Flairtree Web Hosting Terms and Conditions
Flairtree Web Hosting Terms and Conditions is an agreement between Flairtree "web host service provider", and you "the Client". This Agreement explains our obligations to you, and explains your obligations to us for web hosting services offered by Flairtree.
1. Agreement - Modification: You agree that Flairtree may modify this Agreement and the services it offers to you from time to time. You agree to be bound by any changes Flairtree may reasonably make to this Agreement when such changes are made.
2. Website Hosting: Flairtree will host an account for you corresponding with the provided domain name(s) and for an initial 12 month minimum term. Once payment of the applicable Hosting Fee is received (as advertised on www.flairtree.com.au or via email notification to you), Flairtree will provide Client with the selected hosting service.
3. Fees & Payment. Client will pay Flairtree the hosting fees in advance every 3 months, 6 months or annually. For invoiced fees, all payments are due seven (7) days after the date of each invoice and are non-refundable, even if your services are suspended, terminated, or transferred prior to the end of the term of service. If any Client Accounts with Flairtree are overdue, Flairtree may at its sole discretion, suspend hosting (including taking Client's Site down) and/or terminate this Agreement or any other agreement with Client. Flairtree expressly reserves the right to modify pricing from time to time through email notification and/or notice on its website.
4. Term of Agreement: This Agreement shall commence when initial hosting fees are paid and continues for a 12 month minimum period. The agreement will automatically renew at the end of the term unless otherwise specified by you. Your hosting services when they come up for renewal will take payment in accordance with the designated payment method at Flairtree's current rates.
5. Confidentiality. Flairtree will maintain in strict confidence any confidential information disclosed by the client in connection to Web Hosting. This information will not be disclosed to third parties unless required to do so by law. Client acknowledges that Flairtree is engaged in the business of designing, developing, installing and hosting websites. Client agrees that this Agreement does not limit or restrict Flairtree's ability to engage in such business and does not limit Flairtree's use or application of any technical information or knowledge acquired independently in the course of business.
6. Inappropriate Material and Use. Client agrees to use the Site in accordance with this Agreement and only for lawful purposes in compliance with all applicable laws. Client shall not post, upload, store, distribute or transmit any inappropriate material on its Site. Inappropriate material shall be determined by Flairtree in its sole discretion and includes, but is not limited to, threats of physical harm, child pornography, hate sites, hacker sites, or sites with the intent to spam targets, sites using copyrighted, trademarked and other proprietary material used without proper authorization.
Spamming, or the sending of unsolicited email, from an account or using an email address is strictly prohibited. Any sites using spam or selling of spam related software or bulk email content will be closed. Any misuse of our services for any of the above purposes may result in site suspension or termination of our services. Flairtree can take the Site off-line, or remove the inappropriate material, without liability, for any violation of this Agreement. Flairtree will be the sole arbiter in determining violations of this provision. Also prohibited are sites that promote any illegal activity or present content that may be damaging to any other server on the Internet.
7. Warranty. Neither Flairtree nor any of its employees warrant that Flairtree's web hosting service will be uninterrrupted, error free or secure. Any statutory or other warranty, including warranties of merchantability or fitness for a particular purpose are expressly disclaimed. Under no circumstances will Flairtree be liable to the Client or any other person for any loss or damage caused by the Client's Site.
8. Limitation of Liability. Flairtree's total liability shall not exceed the amount paid by the client for one month's hosting. In no event shall Flairtree be liable for indirect, incidental, or consequential damages, including, without limitation, loss of income, data or use of information, even if Flairtree has been advised of the possibility of such damages. Flairtree makes no guarantee of availability of service and reserves the right to change, withdraw, suspend, or discontinue any functionality or feature of the Flairtree Hosting service. Your use of Flairtree's web hosting services are at your sole risk. All Flairtree services are provided on an "AS IS" basis without warranties of any kind, either expressed, implied, constructive or statutory, including, without limitation, any implied warranties of merchantability, non infringement or fitness for a particular purpose. In no event shall Flairtree be liable for any or all direct, indirect, incidental, special, exemplary or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including, but not limited to, negligence or otherwise) arising in any way out of the use of the services, even if Flairtree is aware of or has been advised of the possibility of such damages. Flairtree makes no guarantee of availability of service and reserves the right to change, withdraw, suspend, or discontinue any functionality or feature of the Flairtree Hosting service. The formation, construction and interpretation of this agreement shall be controlled by the laws of Australia. Any dispute relating to this agreement shall be subject to the exclusive jurisdiction of the courts in Australia, and the parties agree to submit to the personal and exclusive jurisdiction and venue of these courts. Flairtree reserves the right to change or amend these Terms & Conditions at any time without prior notice. By submitting your order to Flairtree, you signify your agreement to these Terms & Conditions. Serious violations of terms or conditions can be ground for immediate account deactivation without refund. Client shall indemnify, defend and hold harmless Flairtree, its owners, directors, agents and employees against all claims, demands, losses, expenses and causes of action arising out of or in any way relating to Client's violation of this Agreement, the design, operation, and/or maintenance of the Client's Site by Flairtree.
9. Cancellations: If you decide to cancel your hosting within the first 5 days, a $AUD30 cancellation fee must be paid. If you are canceling prior to the end of your billing term (i.e. in the middle of the quarter, or the year if you paid for a year), there can be no refunds for that portion of the term you did not use. To cancel an account, send a short e-mail message with your name and your Web site's URL (sample: www.YourName.com) to: hosting@flairtree.com.au . Account Deactivations: Any account deactivated due to non-payment will be deactivated and we require a reactivation fee of $AUD30.00 per account to be paid prior to reactivating the account Flairtree shall have the right to terminate or suspend this Agreement and any other agreement among the parties at any time if Client fails to make payments when due under any agreement among the parties. Either party may terminate this Agreement after the first 12 month period after thirty (30) days written notice (via email notification) to the other. If you wish to terminate agreement prior to the first 12 months, you still will be required to pay 12 months hosting fees. Flairtree will not host the site for any time period left once a cancellation request has been received and processed. It is your responsibility to make sure that you have access to all your files and relevant data before initiating the cancellation request. Flairtree shall not be responsible for any loss of data once the account has been cancelled.
10. Legal Age. You attest that you are of legal age (18 years old) to enter into this Agreement.
11. Storage and Security. Client shall bear full risk of loss and damage to your server and all of your server content. We highly recommend that you make independent backup copies of your server content. You must keep your password and account information confidential. You must not use Flairtree's servers as an archive and Flairtree shall have no liability to you or any other person for loss or damage of any of your content.
12. Non-exclusive License. If you have licensed software from Flairtree, Flairtree grants you a limited, non-exclusive, nontransferable and non-assignable license to use the software.
13. Servers: Flairtree reserves the right to select the server for Account Holder's website for best performance. The services provided by Flairtree are provided on a shared server. In order to keep our servers running at optimal levels, any sites running a process that requires more than 8MB of memory, more than 30 CPU seconds, or uses more than 10% of all available system resources at any time will be required to move up to a higher level of Hosting or dedicated solution, or to be hosted elsewhere. Flairtree reserves the right to suspend services on that specific account until the higher usage may be accommodated. Any attempt to undermine or cause harm to a server, or customer of Flairtree is strictly prohibited.
14. Assignment and Resale: Your rights under this Agreement are not assignable or transferable. You agree not to reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes any of the Services without Flairtree's prior express written consent.
15. Force Majeure: Neither party shall hold the other party responsible for, any cessation, interruption or delay in the performance of its obligations due to "Force Majeure". "Force Majeure" may include, but is not limited to: natural disaster, earthquake, fire, flood, storm, war, terrorism, armed conflict, supplier failures, national emergencies, strikes. In the case of "Force Majeure", Flairtree will notify the Client at the earliest opportunity of the circumstances and will take all reasonable steps under the circumstances to mitigate the effects of the force majeure. "Force Majeure" will entitle either party to withdraw from their contractual obligations. The Client will remain liable for all costs incurred up to the occurrence of "Force Majeure".
16. Refusal of Service: We reserve the right to refuse, cancel, or suspend service at our sole discretion.
