in the case of a breach capable of being remedied, has failed to remedy the breach within 14 days after the receipt of a written request from Hive Group Australia; or
- Hive Group Australia, if you fail to make any payment due and such payment remains unpaid for 30 days after receipt of a written notice from Hive Group Australia.
If you terminate the Hosting Services within the initial 12 month term, you will not be entitled to a pro rata refund for any lump sum payment that you have made with respect to the initial term.
Effect of termination
Upon termination of these Hosting Terms, Hive Group Australia will immediately stop providing you with the Hosting Services.
Compliance with the Law
In using the Hosting Services, you must abide by all applicable Local, State, Federal and International laws. Hive Group Australia does not permit pornographic materials of any form, nor do we permit any illegal, discriminatory, or hate materials to be hosted on our servers. Any violation of this provision may result in the immediate termination of the Hosting Services to you, without notice to you.
Hive Group Australia will make all reasonable efforts to provide the Hosting Services to you and without interruption. However, we cannot warrant that you will receive continual and uninterrupted Hosting Services during the Term of Agreement. In no event shall Hive Group Australia be liable for damages resulting from, or in relation to, any failure or delay of Hive Group Australia to provide the Hosting Services to you, if such delays or failures are due to circumstances beyond our control.
Limitation of Liability
To the extent permitted by law, our liability for breach of any implied warranty or condition, which cannot be excluded by these Hosting Terms, is limited, at our option, to one or more of the following:
- the resupply of the Hosting Services; or
- the payment of the cost of having the Hosting Services resupplied.
To the fullest extent permitted by applicable laws, you agree to indemnify Hive Group Australia from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses (whether in tort or in contract, including and without limitation, negligence) arising out of or in any way connected to the use of the Hosting Services by you.
Should any part of these Hosting Terms be or become invalid, that part shall be severed from the remainder of the Hosting Terms and such invalidity shall not affect the validity of the remaining provisions.
Privacy and Spam
These Hosting Terms are governed by and construed in accordance with the laws of the State of Queensland, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the Courts of Queensland and the Courts of Appeal for determining any dispute concerning these Hosting Terms.
Website Hosting Terms last updated on 1 July 2013.