Weiv Web Hosting Australia
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Terms and Conditions
Introduction
Acknowledgment and acceptance of Terms and Conditions
Limitation of Liability
Disclaimer
Specific Warnings
Information Provided by You
Privacy
Other Privacy you should be aware of
Linked websites
Copyright
Product information
Payment of Goods and Services
Cancellation by Us
Cancellation by You
Product Information
Placing and Accepting Orders
Service Availability
General
Termination of Access
Release and Indemnity
Applicable Law
Domain Name registration terms
Website Hosting/Email/Secure Web Page/Virus Protection Terms
Search Engine Optimisation terms

Introduction

These Terms and Conditions govern the trading of Weiv and the purchase of any goods or services from it. In these Terms and Conditions, the expression

  • "we", "us" and "our" are a reference to Weiv
  • "you" and "your" are a reference to users of the Service, or any person who accesses the Service using the subscriber's access details
  • "service", "goods" and "products" refers to the web hosting service, along with associated goods and services provided by Weiv Web Hosting

If you need more assistance please contact the Weiv team on + 61 3 9466 8260 between 9am - 5pm AEST Monday to Friday (excluding public holidays), or email info@weivwebhosting.com.au

General Terms and Conditions

Acknowledgment and acceptance of Terms and Conditions

Please note that by accessing the services of Weiv you agree to be bound by its terms, conditions, disclaimers and limitations of liability ("Terms and Conditions"). By utilising Weiv services, you agree to be bound by its terms, conditions, disclaimers and limitations of liability (“Terms and Conditions”), and you acknowledge that you have read and understood and accepted these Terms and Conditions. If you do not accept these Terms and Conditions, you must immediately refrain from using Weiv products, goods or services.

Weiv reserves the right to amend or update such terms, conditions, disclaimers and limitations of liability at any time without providing notice to you. Your continued use of Weiv services will represent an agreement by you to be bound by the Terms and Conditions as amended.

Limitation of Liability

Except as is otherwise stipulated in these Terms and Conditions, Weiv will not accept liability to you in respect of any loss or damage (including indirect special or consequential loss or damage) which may be suffered or incurred by you or which may arise directly or indirectly in respect of goods or services supplied by Weiv or in respect of any failure or omission on our part to comply with our obligations as set out in these Terms and Conditions.

Any liability of Weiv or its related bodies corporate, any of their directors, officers, employees, sub-contractors, consultants or shareholders ("Weiv's Associates") in connection with goods or services supplied to you will, subject to any non-excludable liability for breach of conditions or warranties implied by legislation and to the maximum extent permitted by law, at the election of Weiv be limited to:

•  in relation to goods, the replacement or repair of the goods, the supply of equivalent goods, the payment of the cost of replacing or repairing the goods or the payment of the cost of obtaining equivalent goods; and

•  in relation to services, the supplying of the services again or the payment of the cost of having the services supplied again.

Disclaimer

The information contained on the website is provided by Weiv in good faith. To the best of Weiv's knowledge, the information is accurate and current. However, Weiv or Weiv's Associates do not make any representation or warranty as to the accuracy or completeness of the information. We do not accept responsibility for any loss suffered as a result of reliance by you upon the accuracy or currency of information contained on this website.

Weiv Web Hosting services are provided on an "as is, as available" basis. Weiv gives no warranty, express or implied, for the Web Hosting services provided. This no warranty clause expressly includes any reimbursement for losses of income due to disruption of services by Weiv Web Hosting or our providers beyond the fees paid by you to Weiv Web Hosting for our products and services.

To the fullest extent permitted by applicable law, Weiv disclaims all representations and warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose and non-infringement. Weiv makes no warranty that this website, any information or ideas contained on this website or any products or services will meet your requirements.

You expressly acknowledge and agree that Weiv does not control other users of this website, the providers of information or ideas to this website or the suppliers of goods and services purchased from this website, and Weiv is therefore not liable for their opinions or their behaviour, including any information or advice provided by them or any defamatory statements made by them or any offensive conduct on their part.

You further acknowledge and agree that, subject to the section dealing with "Limitation of Liability", Weiv will not be liable to you or any other person for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for product liability, personal injury or negligence resulting from use of goods or services supplied to you, or on behalf of you, through the website.

Specific Warnings

You must ensure that your access to this website is not illegal or prohibited by laws which apply to you.

All care is taken to ensure that Weiv websites and data transmissions are free from viruses, malicious computer code or other forms of interference. However, it is your responsibility to scan any such data for viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this website or any linked website.

Details contained on this website relating to goods or services have been prepared in accordance with Australian law and may not satisfy the laws of any other country. We do not warrant that the details on this website concerning those goods or services will satisfy the laws of any other country. It is your responsibility to determine whether these details satisfy the laws or the jurisdiction where you reside (if that jurisdiction is outside Australia) and if the details do not satisfy the laws of your jurisdiction, you may not order any goods or services from this website.

You acknowledge that despite all reasonable precautions on our part, there is a risk of unauthorised access to or alteration of your transmissions or data or of information contained on your computer system or on this website. We do not accept responsibility or liability of any nature for any such losses which you may sustain as a result of such activity.

Information Provided by You

If you purchase goods and services from Weiv, we may require you to provide your name, address, email address, credit card number or other details ("customer information"). We may subsequently require further details to enable the processing of any orders that you make. You agree to provide Weiv with current, complete and accurate customer information when asked to do so by the website or an employee of Weiv. All such information collected by Weiv is covered by our Privacy Policy.

We will preserve the content of any email you send us if we believe we have the legal requirement to do so. Your email message content may be monitored by us for trouble-shooting or maintenance purposes or if any form of email abuse is suspected.

(Click here to view Privacy Policy)

Privacy

We treat all customer information in accordance with our Privacy Policy.

Our Privacy Policy constitutes part of these Terms and Conditions

(Click here to view Privacy Policy)

Other Privacy information you should be aware of

Unfortunately, no data transmission of the internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.

If you share a computer with someone or are using a computer in a public place like a library or Internet café, you as an individual are responsible for the security of and access to your computer.

You are solely responsible for maintaining the secrecy of your username and passwords and any account information. Please be careful and responsible whenever you are using the Internet.

Further Privacy information can be obtained on the Australian Privacy Commissioner's Web Site

If you need more assistance please contact the Weiv team on +61 3 9466 8260 between 9am - 5pm AEST Monday to Friday (excluding public holidays), or email info@weivwebhosting.com.au .

Linked Websites

This website may contain links to other websites ("linked websites"). Those links are provided for convenience only and may not remain current or be maintained.

We are not responsible for the content or privacy practices associated with linked websites.

Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.

Copyright

Copyright in the Weiv Web Hosting website is property of or licensed to Weiv. Material on this website also comprises copyright material. Other than for the purposes of, and subject to the conditions prescribed under the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these Terms and Conditions, you may not in any form or by any means:

•  adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this website; or

•  commercialise any information, products or services obtained from any part of this website; without our written permission.

This property may only be used for the purposes of browsing the Weiv website and acquiring goods and services of Weiv.

Product Information

Prices of goods and services and delivery and other charges displayed on the Weiv website are current at the time of display. These prices are subject to variation without notice.

We will always attempt to be as accurate as possible with our product descriptions and pricing. However, we are unable to warrant that product descriptions or other content of the website is accurate, complete, reliable, current or error free.

Placing and Accepting Orders

Orders will not be serviced until payment in full has been received and Weiv is satisfied with the integrity of the order.

Without limiting the operation of any other Terms and Conditions herein, Weiv is not responsible for any loss or damage caused by late delivery or cancellation of an order or a product.

You may offer to purchase goods or services described on this website for the price specified on this website. Placement of an order by you constitutes an offer to enter into an agreement with us ("your offer"). Your order must contain your name, email address, credit card details and any other ordering information specified on this website.

We will email you an Order Confirmation for the sole purpose of confirming the details of your offer. Please note that our Order Confirmation does not constitute an acceptance of your offer or reflect the status of your order in any way.

Within seven days of receipt of your order, we will at our discretion accept or reject your offer to purchase.

You may not cancel an order once it has been submitted, even if our acceptance or rejection of your offer is still pending.

We are not required to give reasons for rejecting your offer to purchase.

If we reject your offer to purchase the goods or services for any reason, neither party will be under any further liability to the other arising out of your original offer or our non-acceptance of that offer.

If we have not responded to you within seven days, your offer will be deemed to be rejected.

We give no undertaking as to the availability of products or services advertised on this website.

Delivery of the goods or services to you will be effected in the manner described on this website.

Title in the goods does not pass to you until payment has been received.

Risk of loss or damage to the goods or services passes to you upon dispatch.

Payment must be effected in the manner described on the website. Prices are inclusive of goods and services tax (GST) unless otherwise stated. In all other respects, the price is inclusive of taxes, duties and charges imposed or levied in Australia in connection with the supply of goods.

The goods are offered for sale only to persons who can make legally binding contracts.

Cancellation by Us

We reserve the right not to provide goods or services or to cancel orders (or part thereof) at our sole discretion at any time. Without limiting the operation of any other Terms and Conditions herein, we will not be held liable for loss or damage arising from the exercising of these rights.

Cancellation by You

If you need to cancel a service, please contact us immediately on +61 3 9466 8260. Our agreement with you only comes into existence once we have both confirmed your order and your payment has been processed. Once we have accepted payment for an order, cancellation of the order is within our sole discretion.

Orders that cannot be cancelled will be subject to our terms, conditions and policies relating to Returns and Exchanges.

Payment of Goods and Services

Weiv Web Hosting accepts payment by Cheque, Money Order, Direct Deposit or Credit Card (Visa, American Express and MasterCard) and in accordance with payment terms indicated on the Weiv Web Hosting invoice. Invoices will be issued via email, unless otherwise arranged.

Failure to make payment within 30 days of the due date (including if your contact details have changed and our office has not been notified) may result in Service deactivation without notice pending payment. A reactivation fee of $50.00 (plus GST) will be applied, plus any outstanding amounts, before account will be reactivated. Accounts will only be reactivated at the discretion of Weiv.

Weiv Web Hosting reserves the right to pursue further action to retrieve monies owed where an invoice becomes more than 30 days overdue. Should this occur, you will be responsible for any legal fees and expenses incurred during the collection of any unpaid amounts.

Service Availability
Weiv shall use reasonable endeavours to provide continuing availability of the server and services, but we shall not under any circumstances be liable for service interruptions or down time of the server.
General

Weiv accepts no liability for any failure to comply with these terms and conditions where such failure is due to circumstance beyond our reasonable control.

If we waive any rights available to us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.

If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.

Termination of Access

Access to this website may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination.

Release and Indemnity

You agree to waive any and all claims that you now have or may have in the future against Weiv and Weiv's Associates which relate to or are incidental to any transaction.

You agree to indemnify and hold Weiv harmless from and against any and all claims, loss or expense that may be incurred by Weiv or Weiv's Associates which relate to or are incidental to the performance of its duties as described in these Terms and Conditions including all costs of defending itself against a claim by any other person and/or as a result of you taking any action or refraining from taking any action or instituting or defending any action or legal proceeding.

You further agree to indemnify and hold Weiv and Weiv's Associates harmless from any claim made by any third party due to or arising out of your use of this website, the violation of these Terms and Conditions by you, or the infringement by you, or other users of this website using your membership account, of any intellectual property or other right of any person or entity.

Applicable Law

These Terms and Conditions are governed by the laws in force in Victoria, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria, Australia and any courts, which may hear appeals from those courts.

Service/Product Specific and Conditions

Domain Name Registration Terms

Weiv does not warrant or guarantee that the domain name applied for will be registered in your name or is capable of being registered by you. Accordingly, you should take no action in respect of your requested domain name(s) until you have been notified that your requested domain name has been registered.

Both the registration of the domain name and its ongoing use are subject to the relevant naming authority's terms and conditions of use and you are responsible for ensuring that you are aware of those terms and conditions and can and do comply with them. You irrevocably waive any claims you may have against us in respect of the decision of a naming authority to refuse to register a domain name and, without limitation agree that the administration charge paid by you to us shall be non-refundable in any event.

Weiv accepts no responsibility in respect of the use of a domain name by you and any dispute between you and any other individual or organisation regarding a domain name must be resolved between the parties concerned and we will take no part in any such dispute. We reserve the right, on our becoming aware of such a dispute, at our sole discretion and without giving any reason, to either suspend or cancel the domain name, and/or to make appropriate representations to the relevant naming authority.

Website Hosting/Email/Secure Web Page/Virus Protection Terms

Weiv specifically excludes any warranty as to the accuracy or quality of information received by any person via the server and in no event will we be liable for any loss or damage to any data stored on the server. You are responsible for maintaining insurance cover in respect of any loss or damage to data stored on the server. You warrant to us that you will only use your assigned Web Site for lawful purposes. In particular, you further warrant and undertake to us that:

  • you will not, nor will you authorise or permit any other person to, use the Server in violation of any law or regulation
  • You will not knowingly or recklessly post, link to or transmit any material:
  • that is unlawful, threatening, abusive, harmful, malicious, defamatory, violent or teaching violence, obscene, pornographic, profane or otherwise objectionable in any way
  • containing a virus or other hostile computer program
  • that shall constitute or encourage a criminal offence, give rise to civil liability or that violates or infringes any trade mark, copyright, other intellectual property rights or similar rights of any person under the laws of any jurisdiction
  • You will conform to the standards made available by us from time to time and will not yourself, and will ensure that none of your end users, make excessive or wasteful use of the Server to our detriment or that of our other customers.
  • You are responsible for sending mail in accordance with any relevant legislation, including but not limited to the Commonwealth Spam Act (2003) and for sending the same in a secure manner. We will take all reasonable steps to ensure accurate and prompt routing of messages but we will not accept any liability for non-receipt or misrouting or any other failure of email. In the event of deliberate transmission of unsolicited commercial email (UCE), Weiv reserves it right to terminate services without prior notification.

You warrant, undertake and agree that:

  • any transactions within your website which are contracts for the sale of goods or services will be between you as the merchant and your end-user customer and you agree that we may include an exclusion of our liability in respect of such purchases and transactions in such form as we deem appropriate
  • the information contained within your website will comply with all applicable law, and codes of practice governing the use of websites and related services, including, without limitation, those laws and/or codes of practice governing distance selling and data protection from time to time in force
  • you will keep secure any identification, password and other confidential information relating to your account and you will notify us immediately of any known or suspected unauthorised use of your account, or any known or suspected breach of security, including loss, theft or unauthorised disclosure of your password information. Notwithstanding such notification you will be liable for any and all uses of your account (and website) notwithstanding any fraudulent or improper use of your password or any other access to any of the facilities we offer which is not unauthorised use or access by us.

Whilst we shall use reasonable endeavours to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorised users or hackers.

We do not warrant whatsoever that our virus protection services will stop every virus from reaching your computer network. We make no warranty that the service will be error free or free from interruption of failure, and the company expressly disclaims any express or implied warranty regarding system and/or service availability, accessibility, or performance.

Search Engine Optimisation Terms

Whilst Weiv will try to improve the position of your website in the search engine results in response to a search request, we do not warrant that this effort is in any way guaranteed.

We cannot be held responsible for any changes to the position of the your website in the Search Engines in response to a search request.

Should you object to any of these Terms and Conditions (including any subsequent amendments), you must immediately discontinue utilising the services of Weiv.

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