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Get IT Happening - Privacy Policy & Terms And Conditions

Table Of Contents:
Click Contents Headers To Skip Ahead

1 Definitions
2 Acceptance Of Terms
3 Disclaimer, Limitation Of Liability, And Legislative Obligation
4 Copyright And Intellectual Property Statement
5 Privacy Policy
6 Terms Of Service
7 Web Hosting Specific Terms And Conditions & Acceptable Use Policy
8 Domain Name Specific Terms And Conditions
9 Simplicity Plus Specific Terms And Conditions
10 Reseller Specific Terms And Conditions
11 Revision

1. Definitions

1.1 The terms "GIH", “GIH's”, etc in this and all other policy documents shall mean the registered Australian Business N. M. & S. J. O’Brien trading as Get II Happening, and its proprietors, employees, sub-contractors, successors and assigns or any person acting on behalf of and with the authority of Get IT Happening, ABN: 35 764 160 592, whose online presence can be found at:

http://getithappening.com.au http://getithappening.net.au
http://getithappening.com http://getithappening.net
http://gih.com.au http://gih.net.au
http://gihwebhosting.com http://gihweb.com

1.2 The terms “the Client/s”, "Customer/s”, "they", etc in this and all other policy documents shall mean any person, company, partnership, trust, organisation, or any other entity that use the Goods and/or Services of GIH.

1.3 The term “Goods” shall mean Goods supplied by GIH to the Client (and where the context so permits shall include any supply of Services as hereinafter defined).

1.4 The term “Services” shall mean all Services supplied by GIH to the Client and includes any advice or recommendations in relation to Goods and/or Services (and includes any incidental supply of Goods and/or Services).

1.5 The term “Price” shall mean the cost of the Goods and/or Services as stated by GIH.

1.6 The term "Contract" or "Agreement" shall be considered to have the same meaning in this and all other policy documents, the meaning of which being: the legally binding written phraseology of the terms and conditions applicable to a Goods and/or Services provision arrangement between two or more parties.

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2. Acceptance Of Terms

2.1 Any instructions received by GIH from the Client for the supply of Goods and/or Services and/or acceptance/use of Goods and/or Services by the Client shall mean the Client warrants all the terms and conditions of such Goods and/or Services have been read in entirety and accepts the terms and conditions contained herein.

2.2 Where more than one Client has entered into this agreement, the Clients shall be jointly and severally liable for all payments of the Price.

2.3 GIH is appointed as a Goods and/or Services provider by the Client whenever the Client orders and/or enquires about any Goods and/or Services. Such appointment shall be ongoing until cancelled by the Client by giving GIH not less than ninety (90) days notice in writing, or by GIH as determined by all relevant Clauses of this and all other policy documents.

2.4 None of GIH’s agents or representatives are authorised to make any representations, statements, conditions or agreements not expressed by the Manager of GIH in writing nor is GIH bound by any such unauthorised statements.

2.5 These terms and conditions together with all other policy documents constitute the entire agreement between the Client and GIH, and will supersede and replace all prior agreements, written or oral, regarding the content of such documents.

2.6 GIH reserves the right to revise its terms, conditions and policies at any time without notice. All Clients old and new are required to abide by the latest version of all these documents which are maintained at GIH's website. http://gih.com.au/legal.php and/or can be provided in PDF format at the Client's request.

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3. Disclaimer, Limitation Of Liability, And Legislative Obligation

3.1 Users of the GIH websites agree that they do so at their sole risk and that the websites are provided by GIH on an 'as is' and 'as available' basis. All content on any and all GIH websites is for information purposes only. All content, prices, Goods and/or Services offered for supply by GIH are subject to change without notice.

3.2 The Client hereby disclaims any right to rescind, or cancel the contract or to sue for damages or to claim restitution arising out of any misrepresentation made to the Client.

3.3 GIH hereby disclaims and is released from all liability and responsibility for any loss, damage, costs or expenses of any kind suffered or incurred by anyone, arising out of the use, installation, improper use or inability to use the Goods and/or Services offered by GIH; or arising out of the Client's attendance at any of GIH's office locations; or arising out of GIH's attendance at any Client's home or office location/s for the provision of Goods and/or Services or any other purpose; or as a consequence of the Client's breach or non-observance of these terms or that may arise from any Goods and/or Services provided or agreed to be provided by GIH. The Client agrees to indemnify, keep indemnified and hold GIH and its proprietors, employees, sub-contractors, successors and assigns or any person acting on behalf of and with the authority of GIH, harmless from any claim brought against GIH by the Client or any third party resulting from the provision of Goods and/or Services by GI H to the Client; the Client's use of the Goods and/or Services; the Client's attendance at any of GIH's office locations; or GIH's attendance at any Client's home or office location/s for the provision of Goods and/or Services, including but not limited to all losses, costs, actions, proceedings, claims, damages, expenses (including all legal costs and expenses), or liabilities, whatsoever suffered and howsoever incurred by GIH.

3.4 To the full extent permitted by law GIH hereby excludes all conditions and warranties not expressly set out herein. GIH makes or gives no express or implied warranties including, without limitation, the warranties of quality, non-infringement of rights, merchantability or fitness for a particular purpose, or arising from a course of dealing, usage or trade practice, with respect to any Goods and/or Services provided under or incidental to this agreement. No oral or written information or advice given by GIH, GIH's resellers, agents, representatives or employees or the information presented on any of GIH's websites shall create a warranty or in any way increase the scope of the express warranties hereby given, and Clients should not rely on any such information or advice. Furthermore GIH will not guarantee that any of the information stated will be non-interrupted, timely, reliable or error free.

3.5 The Client accepts all risk and responsibility for consequences arising from the use of the Goods and/or Services, whether singularly or in combination with other Goods and/or Services, whether provided by GIH or not. No claims for consequential damages will be accepted.

3.6 Incorporated into the GIH websites are links to the websites of other organisations and businesses. The links GIH have incorporated are for GIH's Clients' convenience only and do not imply and should not be taken as implying an endorsement or approval of the content of those websites or the activities of the organisations and businesses responsible for those websites.

3.7 GIH's total aggregate liability to a Client for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the Goods and/or Services shall be limited to the charges paid by that Client in respect of the Goods and/or Services, or the amount shown in Clause 3.8, whichever is the lesser amount, which are the subject of any such claim and provided that the Client notifies GIH of any such claim within thirty (30) days of it arising. This notification does not constitute the requirement of any refunds or replacements, only that the Client's claim will be thoroughly investigated, and the end decision, if any, remains solely at the discretion of GIH. In no event shall GIH be liable to the Client for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.

3.8 In no event shall GIH's maximum liability exceed three hundred Australian dollars (AU$300.00).

3.9 In the event that this agreement constitutes a supply of Goods and/or Services to a Consumer as defined in the Commonwealth Trade Practices Act 1974 or any other national, State or Territory legislation (the Acts) nothing contained in this agreement excludes, restricts or modifies any condition, warranty or other obligation in relation to this agreement and the Goods and/or Services and the Client where to do so is unlawful. To the full extent permitted by law, where the benefit of any such condition, warranty or other obligation is conferred upon the Client pursuant to any of the Acts, GIH's sole liability for breach of any such condition, warranty or other obligation, including any consequential loss which the Client may sustain or incur, shall be limited (except as otherwise specifically set forth herein) to GIH's election of the following options, to which no negotiation will be entered into:

3.9.1 In relation to Goods:

  1. The replacement of the Goods.
  2. The supply of equivalent Goods; or
  3. The repair of the Goods.

3.9.2 In relation to Services:

  1. The supplying of the Services again.

3.10 If any provision of these terms and conditions shall be deemed invalid, void, illegal or unenforceable, the validity existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.

3.11 These terms and conditions and any contract to which they apply shall be governed by the laws of the state of Queensland and are subject to the jurisdiction of the courts of the state of Queensland.

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4. Copyright And Intellectual Property Statement

4.1 Any intellectual property rights contained in any material supplied as part of GIH's Service to the Client or GIH's websites or any Goods and/or Services, remain with GIH and/or GIH's licensors. At no stage is the Client permitted to use any material supplied as part of GIH's Service to the Client or GIH's websites or any Goods and/or Services, other than with GIH's express written consent or if necessary that of GIH's licensors.

4.2 The Client agrees not to copy, reproduce, transmit, publish, display, distribute, commercially exploit, or create derivative works of any material supplied as part of GIH's Service to the Client or GIH's websites or any Goods and/or Services, either intentionally or unintentionally, and agrees not to assist or facilitate any third party in these processes, without GIH's or GIH's licensors express written consent. The Client agrees that, if at any stage the Client becomes aware of anyone exploiting any information belonging to GIH, the Client will let GIH know immediately via the "contact us" link on this website.

4.3 The Client warrants that they hold all necessary intellectual property rights in any document, material or information that is supplied to GIH for the provision of Goods and/or Services and that there is or will be no infringement of any rights or entitlements held by any third party.

4.4 The Client indemnifies and holds harmless GIH for any claims made against GIH arising from GIH’s use of any document, material or information supplied by the Client.

4.5 Until such time as GIH has received the whole of the Price, the intellectual property rights in any Goods and/or Services remain with GIH.

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5. Privacy Policy

5.1 General

5.1.1 GIH aims for the highest level of Client service and satisfaction. As such GIH have stringent policies in place to ensure the utmost respect for the Client's online as well as offline security and privacy. Unlike many unscrupulous companies, GIH never trades the Client's information. GIH's only purposes for keeping the Client's information are identification and correspondence with GIH and its authorised representatives and assessment of the Client's websites. GIH may however disclose Client details when it is necessary to protect the legitimate interests of GIH and its Clients. GIH must also disclose information when GIH believes, in good faith, that the disclosure is required by law.

5.1.2 The Client warrants that all information provided to GIH has been collected in accordance with the principals contained in the Privacy Act 1988 and that the Client has authorised the use or disclosure of that information in any way deemed necessary by GIH for all purposes.

5.1.3 The Client authorises GIH to the extent permitted by law to collect, retain, disclose and use any information about the Client, for the purposes of assessing the Client's creditworthiness, to notify other credit providers and/or credit reporting agencies of a default by the Client, or marketing any Goods and/or Services provided by GIH to the Client or any other party.

5.1.4 Where the Client is a natural person, the authorities under Clause 5.1.2 and 5.1.3 are authorities or consents for the purposes of the Privacy Act 1988.

5.2 Personal Information

5.2.1 GIH does not collect personally identifying information about any individual at any of its websites, except when knowingly provided by such individuals. For example, GIH may ask the Client for information when the Client registers to receive a newsletter or contacts GIH for a quote. This is done via voluntary submission, the Client always having the option not to provide the information GIH requests. However if the Client chooses not to provide the information GIH requests, the Client may be unable to access certain options or services.

5.3 Browser Level Information

5.3.1 GIH web servers automatically collect information about a site user's IP address, browser type and referrer. This information is provided by every user's browser and is automatically logged by most websites. GIH collects this information in a database and it is used in an aggregated and anonymous manner in GIH's internal analysis of traffic patterns within GIH's websites.

5.3.2 A cookie is a data file that most websites write to the Client's computer's hard drive when the Client visits such sites. A cookie file can contain information, such as a user session code, that the site uses to track the pages the Client has visited in an anonymous manner and keeps session information so the Client's online transactions are accurate. GIH uses cookies solely to track user traffic patterns throughout GIH's websites and to allow the Client access to certain sections of the website. GIH uses this data in an anonymous manner and GIH does not correlate this information with personal data of any user. Most internet browsers automatically accept cookies, but the Client can usually change the browser settings to display a warning before accepting a cookie, or to refuse all cookies. However, if the Client chooses to disable the receipt of cookies from GIH's website, the Client may not be able to use certain features of the website.

5.3.3 GIH may send emails to Clients receiving any of GIH's Goods and/or Services, Clients registered at GIH's websites or other media and/or Clients who have contacted GIH at any time for any reason. These emails may be regarding things such as Service status, new products and Services, news and promotions. The Client can always choose to opt-out of such lists at any time by sending an unsubscribe email in reply to the email the Client received, or by contacting us via the Contact page on our website (http://www.gih.com.au/support/index.php). However, if the Client chooses not to receive updates from GIH's websites or other media, the Client may not be able to use certain features of the websites or other media.

5.3.4 When supplying GIH with personal information, the Client is sharing that information, when necessary, with GIH and GIH's staff as well as vendors providing other Goods and/or Services for GIH. If the Client does not want the Client's information to be shared, the Client can choose not to allow the transfer of the Client's information by not using those particular Goods and/or Services. However, if the Client chooses not to use any particular Goods and/or Services, the Client's other Goods and/or Services may be affected. When the Client sends GIH any feedback, suggestions, ideas or other materials in relation to or via GIH's websites or other media, the Client agrees that GIH can use, reproduce, publish, modify, adapt and transmit them to others free of charge and without restriction, subject to GIH's obligations in GIH's Privacy Policy.

5.3.5 By using GIH's websites or other media, the Client agrees to GIH's collection and use of the information. If the Client has any further concerns about how GIH will use information that is provided to GIH, the Client should contact GIH via the "contact us" link on this website. To obtain further information in respect of the Client's rights regarding privacy, please refer to the Australian Governments pages for privacy.

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6. Terms Of Service

The following terms and conditions apply to all Clients, Resellers, Partners, Sub-Contractors, Suppliers, and any other person, company, partnership, trust, organisation, or any other entity that uses, provides, or contacts GIH regarding the Goods and/or Services of GIH. If any section/s of these terms and conditions is held to be invalid or unenforceable in whole or in part, by legislation or a court of law, the invalid or unenforceable section/s shall be deemed to be omitted and will not affect the rest of this or all other policy documents.

6.1 Notices

6.1.1 Except where expressly provided otherwise, any notice to be given by any party (GIH or the Client) to the other may be sent by either email, fax, post, or courier to the address of the other party as supplied in writing. If sent by email it shall, unless the contrary is proved, be deemed to be received on the day it was sent. If sent by fax it shall be deemed to be served on receipt of an error free transmission report. If sent by post or courier it shall be deemed to be served two (2) days following the date of posting. Failure to respond to any notice given by GIH to the Client, will be deemed acceptance of such notice. It is the Client's responsibility to ensure that GIH is informed of all relevant information in regards to the Client and the Client's account with GIH. GIH will not be liable for any consequences arising from any party not having received any or all notices.

For Email Correspondence: support@gih.com.au
For Written Correspondence: The Administrator
Get It Happening
PO Box 787,
Mt Ommaney,
QLD, Australia, 4074

6.1.2 The primary method for all GIH communications, including but not limited to: invoices, reminders, account notices and newsletters, is via email. GIH will not be held responsible for any consequences resulting from a Client’s email address being incorrect or not working for any reason. The Client agrees to receive all communications from GIH via email, and if the Client holds any services with GIH, agrees that they cannot opt out of receiving emails from GIH as this would affect the sending of invoices and other critical notifications.

6.2 Quotations And Deposits

6.2.1 GIH makes all quotations only via writing or email. All quotations are only valid for fourteen (14) days from the date as stated on the quotation. After this time the Client will need to obtain a new quotation for all Goods and/or Services.

6.2.2 A quotation is only considered accepted by the Client, if GIH is notified in writing, via letter or email and the deposit is paid and cleared in full. At GIH’s sole discretion, Goods and/or Services may be ordered, booked, provided, or otherwise organised without such notification or payment, however the Client agrees that they are liable for the entire Price of the Goods and/or Services from the time that the Goods and/or Services are ordered, booked, provided, or otherwise organised without exception. The deposit amount will be included on the Client's quotation, and an invoice for the deposit will be issued. Acceptance must occur within the fourteen (14) day quotation period or a new quotation will be required.

6.2.3 Acceptance of a quotation and/or payment of any invoice by the Client shall mean the Client warrants all the terms and conditions of such Goods and/or Services have been read in entirety and accepts the terms and conditions contained herein.

6.2.4 A quotation does not include costs for additional services, including but not limited to the purchase of stock images, custom programming, or any additional requests made by the Client after the initial quote had been accepted, unless otherwise specified.

6.2.5 The deposit amount on all GIH Goods and/or Services is at least thirty percent (30%) of the total Price of the Goods and/or Services, as determined at GIH's sole discretion, and is payable upon acceptance of a quote, within the bounds of the terms and conditions herein and before any Goods and/or Services are provided. Any and all deposit payments made are strictly non-refundable.

6.2.6 The Client is responsible for providing input, feedback and/or content as requested in a timely manner. Any and all content or information required to complete a project (including but not limited to: text, images, and files) provided to GIH is the Client’s sole responsibility. The Client must ensure that all content complies with applicable laws and codes of practice, including but not limited to the intellectual property and copyright ownership of all material provided to GIH.

6.2.7 Deposits on works are considered to be current for a period of ninety (90) days only. Any Client with works taking longer than ninety (90) days are required to make progressive payments, as determined at GIH’s sole discretion. Any Client with works quoted at over one thousand Australian dollars (AU$1000.00) may also apply to GIH to make progressive payments.

6.2.8 Progressive payment plans are approved at the sole discretion of GIH and are subject to the following terms and conditions and format:

  1. Plans are subject to a progressive payment fee of ten percent (10%) of the total Price of the Goods and/or Services. This fee is in addition to, and not inclusive of, any advance or deposit payments that may have been made or any other fees and/or charges as applicable under the terms and conditions herein. The fee will be calculated on the total Price as stated on the quotation, added to the total amount due, and incorporated into the payment plan amounts.
  2. Any and all deposit and/or progressive payments made are strictly non-refundable.
  3. Plans will be administered over seven (7) payments in the following format:
    1. The first payment will be a thirty percent (30%) deposit amount, and is payable before any Goods and/or Services are provided. Any and all deposit payments made are strictly non-refundable.
    2. The remaining seventy percent (70%) will be divided into six (6) equal parts and will constitute the remaining six (6) out of the total seven (7) payments. Any and all progress payments are strictly non-refundable.
    3. The Price of any additional Goods and/or Services ordered by the Client, while under any payment plan, will be added to the next scheduled payment and will not be divided into the remaining payments. The payment for any additional Goods and/or Services must be made before those Goods and /or Services will be provided. Any and all progress payments are strictly non-refundable.

6.2.9 If at any stage during a project GIH has not been contacted for a period of ninety (90) days or longer, GIH will consider the Client's deposit and any progressive payments as forfeited and a new quote, contract and deposit for the works will be required.

6.2.10 If at any time the Client wishes to cancel a contract with GIH for works that are incomplete, all deposits and progressive payments are strictly non-refundable and will be forfeited and any outstanding and/or remaining amounts to be paid for the project will become due immediately.

6.3 Contracts And Billing

6.3.1 The Client is required to make a copy of all documentation and keep the copy for the Client's future reference. GIH remains the rightful owner of all contractual agreements both written and electronic. As such GIH will, where applicable, use any means necessary to enforce contractual agreements that are not met fully by any Client.

6.4 Completed Works

6.4.1 At the time of completion of any project, the Client will be contacted by GIH and asked to examine all works undertaken. After the Client's approval the Client will be invoiced for the completed works. Full payment of any invoice rendered by GIH is due immediately and before any Goods and/or Services are provided to the Client. If Goods and/or Services are received by the Client for any reason without full payment being made, the ownership of such Goods and/or Services will remain with GIH until such time as the full payment is made and further non-payment Clauses may apply. The use of any Goods and/or Services without full payment being made is strictly prohibited. Any such use will make the invoice/s for the Goods and/or Services due immediately. GIH also reserves the right to take any non-payment actions as provide for in Clause 6.6.

6.4.2 After notification has been made to the Client that a project is complete, the Client will have seven (7) calendar days to assess, check and ensure that the project has been completed to the original specifications as per the accepted quotation. If no contact has been made within this time frame, the project will be deemed complete, any final payments will be due immediately, and any further adjustments or additions to the project will be charged at our standard rate.

6.4.3 After the project it deemed to be completed, the Client is responsible for the proactive monitoring of any third party software that was required to be used and/or modified to complete a web-based project, for available upgrades and/or patches that may be required to secure their software from hackers and malicious scripts, and to install these upgrades and/or patches. Some functions of a web project may cease to work correctly without these program updates. GIH can provide a service to complete any required updates and maintenance to a web project at our standard rate.

6.4.4. All projects will be completed to the standard and functionality levels as set out in the original quotation. GIH cannot be held responsible for errors or functionality loss if the project is used for purposed other than its original intended purpose.

6.4.5 Specifically relating to advertising and/or marketing Services including but not limited to: search engine optimisation, pay per click advertising and social media marketing, while GIH follows best practice to bring qualified traffic to a website, GIH does not guarantee that any advertising and/or marketing Services will increase traffic to the website, or that such traffic will increase business sales or enquiries during the provision of these Services or after the advertising and/or marketing project are deemed as being complete.

6.5 Payments And Recurring Payments

6.5.1 All manual transactions carried out by GIH, are through GIH's Australian Bank Account. Online transactions processed by GIH are handled by PayPal. Some transactions via the GIH website may be handled via GIH's affiliates and GIH will not be held responsible in any way for transactions carried out by third parties. All transactions are to be made in Australian Dollars even though they may be displayed in other currencies on the Client's statement. GIH is not responsible for any additional fees charged to the Client by the Client's credit card provider, bank, PayPal or any other payment method provider. Whilst GIH takes great care to ensure the Client's online security, using a credit card either manually or online carries risks which the Client must make themselves aware of. GIH will not be held responsible for any credit card activity be it legal or illegal. To review credit card risks, the Client should see the respective websites of the Client's credit card providers or banks.

6.5.2 GIH’s accepted payment methods are: credit card (online via Pay Pal), direct bank branch deposit, and electronic bank transfer from an Australian bank account. Business or bank cheque, or Australia Post money order will only be accepted by prior arrangement.

6.5.3 All invoices are due immediately and before any Goods and/or Services are provided to the Client.

6.5.4 A Client may apply to GIH at any time for an extension to the Client's current invoice payment time frame. The approval of any such application is at GIH's sole discretion and is subject to additional terms and conditions. The Client may contact GIH via the "contact us" link on this website at any time to request an extension and to obtain these terms and conditions.

6.5.5 If any account or invoice is to be paid by business or bank cheque, on GIH's approval only, the cheque will only be accepted under the following terms. The cheque must be:

i. From an Australian Bank in Australian Dollars Only
ii. Made payable to GET IT HAPPENING and marked NOT NEGOTIABLE.
iii. Posted to PO Box 787, Mt. Ommaney, QLD, Australia, 4074.
iv. Received at least seven (7) days prior to the agreed due date of the account or invoice, to allow clearance time by GIH's bank.

6.5.6 Any payments made by cheque will not be deemed approved until such time as the cheque payment has been processed by GIH's bank. If any of the above terms are not met, the cheque, at GIH's sole discretion, may not be accepted and if so will be destroyed and the Client will be notified.

6.5.7 If at any time cheques or other payment forms are dishonoured by the Client's bank or provider, any fees incurred by GIH will then be added to the Client's owing account balance. If the Client's account has been marked with a dishonoured fee more than once, the payment method that was dishonoured will no longer be an acceptable form of payment from the Client to GIH. Multiple payments that are dishonoured may result in the Client’s account being terminated.

6.5.8 One time charges for accounts on an annual payment plan will be charged at the commencement of service. Annually recurring charges will be invoiced at least thirty (30) days prior to contracted renewal date and will require payment in full before the contracted renewal date to remain fully active. Excess resource usage such as additional space and bandwidth used, will be invoiced monthly, when required, to facilitate payment for the additional usage or the Client can choose to upgrade the Client's Services once the over usage charges have been paid. All over-usage invoices are strictly payable immediately.

6.5.9 One time charges for accounts on a quarterly payment plan will be charged at the commencement of service. Quarterly recurring charges will be invoiced at least thirty (30) days prior to contracted renewal date and will require payment in full before the contracted renewal date to remain fully active. Excess resource usage such as additional space and bandwidth used, will be invoiced monthly, when required, to facilitate payment for the additional usage or the Client can choose to upgrade the Client's Services once the over usage charges have been paid. All over-usage invoices are strictly payable immediately.

6.5.10 One time charges for accounts on a monthly plan will be charged at the commencement of service. Monthly charges will occur at the beginning of each service cycle automatically. Clients approved to pay monthly will also be required to keep their account at least one (1) month in advance at all times. To facilitate this, the Client's first charge will include two (2) months of fees. Excess resource usage such as additional space and bandwidth used, will be automatically charged or the Client can choose to upgrade the Client's Services once the over usage charges have been paid. All over-usage invoices are strictly payable immediately.

6.5.11 Discounts, barter, reseller pricing and services-yet-to-be-billed/invoice holding agreements are offered solely at the discretion of GIH and may be offered verbally or in writing. They are therefore subject to the following terms and conditions:

i. Any such agreement is valid only while the Client's account remains current with any payments required under the agreement.
ii. GIH retains the right to rescind any offer and/or provision of said agreements at any time.
iii. Any overdue amounts, cancellation, suspension or termination of the Client's account automatically voids any such agreement.
iv. Any bartered Goods and/or Services that are not provided by the Client in the way specified in the agreement, will automatically void any such agreement.
v. If any such agreement is made void in any way, any or all of the following actions will be taken, at GIH's sole discretion:
1. All discounts will be removed from the account, and the full amount of the Price plus any applicable fees and charges will be payable immediately.
2. All Goods and/or Services that were to be paid for by barter (including any case where any part of the barter was initiated but not completed) will be suspended, held and/or retrieved as provided for in Clause 6.6, and payment of the full amount of the Price for the Goods and/or Services plus any applicable fees and charges will be payable immediately.
3. All Goods and/or Services supplied under reseller pricing will have the respective discount and/or other special considerations removed and payment of the full amount of the Price plus any applicable fees and charges will be payable immediately.
4. Any and all Goods and/or Services that have been provided but have not had invoices issued for any reason, under any such agreement, will be suspended, held and/or retrieved as provided for in Clause 6.6, and payment of the full amount of the Price for the Goods and/or Services plus any applicable fees and charges will be payable immediately.

6.6 Non-payment

6.6.1 Standard GIH invoices are subject to the following terms and conditions:

i. Any standard invoice for virtual or physical Goods and/or Services must be paid immediately and before any Goods and/or Services are provided to the Client. At GIH’s sole discretion, Goods and/or Services may be ordered, booked, provided, or otherwise organised without such payment, however the Client agrees that they are liable for the entire Price of the Goods and/or Services from the time that the Goods and/or Services are ordered, booked, provided, or otherwise organised without exception. If for any reason payment is not made within thirty (30) days of GIH’s invoice being rendered, then GIH reserves the right to withhold and/or suspend any and all Goods and/or Services until the account is paid in full.
ii. No further Goods and/or Services may be available until all accounts are paid in full, at GIH's sole discretion.
iii. If the Client's account is not paid within fourteen (14) days of GIH’s standard invoice being rendered, any or all Services that are supplied by GIH may expire including but not limited to domain names, SSL Certificates and payment gateways. If a Service expires whilst the account is overdue, GIH will not be held responsible for any loss and any consequences will remain the fault of the offending account holder.
iv. Failure to pay any amount due, in full, within sixty (60) days of GIH’s standard invoice being rendered will, at the sole discretion of GIH, result in GIH permanently withholding and/or repossessing any and all Goods and/or Services, and/or termination of any Services under any Client’s account that is outstanding.
v. Failure to pay any amount due, in full, within sixty (60) days of GIH’s standard invoice being rendered will result in the Client being liable for the cost of collection of any and all owed amounts. The Client's total amount owed will include any fees that GIH incurs whilst trying to collect such amounts and will include interest that shall be applied from the date GIH’s invoice is rendered and will compound calendar-monthly, until the date of full payment, at a rate of ten percent (10%) per calendar month, or any part thereof, after as well as before any judgement.

6.6.2 Automated GIH invoices are subject to the following terms and conditions:

i. Any automated invoice for virtual or physical Goods and/or Services must be paid before any Goods and/or Services are provided to the Client. If for any reason payment is not made within sixty (60) days of GIH’s invoice being rendered, then GIH reserves the right to withhold any and all Goods and/or Services until the account is paid in full and/or GIH’s billing system will automatically suspend any Services under any Client’s account that is outstanding.
ii. No further Goods and/or Services may be available until all accounts are paid in full, at GIH's sole discretion.
iii. If the Client's account is not paid within sixty (60) days of GIH’s automated invoice being rendered, any or all Services that are supplied by GIH may expire including but not limited to domain names, SSL Certificates and payment gateways. If a Service expires whilst the account is overdue, GIH will not be held responsible for any loss and any consequences will remain the fault of the offending account holder.
iv. Failure to pay any amount due, in full, within ninety (90) days of GIH’s automated invoice being rendered will result in GIH permanently withholding and/or repossessing any and all Goods and/or Services, and/or GIH’s billing system automatically terminating any Services under any Client’s account that is outstanding.
v. Failure to pay any amount due, in full, within ninety (90) days of GIH’s automated invoice being rendered will result in the Client being liable for the cost of collection of any and all owed amounts. The Client's total amount owed will include any fees that GIH incurs whilst trying to collect such amounts and will include interest that shall be applied from the date GIH’s invoice is rendered and will compound calendar-monthly, until the date of full payment, at a rate of ten percent (10%) per calendar month, or any part thereof, after as well as before any judgement.

6.6.3 All invoices are subject to the following terms and conditions:

i. If the Client defaults in payment of any invoice when due, the Client shall indemnify GIH from and against all GIH’s legal costs and disbursements for collection or attempted collection or the defaulted amount calculated on a solicitor and own Client basis.
ii. If the Client defaults in payment of any invoice when due, the Client warrants that either the natural person, or in the case of a business/company/organisation, the proprietor, owner, CEO, Director, Operations Manager or any other titles applicable to the most senior person in such a business/company/organisation, who ordered/accepted/used the invoiced Goods and/or Services, is, and will remain, liable for all amounts including but not limited to debt collection and other charges incurred, commonly called a Director's Guarantee. The Client also warrants that this personal liability (or Director's Guarantee) includes the right for GIH to list a default against the Client with Credit Reporting Agencies.
iii. If the Client does not comply with any of GIH’s terms of payment then GIH reserves the right to terminate any and all Services in the Client’s name and collect any and all Goods that the Client may hold.
iv. The lien of GIH shall continue despite the commencement of proceedings or judgement for the Price having being obtained, where GIH has not received or been tendered the whole of the Price and/or any of the applicable fees or charges associated with the debt, GIH shall have:
1. A lien on any and all of the Client's Goods and/or Services provided by GIH;
2. The right to retain them for the Price and any of the applicable fees or charges associated with the unpaid amounts, while these unpaid amounts remain outstanding.
v. Despite anything to the contrary contained herein or any other rights which GIH may have:
1. Where the Client is the owner of land, realty or any other asset capable of being charged, the Client agrees to mortgage and/or charge all of their joint and/or several interests in the said land, realty or any other asset to GIH or GIH’s nominee to secure all amounts and other monetary obligations payable under the terms and conditions. The Client acknowledges and agrees that GIH (or GIH’s nominee) shall be entitled to lodge a caveat, which shall be released once all payments and other monetary obligations payable under the terms and conditions have been met.
2. Should GIH elect to proceed in any manner in accordance with this Clause and/or its Sub-Clauses, the Client shall indemnify GIH from and against all GIH’s costs and disbursements including but not limited to legal costs.

6.7 Refunds

6.7.1 Refunds on any Goods and/or Services supplied by GIH are not given unless the product is faulty through no fault of the Client or GIH. Contracted Services that are supplied by GIH will not be refunded nor will any advance or deposit payments, unless required by law. At all times the Client must fulfil their contractual obligations and comply with the terms and conditions stated herein. For further clarification, including claim notification times, see Clause 3.

6.8 Service Cancellation And Transfer

6.8.1 GIH may cancel this contract at any time by giving written notice. GIH shall not be liable for any loss or damage whatsoever arising from such cancellation.

6.8.2 Subject to Clause 3, and Clause 6.7, GIH will not refund amounts paid for Goods and/or Services including but not limited to advance or deposit payments, under any circumstances.

6.8.3 The Client may cancel delivery of Goods and/or Services within five (5) working days of the date of ordering the Goods and/or Service subject to the Goods and/or Services being unopened/unused and subject to the payment of a cancellation fee of thirty percent (30%) of the total Price of the Goods and/or Services. This fee is in addition to, and not inclusive of, any advance or deposit payments that may have been made or charges for Services used or any other fees and/or charges as applicable under the terms and conditions herein.

6.8.4 Any opened Goods cannot be returned or cancelled unless they are deemed to be faulty, through no fault of the Client, or GIH, subject to Clause 3, and Clause 6.7.

6.8.5 GIH reserves the right to charge the Client for any Services that have been used prior to, including and after the notification date of cancellation.

6.8.6 If the Client is not under as specific contract, other than that which is provided for in the terms and conditions herein, the Client can choose to cancel GIH's Services at any time with ninety (90) days written notice. Any amounts accrued up to the cancellation date will be charged to the Client, and are subject to these terms and conditions. Any amounts paid for Goods and/or Services including but not limited to advance or deposit payments are strictly non-refundable.

6.8.7 If the Client is under a specific contract, the Client's contract period must be fulfilled or paid out in full. Any cancellation of a specific contract will incur a cancellation fee of thirty percent (30%) of the total amount of the entire contract. This cancellation fee does not include any outstanding amounts, and is in addition to the total cost of the contract.

6.8.8 The Client may transfer the Client's agreement with GIH only at GIH's sole discretion. The Client must make a written application stating the full details of the transferee including payment methods and details, and the reasons for the transfer. The Client may make this application at any time, not including the ninety (90) days immediately prior to their contract renewal or annual Goods and/or Services anniversary date. Applications made inside this time may automatically be denied.

6.8.9 GIH reserves the right to deny any application for transfer for any reason. If the Client's application for transfer is denied, the Client will continue to be liable for their account under the terms and conditions herein.

6.8.10 Any application that is approved, is on a conditional basis and will be subject to a non-refundable transfer fee of five hundred Australian dollars (AU$500.00) payable by the transferee. The approval is also conditional on the results of credit and other checks made on the transferee, which will only be processed after payment of the Transfer Fee.

6.8.11 If the Client's application completes the approval process, the Client's rights and responsibilities contained in these terms and conditions will immediately cease and the transferee shall be liable, or where more than one transferee has entered into this agreement, the transferees shall be jointly and severally liable, for the account and must abide by all terms and conditions in this and all other policy documents.

6.9 Service Suspension And Termination

6.9.1 GIH reserves the right to suspend or terminate any Service, delivery of Goods or account at any time without prior notice.

6.9.2 If an account is suspended for violation of any terms and conditions, the Client will be notified of the suspension details, actions the Client will need to take to enable account reactivation and a date these actions must be completed by. The Client will also be sent an invoice for the reactivation fee of one hundred Australian dollars (AU$100.00) which must be paid in full immediately and prior to the date the account is eligible for reactivation.

6.9.3 If an account is terminated for violation of any terms and conditions, the Client will be notified of the termination details, and actions the Client will need to take. The Client will also be sent an invoice for the termination fee of thirty percent (30%) of the total Price of the Goods and/or Services. This termination fee is in addition to, and not inclusive of, any advance or deposit payments that may have been made, any outstanding invoiced amounts, or charges for Goods and/or Services used or any other fees and/or charges as applicable under the terms and conditions herein.

6.9.4 If an account is suspended due to non-payment, the Client must pay the reactivation fee of one hundred Australian dollars (AU$100.00) in addition to any invoiced amount outstanding (within sixty (60) days of GIH’s standard invoice being rendered, and/or within ninety (90) days of GIH’s automated invoice being rendered) and these amounts must be paid in full immediately and prior to the date the account is eligible for reactivation.

6.9.5 If an account is terminated due to non-payment, the Client must pay the termination fee of thirty percent (30%) of the total Price of the Goods and/or Services in addition to any invoiced amount outstanding and these amounts must be paid in full immediately. This termination fee is in addition to, and not inclusive of, any advance or deposit payments that may have been made or charges for Goods and/or Services used or any other fees and/or charges as applicable under the terms and conditions herein.

6.9.6 At the time of termination, the Client's account will be deleted and all data stored, either electronically on a GIH server or physically stored by GIH will be irretrievable. At the time of termination the ownership of all physical property either ordered or already supplied will remain with or return to GIH. Any physical property in the Client's possession at the time of termination must be delivered to GIH's specified location in complete, working and saleable condition within seven (7) days of account termination. Failure to do so may result in legal prosecution, and any property that is not in this condition when received by GIH will incur additional charges for repair and/or replacement.

6.10 Refusal Of Service

6.10.1 GIH reserves the right to refuse, suspend, or terminate the Services of any Client at GIH's sole discretion but not prohibited by law. GIH may at GIH's discretion refuse, suspend, or terminate Service of any Client that is found to be in violation of the terms laid out in this and all other policy documents, or the Services of any Client that is engaging in improper or illegal behaviour towards GIH. Examples of such behaviour include, but are not limited to;

  1. Any form of abuse such as: cursing, yelling, threatening, using any and all forms of written yelling, intentionally disruptive behaviour, etc.
  2. Destroying the good name of GIH, GIH employees, partners, resellers, affiliates, sub-contractors, etc.
  3. Ongoing disregard for warnings or notices.
  4. Consistent mistakes/errors/changes causing unnecessary workload.
  5. Spamming GIH email addresses, ticket systems, or servers.
  6. Involvement in flood/DDOS activity, hacked services, or other ongoing non-permitted usage.
  7. Consistent late payments or responses.
  8. Issuing a charge back or bouncing a payment.
  9. Continuous activation of problematic end-users.
  10. Activity which affects the Service/s of other GIH Clientele.
  11. Any other behaviours at GIH's sole discretion.
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7. Web Hosting Specific Terms And Conditions & Acceptable Use Policy

7.1 Disclaimer And Liability

7.1.1 The Client acknowledges and agrees that the use of GIH’s Web Hosting Services is on a lease/rental basis, where the Client's relevant charges are billed or pre-billed for usage of those Services, and at no time does the Client or any third party own the space, bandwidth or the server itself.

7.1.2 While GIH makes every possible effort to offer the Client the highest level of service, GIH will not be held liable for loss, damage, costs or expenses of any kind suffered or incurred by anyone, arising out of the use, installation, improper use or inability to use these Services.

7.1.3 Under no circumstance is GIH liable for any damages, including consequential damages.

7.1.4 GIH makes no warranties of any kind, expressed or implied for Services GIH provides. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any or all Service interruptions.

7.1.5 If the agreement expires, is suspended or terminated, or not renewed for any reason, GIH is not liable to the Client for compensation, reimbursement or damages on account of the loss of prospective profits, anticipated sales, goodwill or on account of expenditures, investments, leases or commitments in connection with the Client's business, or for any other reason whatsoever flowing from the expiration. If the Client cancels this agreement, GIH will not relieve the Client of any obligations to pay fees and costs accrued before the cancellation date or any other amounts owed to GIH under this agreement.

7.1.6 Material accessible to the Client through GIH's Services may be subject to protection under the Australian, and other copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, the Client must not use GIH or its servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which the Client accesses or receives through the GIH network.

7.1.7 GIH reserves the right to refuse Service to anyone. Clients may only use GIH servers for lawful purpose. Regardless of the place of signing this agreement, the Client agrees that for purposes of venue and jurisdiction this contract was entered into and performed in Queensland, Australia and any dispute will be litigated or arbitrated in Queensland, Australia.

7.1.8 The Client further waives all objections to venue or jurisdiction and acknowledges that venue and jurisdiction in any such litigation will be held in the Queensland Courts.

7.1.9 In no event shall GIH's maximum liability exceed either the charges paid by that Client in respect of the Goods and/or Services, or the amount shown in Clause 3.8, whichever is the lesser amount.

7.1.10 The Client agrees to indemnify, defend, and hold harmless GIH from any and all liability, penalties, losses, damages, costs, expenses, attorneys' fees, causes of action or claims caused by or resulting indirectly from the Client's use of the Services which damages either the Client, GIH, or any other party or parties without limitation or exception. This indemnification and hold harmless agreement extends to all issues associated with the Client's account, including but not limited to domain name selection and website content.

7.1.11 GIH will not be responsible for any damages the Client's business may suffer as the direct or indirect consequence of using GIH's Services. This includes loss of data, outages, Service disruption of any kind caused by GIH staff, employees, contractors, etc.

7.1.12 GIH reserves all rights to revise these documents at anytime.

7.1.13 By having placed, placing and continuing to maintain or place information on GIH's servers the Client states and acknowledges that the Client has read the aforementioned terms and conditions and that the Client understands such terms and conditions and agrees to be bound by them. The Client also accepts and understands that any violation of these and/or any other policy documents is grounds for GIH to terminate the Client's Service without providing any remedy or refund.

7.1.14 The Client warrants, undertakes and agrees that:

i. The Client will only use and allow use of the Client's assigned website and server space for lawful purposes and that the information contained within the Client's 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 which are enforceable at any time.
ii. The Client agrees to and will comply with all terms and conditions of third party Goods and/or Services that are installed on, used with or are otherwise able to access GIH servers, whether provided by GIH or not, including but not limited to: SSL Certificates, PayPal gateways, shopping carts, or other open source software.
iii. Any transactions within the Client's website which are contracts for the sale of Goods and/or Services will be between the Client as the merchant and the Client's end-user/customer only and the Client agrees to include an exclusion of GIH's liability in respect of such purchases and transactions.
iv. The Client will keep secure any identification, password and other confidential information relating to the Client's account and the Client will notify us immediately of any known or suspected unauthorised use of the Client's account, or any breach of security, including loss, theft or unauthorised disclosure of the Client's said information. Despite such notification, the Client will be liable for any and all uses of the Client's account and website, any fraudulent or improper use of the Client's password or any other access to any of the facilities GIH offer which is not authorised use or access.
v. The Client will conform to the standards set out herein by GIH and will ensure that none of the Client's end users make excessive or wasteful use of the server to GIH's detriment or to the detriment of GIH's other Clients.

7.2 Email Server Security

7.2.1 For increased mail security, the program Spamassasin is provided and is updated regularly.

7.2.2 If a virus or malware is found in or attached to an email, GIH reserves the right for the anti-virus software to automatically delete the email. Therefore no notification can or will be provided to either the sender or recipient.

7.2.3 The email server or proxy server may automatically block emails with attachment types that are listed below. These attachment types have been universally deemed as potentially dangerous and therefore any emails containing these files will be deleted. This list is for convenience only and GIH makes no warranty or guarantee as to the completeness or accuracy of the information in this list.

i. ade - Microsoft Access project extension.
ii. adp - Microsoft Access project.
iii. bas - Basic program source code.
iv. bat - Batch file.
v. chm - Compiled HTML help file.
vi. cmd - Windows NT command script file.
vii. com - Command file program.
viii. cpl - Control panel extension
ix. crt - Certificate file.
x. eml - Electronic mail file.
xi. exe - Binary executable program.
xii. hlp - Help file.
xiii. hta - HTML program.
xiv. inf - Setup information.
xv. ins - Internet naming Service.
xvi. isp - Internet communication settings.
xvii. js - JavaScript file.
xviii. jse - JavaScript encoded file.
xix. ksh - Unix shell file.
xx. lnk - Link file.
xxi. mda - Microsoft Access add-in program.
xxii. mdb - Microsoft Access program.
xxiii. mde - Microsoft Access MDE database.
xxiv. mdt - Microsoft Access file.
xxv. mdw - Microsoft Access file.
xxvi. mdz - Microsoft Access wizard program.
xxvii. msc - Microsoft Common Console document.
xxviii. msi - Microsoft windows installer package.
xxix. msp - Windows Installer patch.
xxx. mst - Visual Test source files.
xxxi. pcd - Photo CD image or Microsoft Visual Test compiled script.
xxxii. pif - Shortcut to MS-DOS program.
xxxiii. prf -"Microsoft Outlook Profile Settings.
xxxiv. reg - Registry files.
xxxv. scf - Windows Explorer Command file.
xxxvi. scr - Screen saver.
xxxvii. sct - Windows(R) script component.
xxxviii. shb - Document shortcut.
xxxix. shs - Shell scrap object.
xl. url - Internet address.
xli. vb - Visual Basic file.
xlii. vbe - Visual Basic encoded script file.
xliii. vbs - Visual Basic file.
xliv. vsd - Drawing file.
xlv. vss - Smartshapes file.
xlvi. vst - Targa bitmap.
xlvii. vsw - Workspace file.
xlviii. wsc - Windows script component.
xlix. wsf - Windows script file.
l. wsh - Windows script host settings file.

7.3 Service Availability

7.3.1 GIH specifically excludes any warranty as to the accuracy or quality of information received by any person via the servers and in no event will GIH be liable for any loss or damage to any data stored on the server.

7.3.2 The Client is responsible for maintaining insurance cover in respect of any loss or damage to data stored on the server.

7.3.3 While GIH shall use every reasonable endeavour to ensure the integrity and security of the server, GIH does not guarantee that the server will be free from unauthorised users or hackers. GIH does not warrant whatsoever that the server’s virus protection will stop any viruses from reaching the Client's server area or computer network. GIH makes no warranty that the Services will be error free or free from interruption or failure, and GIH expressly disclaims any express or implied warranty regarding system and/or Service availability, accessibility, or performance.

7.4 Uploaded Content

7.4.1 Any and all content (including but not limited to: text, images, and files) uploaded to GIH servers by the Client or by GIH on behalf of the Client is the Client’s sole responsibility. The Client must ensure that all content complies with applicable laws and codes of practice, including but not limited to the intellectual property and copyright ownership of all material uploaded or provided to GIH to upload on the Client’s behalf.

7.4.2 Examples of content that is unacceptable and/or prohibited on any GIH server include, but are not limited to:

i. Copyrighted media without authority to distribute or display.
ii. Misleading, deceptive or fraudulent business advertising or marketing practices.
iii. Unlicensed applications, cracking programs or key generators.
iv. Child pornography, kidnapping, or other illegal and/or exploitative material.
v. Software or programs that enables a minor to access material inappropriate for a minor, or that enables the contacting or attempted contacting of a minor (not including family members).
vi. Fraudulent activity, phishing, chain letters, forgery, impersonation.
vii. Software or programs that enable, provide or promote pyramid schemes, or unlawful gambling or gaming activities.
viii. Terrorist propaganda, racist or other deemed offensive material, or bomb/weapon instructions.
ix. Any viruses, spyware, malware, or other infectious material.
x. Material protected by trade secret or other statute.
xi. IRC and associated programs (including psybnc, "bots", etc.).
xii. Scripts commonly used for abuse, attacks, or flooding.
xiii. Threatening, harassing, or obscene content.
xiv. Anything that could result in damage to property or injury to any person.
xv. Pornography and sex-related merchandising on any GIH server.
xvi. Links to unacceptable content, as defined above.

7.4.3 GIH may, at GIH's sole discretion, permit adult/nude content deemed "art" or "educational", as determined on a case-by-case basis, upon written application by the Client. Viewing/downloading of such information/data by GIH Clients is not governed by GIH policy, and is at the Client's and end-user's own discretion/free-will. This however may be governed by the Client's state/federal government and it is the Client's responsibility to adhere to these regulations.

7.5 Hosted Content

7.5.1 The Client acknowledges that any and all content (including but not limited to: software, applications, and files) that is provided and maintained as part of GIH’s servers, is not owned by GIH. By ordering any server-related Services from GIH, the Client acknowledges that GIH is granting the Client a non-exclusive, non-transferable right to access and use the hosted content. Both the ordering, and continued use, of any server-related Services is subject to GIH’s policies in their entirety, the relevant content owners’ terms and conditions, and other applicable laws and legislation relating to internet broadcasting and use, and the Client agrees that they will comply with them.

7.5.2 GIH does not represent, warrant, or guarantee that the hosted content will be uninterrupted, continuous, or error-free or that defects, errors, or bugs will be corrected by the content owners. GIH makes no representations, warranty, or guarantee as to the reliability of the hosted content, or the ability to access the hosted content, or retrieve data from the hosted content.

7.6 Online Activity

7.6.1 Any attempts to undermine or cause harm to the equipment, network or operations utilised by GIH and/or GIH's Clients is strictly prohibited. GIH will pursue legal action to the fullest extent of the law for such abuse. Any activity deemed damaging or abusive, whether unlawful or considered to be detrimental to the operations of GIH, is prohibited. This includes, but is not limited to:

i. Denial of Service Attacks (DOS/DDOS).
ii. Unnecessary Port Scans.
iii. Mail Bombing.
iv. Unsolicited Advertising via IM, Forums, Newsgroups, Email, etc.
v. Flooding.
vi. Accessing data not intended for the Client.
vii. Logging into a server or account the Client is not expressly authorised to access.
viii. Password cracking.
ix. Probing the security of other networks in search of weakness.
x. Violation of any other organisation's security policy.

7.7 Bulk Email

7.7.1 GIH understands that bulk email can be an important mechanism for keeping people informed. However, spamming (unsolicited advertising), from the GIH network, or spamvertising (unsolicited advertising of sites hosted on the GIH network) is strictly prohibited. The Client is responsible for sending mail in accordance with any relevant legislation, including but not limited to the Commonwealth Spam Act (2003) and for sending mail in a secure manner. In the event of deliberate transmission of unsolicited email, GIH reserves the right to terminate the Client's account without prior notification.

7.7.2 Legitimate bulk email meets the following criteria:

i. The recipient has confirmed his/her willingness to be added to the distribution list of the mailing, by responding to a verification email, or, otherwise, verifiably confirming permission. Evidence of such confirmation must be retained and available by request.
ii. Emails must always include: valid headers, removal instructions, and information on the method by which the subscribed address was obtained.
iii. A limit of two thousand (2000) emails per Client account per day must be adhered to.

7.7.3 All bulk email senders must post privacy policies, in association with the sending domains. Co-registration is not prohibited, but explanations of the sharing of information must be both publicly available and included in the confirmation mechanism for list subscription.

7.7.4 If GIH approaches a Client for evidence of confirmation, this request must be honoured within twenty-four (24) hours. Failure to meet the acceptable criteria for bulk mail may lead to immediate termination. Additionally, if such actions have caused mail servers or IP address ranges on the GIH network to be blacklisted, GIH reserves the right to charge a fee of five thousand Australian dollars (AU$5000.00) to the Client's account. This fee is set to cover all administrative and other costs associated with removal from such lists, and is payable immediately.

7.8 Unauthorised Usage

7.8.1 In any case involving unauthorised parties utilising a GIH Service for abuse/violations, the Client will be responsible for stopping all affected applications, until the source of the problem is found and corrected. GIH may, and GIH's sole discretion, opt to suspend all Services until the Client can perform such an investigation. If the technical support of GIH is required for the investigation, the Client agrees to compensate GIH at our standard rate for such Services performed.

7.8.2 The Client is expected to monitor their system/s and/or Service/s. Resource usage should be maintained within the level outlined in the Service contract and/or Goods and/or Services invoice. Abuse caused by end-users or unauthorised parties may increase resource usage and it should be noted that over-usage fees will apply to the Client's account.

7.9 Resource Usage

7.9.1 GIH will be the sole arbitrator as to what constitutes a violation of resource usage limitations.

7.9.2 Over-usage fees will apply to any Service utilising more than its assigned storage allocation. Over-usage charges will be calculated per Megabyte (MB) based on the overall amount of Megabytes (MB) used above and beyond the account allowance.

7.9.3 Over-usage fees will apply to any Service utilising more than its assigned bandwidth allocation. Over-usage charges will be calculated per Megabyte (MB) based on overall amount of Megabytes (Mb) used above and beyond the account allowance.

7.9.4 The Client is responsible for all usage, and any corresponding over-usages fees and/or charges that result from a Service under the Client's account. If the Client's over-usage is present for more than three (3) months inside one (1) calendar year, GIH will require that the Client increase the Client's package size. GIH may require a deposit should a Client utilise/require large amounts of storage or bandwidth beyond their allocation.

7.10 Electronic Commerce

7.10.1 The Client is solely responsible for the development, operation and maintenance of the Client's online store and products, and all contents and materials appearing online, including but not limited to:

i. The accuracy and appropriateness of contents and materials appearing within the store or related to the Client's products.
ii. Ensuring that the contents and materials appearing within the store or related to the Client's products do not violate or infringe upon the rights of any third party.
iii. Ensuring that the content and materials appearing within the store or related to the Client's products are not libellous or otherwise illegal.

7.10.2 The Client is solely responsible for the final calculation and application of shipping and sales tax.

7.10.3 The Client is solely responsible for accepting, processing, and filling any end-customer orders, and for handling any end-customer inquiries or complaints arising there from.

7.10.4 The Client is also solely responsible for the security of any end-customer credit card numbers and related end-customer information that the Client may access as a result of conducting electronic commerce transactions through the Client's website.

7.10.5 The Client will keep all such information confidential and will abide by all relevant Privacy and Trading laws and regulations.

7.11 Static/Dynamic Content Caching

7.11.1 The Client expressly:

i. Grants to GIH a license to cache the entirety of the Client's website, including but not limited to content supplied by third parties, hosted by GIH under this agreement.
ii. Agrees that such caching is not an infringement of any of the Client's intellectual property rights or any third party's intellectual property rights.

7.12 IP Address Ownership

7.12.1 GIH shall maintain and control ownership of all IP numbers and addresses that may be assigned to the Client by GIH and GIH reserves, in GIH's sole discretion, the right to change or remove any and all such IP numbers and addresses.

7.13 Policy Violations

7.13.1 GIH may, at any time, audit systems for any data/activity showing potential policy violations. It is extremely important to ensure that the email address on record with the GIH Customer Service Department is valid. This is the address used for all notifications including abuse warnings. With exception to the most serious of cases, GIH may make an attempt to contact the Client, via email, when the first sign of a possible violation is noted. These alerts are a courtesy only. Responses to such alerts are however required within twenty-four (24) hours of the notice. Failure to do so may lead to account suspension. Repeated failure to do so may result in account termination.

7.13.2 GIH expressly requests that if the Client believes that there is a violation of GIH's terms of Service, the Client should direct the information to GIH via the "contact us" link on this website. If possible, please provide the IP address used to commit the violation, date and time of the violation, evidence of the violation and as much other detail as possible.

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8. Domain Name Specific Terms And Conditions

8.1 For Clause 8, the terms "Domain", "Domain Name", "it", etc shall mean both the singular and plural forms of the word, being used to describe one domain name or many domain names. The term “Registrar” shall mean an organisation or commercial entity, accredited by a generic top-level domain registry (gTLD) and/or by a country code top-level domain registry (ccTLD), to manage the reservation of Domain Names in accordance with the guidelines of the designated domain name registries. The term “Registrant” shall mean any person, company, partnership, trust, organisation, or any other entity that is eligible to register a Domain Name.

8.2 When a Domain Name order or transfer is organised through GIH, all requested information must be provided, and the Domain Name must comply with GIH’s policies in their entirety, and the relevant Registrar’s and naming authority’s terms and conditions.

8.3 Registering And Maintaining A Domain Name

8.3.1 GIH does not warrant or guarantee that the Domain Name applied for will be registered in the Client's name or is capable of being registered by the Client. Accordingly, the Client should take no action in respect of the Client's requested Domain Name until the Client has been notified that the Client's requested Domain Name has been registered.

8.3.2 If an application is deemed fraudulent through a fraud detection and prevention mechanism during or after the Domain registration process, GIH may require the registering party to supply photo identification or supporting business documentation to verify their identity.

8.3.3 The Client acknowledges and agrees that the registration of a Domain Name through GIH is for the Client and is on a leased/rented basis and at no time does the Client or any third party own the Domain Name. Both the registration of the Domain Name and its ongoing use are subject to the relevant Registrar’s and naming authority's terms and conditions of use and the Client is responsible for ensuring that the Client is aware of those terms and conditions, and can and does comply with them. The Domain Name Registrar is listed in the WHOIS record for each Domain and can be found by using GIH’s Domain Search function (http://www.gih.com.au/portal/domainchecker.php), and clicking on the WHOIS link next to the relevant Domain Name.

8.3.4 The Client irrevocably waives any claims the Client may have against GIH in respect of the decision of a naming authority to refuse to register a Domain Name or cancel a Domain Name and, without limitation agrees that the administration charge paid by the Client to GIH shall be non-refundable in any event.

8.3.5 GIH accepts no responsibility in respect of the use of a Domain Name by the Client and any dispute between the Client and any other individual or organisation regarding a Domain Name must be resolved between the parties concerned and GIH will take no part in any such dispute. GIH reserves the right, on GIH's becoming aware of such a dispute, at GIH's 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.

8.4 Renewing A Domain Name

8.4.1 The Client acknowledges that GIH is not obliged to renew any Domain if full payment for the renewal amount is not received and cleared before the renewal date. In such cases and in any circumstances GIH is not liable for any loss or damage resulting from non-renewal of any Domain Name.

8.4.2 The Client acknowledges that the primary form of invoice and account reminder communication and provision is via email. GIH will not be held responsible for the non-renewal of any Domain Name if the Client’s email address is not correct or not working for any reason.

8.4.3 If the Client cancels other services or their entire account with GIH and does not transfer their Domain Name to another provider, the Client agrees that GIH may continue issuing invoices and reminder notices in respect to any Domain Name under GIH management.

8.5 This list is a small number of naming authorities, and as such is not a comprehensive list, is for convenience only and GIH makes no warranties or guarantees that the information here is relevant or correct. It is required that the Client read the policies of all authorities that apply to the Client's Domain Names even if not listed here:

Top Level Domains - http://www.icann.org

.biz Business http://www.neustar.biz
.com Commercial http://www.verisign-grs.com
.info Unrestricted Use http://www.afilias.info
.mobi Mobile Products and Services http://www.umac.mo
.name Individuals http://www.verisign-grs.com
.net Network http://www.verisign-grs.com
.org Organisation (Non-Profit) http://www.pir.org

Note: All top level Domains are available for worldwide usage subject to their individual terms and conditions. This is NOT a complete list of the Domains available, or their authorities. Please use the Contact page on our website (http://www.gih.com.au/support/index.php) to enquire about any Domain suffix that is not listed here.

Second Level Domains

.au Australia http://www.auda.org.au
.me Montenegro http://www.domain.me
.nz New Zealand http://www.internetnz.net.nz
.tv Tuvalu http://www.verisign-grs.com
.uk United Kingdom http://www.nominet.org.uk

Note: All second level Domains are subject to their individual terms and conditions.
This is NOT a complete list of the Domains available, or their authorities. Please use the Contact page on our website (http://www.gih.com.au/support/index.php) to enquire about any Domain suffix that is not listed here.

A Full List Of Relevant Authorities Can Be Found At:
http://www.iana.org/domains/root/db/

8.6 Specific Registrant Agreement For .au domains.

8.6.1 The Registrar and the Registrant do not have any proprietary right arising from:
i. the registered Domain Name; or
ii. the entry of a Domain Name in the Registry Database.

8.6.2 All personal information pertaining to the Registrant is held by auDA for the benefit of the Australian public.

8.6.3. The Registrant grants consent to use Registrant information to:
i. auDA, and the right to publicly disclose to third parties, all information relating to the registered Domain Names in accordance with the Published Policies which are available on auDA's website http://www.auda.org.au;
ii. the Registrar, and the right to disclose to the Registry Operator, all information which are reasonably required by the Registry Operator in order to register the Domain Name in the Registry;
iii. the Registry Operator, and the right to publicly disclose to third parties, all information relating to the registered Domain Name to enable the Registry Operator to maintain a public WHOIS service, provided that such disclosure is consistent with the National Privacy Principles; and auDA's Published Policies; and
iv. GIH, and the right to disclose any information in accordance with GIH’s policy documents.

8.6.4 The Registrar must ensure that the Registrant can easily transfer registered Domain Names to another Registrar in accordance with the Published Policies. The Published Policies include, but are not limited to, such matters as:
i. the maximum fees chargeable by the Registrar;
ii. when fees are not chargeable by the Registrar;
iii. the conditions pursuant to which the Registrar must transfer; and
iv. the conditions pursuant to which the Registrar does not have to transfer.

8.6.5 In the event that the Registrar is no longer a Registrar; the Registrar's auDA Accreditation is suspended or terminated; or the Registrar Agreement is terminated by auDA, the Registrant is responsible for transferring the registered Domain Name to a new Registrar in accordance with the Published Policies within thirty (30) days of written notice being provided to the Registrant by auDA.

8.6.6 In the event that the Registrar Agreement between auDA and the Registrar is terminated, the Registrar must not charge the Registrant any fee for the transfer of the registered Domain Name to another registrar.

8.6.7 The Registrar must immediately give written notice to the Registrant if:
i. the Registrar is no longer a registrar; or
ii. the Registrar's auDA Accreditation is suspended or terminated; or
iii. the Registrar Agreement is terminated by auDA.

8.6.8 auDA may post notice of:
i. the fact that the Registrar is no longer a registrar;
ii. the suspension or termination of a Registrar's auDA Accreditation; or
iii. the termination of the Registrar Agreement between auDA and the Registrar on its web site and may, if it considers appropriate, give such notice to the Registrant.

8.6.9 Throughout the Term of the Registrant Agreement, the Registrant must:
i. comply with the Published Policies;
ii. give notice to the Registry Operator, through GIH, of any change to any information in the Registrant Data.
The Registrant must not, directly or indirectly, through registration or use of its Domain Name or otherwise:
i. register a Domain Name for the purpose of selling it;
ii. register a Domain Name for the purpose of diverting trade from another business or web site;
iii. deliberately register misspellings of another entity's company or brand name in order to trade on the reputation of another entity's goodwill; and
iv. register a Domain Name and then passively hold a Domain Name Licence for the purpose of preventing another registrant from registering it.
The Registrant must not in any way:
i. transfer or purport to transfer a proprietary right in any domain name registration;
ii. grant or purport to grant a registered domain name as security; or
iii. encumber or purport to encumber a domain name registration.

8.6.10 auDA currently has in place a dispute resolution policy called auDRP (the .au Dispute Resolution Policy) which applies in the event of disputes between a registrar and a registrant, or between a registrant and a third party, in relation to entitlements to domain names in .au. The auDRP binds the Registrar and the Registrant as if it were incorporated in the Registrant Agreement. The Registrant acknowledges that auDA may develop and implement other dispute resolution policies which are accessible by the Registrant as an alternative and further to any complaints handling procedure prescribed by the Registrar. Such policies bind the Registrar and the Registrant as if they were incorporated in the Registrant Agreement.

8.6.11 The registrant makes, and is taken to have made, the following warranties, when applying to register or renewal the registration of a domain name:
i. all information provided to register or renew the registration of the domain name (including all supporting documents, if any) are true, complete and correct, and are not misleading in any way, and the application is made in good faith;
ii. the registrant meets, and will continue to meet, the eligibility criteria prescribed in auDA’s published policies for the domain name for the duration of the domain name licence;
iii. the registrant has not previously submitted an application to apply for the same domain name with another registrar using the same eligibility criteria, and the other registrar has rejected the application;
iv. the registrant is aware that even if the domain name is accepted for registration, the registrant’s entitlement to register the domain name may be challenged by others who claim to have an entitlement to the domain name;
v. the registrant is aware that auDA or the registrar can cancel the registration of the domain name (that is, the domain name licence) if any of the warranties set out above is found to be untrue, incomplete, incorrect or misleading.

8.6.12 The Registrant must not pursue any claim against auDA, and auDA is not liable for any direct, indirect, special, punitive, exemplary or consequential damages, including but not limited to damages resulting from loss of use, lost profits, lost business revenue or third party damages arising from any breach by the Registrar of its obligations under the Registrant Agreement or the Registrar Agreement between auDA and the Registrar.

8.6.13 The Registrant acknowledges and agrees that if the Registrar has any outstanding fees owing to auDA, entitling auDA to terminate the Registrar Agreement between auDA and the Registrar, auDA may in its sole discretion terminate the Registrar Agreement.

8.6.14 The Registrant agrees that auDA is not responsible for the use of any Domain Name in the Registry database and that auDA is not responsible in any way for any conflict or dispute with or any actual or threatened claim against a Registrar or Registrant, including one relating to a registered or unregistered trademark, a corporate, business or other trade-name, rights relating to a name or other identifying indicium or of an individual or other intellectual property rights of a third party or relating to the defamation or unlawful discrimination with respect to any other person. Notwithstanding any other provision of this document and to the fullest extent permitted by law, auDA will not be liable to the Registrant for consequential, indirect or special losses or damages of any kind (including, without limitation, loss of profit, loss or corruption of data, business interruption or indirect costs) suffered by the Registrant as a result of any act or omission whatsoever of auDA, its employees, agents or sub-contractors. Nothing in this document is intended to exclude the operation of Trade Practices Act 1974.

8.6.15 No refunds of any kind will be provided for .au Domain registrations that are cancelled at any time for any reason.

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9. Simplicity Plus Specific Terms And Conditions

9.1 The Client acknowledges and agrees that the use of GIH’s Content Management System known as "Simplicity Plus" or "S+" is supplied on an individual lease/rental basis where GIH customises the integral parts and optional components of S+ to suit the Client's needs. At no time does the Client or any other party, purchase ownership of the Simplicity Plus system. Ownership and copyright remains and always will remain the property of GIH. The Client's fees are for usage of the required system and optional components only and all programmatic features of the S+ system are not transferable.

9.2 S+ is only available through GIH and can, for security reasons, only be hosted on GIH servers. As the workings of S+ interact with the server, occasionally server program updates etc, can cause errors in the configurations of some components of the S+ program. Updates to re-configure these components are usually completed within twenty-four (24) hours of GIH being made aware of the problem and are free of additional charges, however GIH does not guarantee that any updates can or will be completed in a particular time frame, or that the updates will fix any problems occurring.

9.3 If the Client wishes to cancel the Services of GIH, the Client is entitled to copy the Client's content only and this should be completed within the term of the Client's written notice. If the Client's contract is under suspension, or the Client simply wishes GIH to gather the Client's content for the Client, the Client must contact GIH and request a copy of the Client's website content. Content gathering will be charged at GIH's standard rate, plus an administration fee of one hundred Australian dollars (AU$100.00). If the Client's account has already been terminated and the Client wants a copy of their website to be sent to them, GIH cannot guarantee that the information from the Client's website will be retrievable, and any attempt to retrieve the Client's data will incur additional fees, payable before any attempt at retrieval is made.

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10. Reseller Specific Terms And Conditions

10.1 If the Client is or becomes a reseller of GIH's Goods and/or Services, the Client must ensure that the Client continues to comply with all of GIH’s terms and conditions at all times by making the Client's end-customers bound to no less comprehensive and protective terms and conditions than GIH's. The Client agrees that in the Client's capacity as reseller of GIH's Goods and/or Services, the Client will not incur any liability on GIH's part or in any way pledge or purport to pledge GIH's credit or purport to make any contract binding on GIH. GIH does not accept the liability or default of the Client's own end-customers as affecting or limiting the Client's obligations under this agreement and GIH requires that the Client ensures the Client's end-customers sign a form of this agreement. Refer to Clause 3 for full disclaimer and liability terms.

10.2 As a reseller of GIH's Goods and/or Services, the Client is responsible for ensuring that any promotional, advertising or other material the Client distributes to the Client's end-customers whether in paper form or electronically:

i. Does not contain any misrepresentation relating to GIH, the nature of the Client's relationship with GIH or any of its affiliates.
ii. Is in accordance with all applicable advertising standards.
iii. Does not contravene any law of the relevant jurisdiction.
iv. Is appropriate in all the circumstances
v. That the Client otherwise complies with all laws and regulations governing the exercise of the Client's right as reseller under this agreement.
vi. That GIH retains the right to require the Client to cease distribution of any advertising, promotional and/or other material which in GIH's view is unacceptable.

10.3 As a reseller of GIH‘s Goods and/or Services, the Client is responsible for providing technical support to their end users. If an end user contacts GIH for support directly, they will be directed to make contact with the Client. If the Client then wishes for GIH to provide support directly to the end user, GIH may do so, at GIH’s sole discretion, at our standard rate, to be invoiced to the Client.

10.4 If an end user contacts the Client with the request to change, transfer, or cancel some or all of their Goods and/or Services, it is the Client’s responsibility to contact GIH and update their account accordingly within five (5) days of the end user’s request being made. If the Client does not update their account accordingly, Goods and/or Services may have been ordered, booked, provided or otherwise organised, and/or automated invoices for those Goods and/or Services could be created, and would therefore be payable by the Client.

10.5 If an end user contacts GIH with the request to remove their Goods and/or Services from under the management of the Client, and place them directly with GIH, GIH may, at GIH’s sole discretion, choose to honour this request. In such cases, the reseller Client will be notified by GIH of this action as a courtesy only. If an end user does place their Goods and/or Services under GIH’s direct management, then they will become a GIH Client, and be fully bound by all GIH policy documents, and liable for all their Goods and/or Services and making payments of the Price for those Goods and/or Services, to GIH.

10.6 GIH will not intentionally make contact with any resellers’ end users. If any contact does occur for any reason, GIH will encourage the end user to contact the reseller, and also inform the reseller of the contact, where possible.

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11. Revision

11.1 GIH reserves the right to revise GIH's policies at any time without notice. All Clients old and new, must abide by the latest version of all of GIH's policies which are maintained at GIH's website http//gih.com.au/legal.php and/or can be provided in PDF format at the Client's request.

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