IMPORTANT SUMMARY OF RESPONSIBILITIES:
Administry provides two services.
1. Website & Graphic design:
We do not own website software, we implement public licences and purchase software on behalf of the client, so the client owns and is ultimatly resposible for the purchase and upkeep.
2. Website Hosting:
Administry is a reseller partner for Voice2Net (Hosting Australia.com). Voice2nets responsibility is to manage and provide Administry clients with serviced web space that is connected to the internet. The files uploaded to the servers are the responsiblity of the client and not Administry or Voice2net.
Administry will design and implement the software required for a website. All Intellectual Property work produced, designed and created by Administry P/L will be transferred on full payment and completion of the project.
Administry can enter separatly into a service agreement to manage security patches, updates and periodic backups of the website if required.
Voice2net will provide the internet space the website sits in. (Voice2net will maintain the required software and security updates for the hosting of the space only, not the website)
Should an issue arise that Administry is unable to rectify, Voice2net offer a developer service equiped to investigare website issues for a fee.
From time to time website and hosting security issues arrise from unscruulas hackers. This is not under Administry or Voice2net control. All we can do is advise as and when these issues arrise and suggest the client take the appropriate action which may require upgrading and adjustments that will have to be charged for if implemented.
- This agreement commences when Administry Pty Ltd ("we" or "our company") offer services to you ("Customer" or "You"). By registering for or using Administry Pty Ltd services until terminated by either party in accordance with this agreement.
- Where applicable Administry Pty Ltd agrees to use its best endeavors to provide Internet access to its hosting service. The Internet Access will be generally available 24 hours a day, seven days a week, except for service maintenance times, of which Administry Pty Ltd will endeavor to notify the Customer in advance. However, Administry Pty Ltd does not warrant that the service will be uninterrupted or error free. Hosting is provided 24/7 provided there are no interruptions, software failures or power cuts. Such cases have been less than 1% in the past 2 years and with the recent upgraded of hosing software we anticipate it being less. In such an event of failure beyond our control, (power, provider, connections)
- Service and charges are subject to change by Administry Pty Ltd. Administry Pty Ltd Online reserves the right to change or discontinue any of the Services at any time.
- The Customer agrees to purchase in advance, the right to use Administry Pty Ltd services in the form of pre-paid storage space and file transfer costs, neither are refundable. The pre-purchase is only redeemable by usage of the Administry Pty Ltd services. Administry Pty Ltd will Endeavor to offer pre-purchases of the Administry Pty Ltd service to remain redeemable indefinitely but at the discretion of Administry Pty Ltd unused pre-payments may be terminated after 12 months if necessary due to systems and price structure changes.
- If payments are made by credit card. The Customer authorizes Administry Pty Ltd to disclose the Customer’s credit card details to, and obtain information from, any financial institution or credit card issuer to verify the credit card details and to determine whether there is sufficient credit available in the account.
- The Charges are GST applicable and the Customer will bear all taxes and duties.
- The Customer must release and indemnify Administry Pty Ltd and its suppliers from and in respect of any liability, loss, damage or expense suffered by Administry Pty Ltd as a direct or indirect result of the use of the Internet Access, including without limitation the transmission of any illegal, fraudulent, or abusive material or any claim made against Administry Pty Ltd by any of its suppliers.
- Advice, software and information given by Administry Pty Ltd is given in good faith but Administry Pty Ltd is not required to provide such under this agreement. Subject to this agreement, Administry Pty Ltd shall not be responsible for loss occasioned by the Customer in reliance thereof.
- THE CUSTOMER USES THE ADMINISTRY PTY LTD SERVICE AT THE CUSTOMER’S OWN RISK. Administry Pty Ltd DOES NOT MONITOR OR CHECK THE CONTENT OF THE FILES for ILLEGAL, IMMORAL OR OFFENSIVE MATERIAL OR SOFTWARE VIRUSES. Administry Pty Ltd SHALL NOT BE LIABLE WHATSOEVER FOR ANY SUCH MATERIAL UNLESS IT IS KNOWINGLY INTRODUCED BY Administry Pty Ltd.
- SUBJECT TO THIS AGREEMENT: (a) ALL CONDITIONS, WARRANTIES AND REPRESENTATIONS WHICH ARE NOT EXPRESSLY PROVIDED OR INCLUDED IN THIS AGREEMENT ARE EXCLUDED FROM THIS AGREEMENT; AND (b) Administry Pty Ltd ' MAXIMUM AGGREGATE LIABILITY TO THE CUSTOMER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), UNDER STATUTE OR OTHERWISE IS LIMITED TO THE MAXIMUM EXTENT POSSIBLE
- Administry Pty Ltd’ LIABILITY IS ENTIRELY EXCLUDED FOR ANY DIRECT OR INDIRECT LOSS OR DAMAGE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS, CORRUPTION OR DESTRUCTION OF DATA OR FOR ANY OTHER TYPE OF INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE WHATSOEVER.
This agreement includes terms implied by any statute which cannot be lawfully excluded, including those implied by the trade practices act 1974 (cth) and corresponding state and territory Legislation. However, in relation to the supply of goods or services which are not of a kind ordinarily acquired for personal, domestic or household use or consumption, Administry Pty Ltd’ liability for breach of those terms (other than section 69 of the trade practices act and corresponding state and territory legislation) will be limited, at its option, in the case of services, supplying the services again or payment of the cost of having the services supplied again.
- If the Charges are not paid to Administry Pty Ltd by the due date, then where applicable Administry Pty Ltd may immediately suspend or disconnect the Internet Access. Administry Pty Ltd may immediately suspend or disconnect the Internet Access if the Customer’s nominated payment method is refused or dishonored by the Customer’s nominated financial institution. Further, Administry Pty Ltd may suspend Internet Access while investigating any complaint of illegal or abusive behavior and may monitor or limit the Customer’s Internet Access if required by direction of a competent law enforcement official.
- Notwithstanding any provision in this agreement, this agreement may immediately be terminated by Administry Pty Ltd: (a) in the event of the Customer in Administry Pty Ltd s’ reasonable opinion committing abusive behavior; (b) if the Charges are not paid in accordance with this agreement; or (c) if there is a significant change or likely significant change in the Customer’s financial position including without limitation bankruptcy, insolvency, a winding-up application or the appointment of a receiver.
- Where applicable Administry Pty Ltd reserves the right to suspend the Internet Access in an emergency if Administry Pty Ltd considers it necessary to do so to safeguard the provision of services to other customers or for any other reasonable reason.
- Administry Pty Ltd reserves the right to delete the Customer’s personal files at any time after suspension termination or insufficient funds to keep an account open.
- Where applicable the forbearance on the part of Administry Pty Ltd from terminating Internet Access on the first date Administry Pty Ltd is entitled to do so shall not constitute any waiver of Administry Pty Ltd rights to maintain strict time limits including without limitation for payment and insisting upon standards of Customer behavior pursuant to this agreement.
- Administry Pty Ltd will not be responsible for any delay or failure to perform caused by acts beyond its control including but not limited to acts of God, wars, strikes, natural disasters, failures of any other carrier and network operator's services and interruptions to power supply.
- This agreement contains the entire understanding and agreement between the parties as to its subject matter. All previous negotiations, understandings, representations warranties (other than warranties set out in this agreement), or commitments in relation to the subject matter of this agreement are superseded by this agreement and shall be of no force or effect whatever and no party shall be liable to any other party in respect to those matters. No oral explanation or information provided by any party to another shall affect the meaning or interpretation of this agreement or constitute a collateral agreement, warranty or understanding between the parties.
- The Customer must not assign or purport to assign any of its rights or obligations under this agreement without the prior written consent of Administry Pty Ltd. Administry Pty Ltd may assign or novate any of its rights or obligations under this agreement and the Customer shall be deemed to have consented to such assignment or novation.
- Administry Pty Ltd may, from time to time, make reasonable variations to these terms and conditions if necessary to comply with any contract, regulatory requirement or on reasonable commercial grounds.
The Customer and Administry Pty Ltd agree that the laws of Australia NSW shall govern this agreement and each party irrevocably submits to the jurisdiction of NSW courts and tribunals.