Policies
- General Terms & Conditions for the
Supply of Goods and/or Services
1.
Definitions
- 'Planet HomePage' is Planet HomePage,
and its employees, officers, agents
and affiliates.
- The 'Agreement' means these Terms
and Conditions and the details on
the Application for Hosting Service.
- The 'Customer' refers to all persons,
companies, or other entities identified
on the Application for Planet Homepage
Hosting Service and to any person
nominated by the Customer who is authorised
to use the Service.
- The 'Service' means the computing
and communication service known as
the Planet HomePage Hosting Service,
as modified from time to time.
2.
Application and Variation of these Terms
These terms and conditions are the terms
on which Planet Homepage provides services
or goods to its customers, modified by
any written contract between Planet HomePage
and its customers in any particular case.
The terms so modified constitute the agreement
in its entirety and supersede any prior
agreements. Planet HomePage may modify
these terms as applying to any agreement,
the pricing structure for any Service
or the terms of the operation by general
notice on a page of the Internet referred
to on the Planet HomePage Home Page, and
any use after that publication will constitute
an acceptance of that modification.
3.
Charges
The customer must pay the Hosting Fee
and Set-up Fee in advance. The Hosting
Fee is exclusive of any government taxes
or charges and exclusive of any registration
or delegation charges imposed by domain
name authorities. Where a domain name
is managed by Planet HomePage, annual
or biennial renewal fees will be automatically
paid to the registering authority and
the customer will be invoiced at the prevailing
rate.
In addition the Customer must provide
and pay for:
- any costs imposed on the customer
or Planet HomePage associated with
establishment, transfer or renewal
of a domain name;
- the installation and use of telephone
lines and all other equipment needed
to access the Service at their own
cost;
all government taxes, duties and levies
(if any) imposed on the customer or
Planet HomePage in respect of any
- Services or goods supplied.
4.
Payment of Accounts
The Customer must pay all amounts billed
in accordance with their hosting agreement.
Upon registration of a Credit Card account,
the Customer gives Planet HomePage authorisation
to debit their credit card for all charges.
Billing is in advance on a monthly or
annual cycle.
5.
Publication at Customer's Risk
The Customer accepts responsibility for
all information and material issued by
the Customer over any Service, and indemnifies
Planet HomePage against any liability
in relation thereto. In particular the
Customer undertakes that it shall not:
- post, publish, transmit or issue
any information which is unlawful,
threatening, abusive, libellous, defamatory,
obscene, offensive, indecent, pornographic,
profane, or otherwise objectionable
information of any kind, including
without limitation any transmissions
constituting or encouraging conduct
that would constitute a criminal offence,
give rise to civil liability, or otherwise
violate any local, state, federal
or international law, including without
limitation laws protecting intellectual
property including copyright, trademark,
trade secret, misappropriation and
anti-dilution laws;
- post, publish, transmit, reproduce
or distribute any information or software
which contains a virus or other harmful
component;
- post, publish, transmit, reproduce,
distribute or in any way exploit any
information, software, or other material
obtained through the service for commercial
purposes (other than as expressly
permitted by the provider of such
information, software, or other material);
- restrict or inhibit any other user
from using and enjoying the Internet.
The Customer also acknowledges that
Planet HomePage does not vet or approve
any information or material available
through any service and that Planet
HomePage does not accept any liability.
To the full extent permitted by law
the Customer accesses and uses such
information and material at his or her
own risk.
6.
Acceptable Use
The Customer agrees to abide by the Planet
HomePage Acceptable Use Policy which may
be viewed at any time.
(view
Planet Homepage Acceptable Use Policy)
7.
Provision of Service
The Service provided to the Customer is
not fault free and relies on factors outside
the control of Planet HomePage. The Service
is provided to the Customer at such times
and by means as Planet HomePage decides
from time to time.
Scheduled Maintenance must be carried
out on the servers from time to time,
and every attempt will be made to carry
out such maintenance at times which will
affect the least amount of Customers.
Unscheduled maintenance may need to be
performed due to data corruption or equipment
failure.
Customer data is archived onto backup
mechanisms on a regular basis for the
purposes of disaster recovery. In the
event of equipment failure or data corruption,
Planet Homepage will restore from the
last known good archive. In the event
of corruption of all Planet HomePage archives,
or in the event that an old archive is
used to restore data, the Customer should
be prepared to upload their data to their
Web Site. This process requires that the
Customer or it's agent maintains a recent
copy of their data at all times.
8.
Exclusion of Liability
Planet HomePage does not warrant that
the services provided under this agreement
will be uninterrupted or error free or
that the services will meet the Customer's
requirements, other than as expressly
set out in this agreement.
Planet HomePage reserves the right (but
is under no obligation) to remove from
Internet access any part of the Customer
data that, in Planet HomePage's opinion,
infringes any of the warranties set out
in this agreement.
Planet HomePage has no obligation to review
or edit content of the Customer data.
Except as provided in clause 9 below,
Planet HomePage is not liable to the Customer
or any other person for:
- any cost, loss or liability (including
loss of profit or other consequential
damage) arising from Planet HomePage's
supply or failure or delay in supplying
any goods or Services;
- the content, context or confidentiality
of any communications made using any
Service. Planet HomePage is not able
to provide support for software not
supplied by Planet HomePage, this
includes software downloaded from
the Internet
9.
Limitation of Liability
Except as expressly provided to the contrary
in this agreement, all warranties, undertakings,
inducements and representations relating
to the provision of any Service or goods
are excluded and Planet Homepage will
not be liable for any loss or damage (including
consequential loss or damage) however
caused (whether by negligence or otherwise)
in resect of any Service or goods. Where
any statute implies in this agreement
any term, and that statute avoids or prohibits
provisions in a contract excluding or
modifying the application of or liability
under such a term, then the term will
be taken to be included in this agreement.
However, Planet HomePage's liability for
any breach of such implied term or warranty
will be limited at Planet HomePage's option
in any way permitted by the legislation
to:
- any cost, loss or liability (including
loss of profit or other consequential
damage) arising from Planet HomePage's
the supplying of the Services again;
or
- the payment of the costs of having
the Services supplied again
10.
Customer Obligations
The Customer warrants that:
- at the time of entering into this
agreement it is not relying on any
representation made by Planet HomePage
which has not been stated expressly
in this agreement, or on any descriptions
or specifications contained in any
other document, including any catalogues
or publicity material produced by
Planet HomePage.
- it will conduct such tests and computer
virus scanning as may be necessary
to ensure that data uploaded by it
onto or downloaded by it from the
Server does not contain any computer
virus and will not, in any way, corrupt
the data or systems of any person.
- it will keep secure any passwords
used to upload data to the Server
using Microsoft FrontPage® or
any ftp software.
- all data uploaded onto the Server
under this agreement will not expose
Planet HomePage to the risk of any
claim, legal or administrative action
or prosecution.
- it is solely responsible for dealing
with persons who access the Customer
data, and must not refer complaints
or inquiries in relation to the Customer
data to Planet HomePage.
- if there is any claim against Planet
HomePage due to a breach of the Customer's
warranties, or otherwise attributable
to the Customer data, the Customer
must indemnify and hold Planet HomePage
harmless against all liabilities,
losses, damages, costs and expenses
(including legal fees and expenses)
associated with, or arising out of,
the claim.
- it grants to Planet HomePage a license
to use and reproduce all Customer
data in order to fulfil its obligations
under this agreement
11. Breaches
The Customer shall indemnify Planet
HomePage against any loss (including
any loss of profit) incurred by Planet
Homepage as a result of any breach of
the terms of any agreement with Planet
HomePage including damages in respect
of any period between the date of actual
termination (including termination under
clause 14.) and the date on which the
Customer was entitled to terminate such
agreement in accordance with its terms.
12. Termination
Either party may terminate this agreement
by 30 days notice in writing to the
other party.
Planet HomePage may immediately terminate
any agreement or the provision of any
Service if:
On termination or expiry of this agreement
for any reason.
13. Suspension
of Service
Planet HomePage may from time to time
without notice suspend any Service or
disconnect or deny the Customer access
to any Service:
-
during any technical
failure, modification or maintenance
involved in the Service provided that
Planet HomePage will use reasonable
endeavours to procure the resumption
of the Services as reasonably practicable;
or
-
if the Customer
fails to comply with any agreement
(including failure to pay charges
due) until the breach (if capable
of remedy) is remedied, or does, or
allows to be done, anything which
in Planet HomePage's opinion may have
the affect of jeopardising the operation
of any Service.
Notwithstanding any suspension of any
Service under this clause the Customer
shall remain liable for all charges
due throughout the period of suspension.
14.
Confidentiality
Except as otherwise expressly permitted
in writing, no person may reproduce, redistribute,
retransmit, publish or otherwise transfer
or commercially exploit any information
which they receive through the Service
in any way which is competitive to the
Service.
15.
Assignment
The Customer cannot assign its rights
under any agreement with Planet HomePage
without the prior written consent of Planet
HomePage.
16.
Severability
If any provision of this agreement is
determined to be invalid or unenforceable,
all other provisions shall remain in full
force and effect and said provision shall
be reformed only to the extent necessary
to make it enforceable.
17.
Failure to exercise rights not a waiver
No failure of Planet HomePage to exercise
any power given to it or to insist upon
the strict compliance by the operator
with any obligations or conditions hereof
and no custom or practise of the parties
or variance with the terms of this deed
shall constitute a waiver of Planet HomePage's
right to demand exact compliance with
the terms of this deed nor shall a waiver
by Planet Homepage of any particular default
affect or impair Planet HomePage's rights
as to the said default or any subsequent
default.
18.
Jurisdiction
Nothing herein contained shall detract
from the rights of either party to have
any dispute judged by the appropriate
Courts of Law and it is agreed that this
deed shall be governed by the Laws of
New South Wales, Australia and each of
the parties hereby submits to the jurisdiction
of the Courts of New South Wales, Australia
and agrees that all actions and proceedings
to be taken to enforce payment of any
moneys payable hereunder or for or in
connection with any matter arising under
this deed shall be taken in the Courts
of that State and not otherwise. |
Sign
Up with Planet Homepage
