terms of service

HomePage Design and Web Hosting
(ABN 57 063 809 947)

These are the Standard Terms Of Service for supply from HP Hosting's hosting service and other services offered from time to time on our website at www.hphosting.com.au ("the Service"). These terms apply to you as a user of the Service ("customer" or "you"). Please read these terms and conditions carefully. It is a condition of your use of the service that you comply with these terms and conditions.

Terms and conditions
1. HP Hosting ("we", "our" or "us") provide web hosting services, we are not an internet service provider.
2. This agreement sets out the terms and conditions on which we offer web site hosting services to the Customer.
Hosting services
1. The Customer may select one Hosting Plan and, if desired, additional Optional Services.
Hosting plans
1. A number of Hosting Plans are available.
2. The Customer must select one Hosting Plan.
3. The Customer can upgrade their Hosting Plan at any time or downgrade their Hosting Plan at the end of any payment cycle.
4. The details and pricing of each Hosting Plan is set out here.
5. We may add features to a Hosting Plan without prior notice to the Customer.
6. We may remove features of a Hosting Plan used by the Customer only upon prior notice to the Customer.
Fees and charges
1. The Customer must pay us the outlines fees for services selected by the Customer.
2. We will not provide any services until:
  • this agreement is acknowledged by the Customer; and
  • all applicable "pay in advance" fees are paid by the Customer.
3. We will not refund any "pay in advance" fees if the Customer does not use any services paid for by the Customer.
4. Certain fees and charges are payable by the Customer to us in arrears. These fees and charges include maintenance requested by the Customer, specialist support, and usage greater than that covered by the Hosting Plan selected by the Customer.
5. The amount of all fees and charges are determined according to our current Price List.
6. We may vary our Price List at any time.
Billing
1. We will issue invoices for all fees and charges that are payable in arrears.
2. Unless prior arrangements have been agreed upon, the Customer must pay us all invoiced amounts within 7 days of the date of the invoice. The following notification periods will apply to outstanding amounts:
  • 7 days after due date - courtesy email
  • 14 days after due date - reminder email
  • 21 days after due date - web site disabled
  • 30 days after due date - web site expired
3. If the Customer disputes an invoiced amount, the Customer must notify us in writing within 7 days of the date of the invoice. The undisputed amount of the invoice must be paid on time.
4. We may charge the Customer an administration fee of $20 if a cheque presented by the Customer is not honoured or if an electronic payment made by the Customer is reversed.
5. If an amount remains unpaid after the due date, the Customer may be required to pay interest on that amount until it is paid in full. The rate of interest will be the Reserve Bank's Official Cash Rate (as published in the Australian Financial Review) plus 5%.
Termination
1. This Agreement continues in force until terminated by either party.
2. The Customer may terminate this Agreement by providing thirty days written notice to us.
3. We may terminate this Agreement:
  • By providing sixty days written notice to the Customer;
  • Immediately and without notice, if the Customer breaches this Agreement; or
  • If required by law or court order.
4. Upon termination of the Agreement, the Customer will be provided with an invoice in relation to services used prior to termination. This invoice must be paid within 7 days. All prior invoices immediately become due and payable upon termination of this Agreement.
5. Upon termination of this Agreement, we may delete the Customer's web site from our computer system or prevent access to the Customer's web site.
Supervisor
1. The Customer must appoint one Supervisor.
2. In relation to the Customer's service, we will only accept instructions from the Supervisor.
3. The Customer may change its Supervisor at any time by written notice from the existing Supervisor to us.
Use of our services
1. The Customer must use our services in a responsible, co-operative and professional manner.
2. The Customer is responsible for the content contained on the Customer’s website. We do not exercise editorial control over the Customer’s website.
3. The Customer is responsible for obtaining and maintaining the equipment and telephone services necessary to access and use any service we provide and for any telephone charges associated with connecting to any service.
4. The Customer cannot resell our services to any third parties.
5. The following are Prohibited Acts:
  • Using our service for any illegal purpose;
  • Tampering with, hindering the operation of or making unauthorised modifications to our service (other than the Customer’s own website);
  • Deleting another’s data from our service without permission;
  • Knowingly transmitting a computer virus, worm or disabling feature;
  • Using our service to access another’s computer system without permission;
  • Using our service to publish, transmit or store any communication or data that is defamatory, obscene, sexually explicit, abusive or violates any federal, state or local law or regulation;
  • Using our service to engage in misleading or deceptive marketing practices;
  • Using our service to conduct or promote a business that is illegal;
  • Using our service to spam another or to send bulk email.
Suspension and cancellation of services
1. The Customer may cancel a Hosting Plan by providing thirty days written notice to us.
2. Without limiting our right to terminate under clause 6.3, we may suspend or cancel a service, delete the Customer’s website from our computer system or prevent access to Customer’s website if:
  • There is an emergency;
  • The Customer does not pay an invoice on time;
  • The Customer becomes bankrupt, insolvent or has a receiver, manager or liquidator appointed;
  • The Customer breaches this agreement;
  • The Customer brings legal action against us;
  • We are required to do so by law or a court order.
3. We may temporarily suspend a service if necessary to allow for maintenance of hardware or software. In doing so, we will attempt to give the Customer prior notice of the suspension and will attempt to minimise inconvenience to the Customer.