Our General Terms and Conditions are an agreement between Net Solutions Pty Ltd ("Net Solutions" or "us" or "our") and you ("User" or "you" or "your"). This Agreement sets forth the general terms and conditions of your use of the products and services made available by Net Solutions and of the Net Solutions website (collectively, the "Services"). By using the Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorised to use or access the Services.
We may change the terms of your Contract by giving you notice of the change and posting new versions of any online terms on this page. If you continue to use the Service after that notice period, you will be taken to have agreed to the change. The period of notice depends on the nature of the change. If:
- the change will benefit you or have a neutral impact on you, we may make the change effective immediately and without advance notice.
- the change is required to comply with any law or requirement of any regulatory body (including ICANN, auDA or any other domain name regulatory body), we will provide a reasonable period of notice not exceeding 3 days.
- for all other changes, we will give you at least 30 days' notice.
Additional Policies and Agreements
Use of the Services is also governed by the following policies, which are incorporated by reference. By using the Services, you also agree to the terms of the following policies.
- Acceptable Use Policy
- Services Terms and Conditions. In addition to these General Terms and Conditions there may be additional terms that also apply to each Service and are incorporated by reference herein as applicable. For example, if you register a domain name with us, then the Domain Registration Agreement will also apply to you and would be incorporated herein.
- Knowledge Base
|Us/we/our||Net Solutions Pty Ltd.|
|You/the client/the customer||The entity or individual requesting our services|
|Client Area||The Net Solutions Client and Billing system https://my.netsolutions.net.au|
|Service Request||Requesting support via the Client Area.|
|SOW||Statement of Work.|
|Business Hours||09:00-17:00 Mon to Fri AEST excluding Victorian and National Public Holidays in Australia|
|Extended Hours||17:00-22:00 Mon to Fri AEST excluding Victorian and National Public Holidays in Australia|
|After Hours||Anytime outside Business Hours or Extended Hours|
1. Supply of Services
1.1 Our Obligations
We shall use reasonable endeavours to supply the Services in accordance with your Contract until the Service is terminated in accordance with the Contract. We shall not be liable for any delay or failure to perform our obligations under this Contract if such delay or failure is due to termination of access to a Service by the end supplier of the Service or as a result of a change to the conditions of supply by that supplier.
1.2 Contract Period
Monthly contracts will roll on a monthly basis without notice to you. Fixed contract period Services (other than a month-to-month contract) will automatically roll over for a further fixed contract period on the date notified to you by our reminder notice.
1.3 Auto Renewal
If your fixed contract period Service is to be auto-renewed, we will notify you of, and provide you the ability to cancel the impending auto-renewal. You must advise us prior to the auto-renewal date if you wish to cancel the Service. If we do not receive your cancellation or "do not renew" advice in time, we will auto-renew the Service to ensure it continues uninterrupted. Your Service will be renewed for the same duration at the then current applicable charges published on our website.
1.4 Intellectual Property Rights
Nothing in the Contract transfers to either party any intellectual property rights ("IPR") owned by the other party existing prior to the commencement of the Services. All IPR in the materials produced by us in connection with the Services (including websites, designs, information, reports and data) other than your pre-existing IPR, are and will remain owned by us. We grant you a perpetual, irrevocable, non-exclusive, royalty-free licence to use those materials for your internal business purposes (but not to disclose them to third parties unless otherwise agreed in writing).
2. Provision of Secure Access to Net Solutions Systems
2.1 Login Details
You must keep all login details secure and confidential at all times and must not disclose them to anyone else (except those of your employees who need to know them for the purposes of their employment).
You agree that you are totally responsible for all actions of the people (if any) to whom you provide your login details (whether knowingly or not, and whether directly or indirectly) while they obtain access to our systems using those login details, and that we are entitled to treat instructions provided by those people through such access as instructions originating from you.
2.2 Unauthorised Use
You must notify us immediately of any breach of security or unauthorised use of your login details to access our systems. We will not be liable for any loss you incur due to any unauthorised use of your login details.
3. Your Obligations
You must provide us with such co-operation and support as we may reasonably request to perform the Services, including by:
- Responding promptly to our communications in relation to the Services; and
- Providing accurate and prompt responses to our requests for any information or documentation reasonably required by us to perform the Services.
3.1 Intellectual Property
You are solely responsible for obtaining any and all necessary intellectual property rights clearances and/or other consents and authorisations, including without limitation, clearances and/or consents in respect of your proposed domain name, any materials given by you to us, any content that you upload to your Service, and merchant services agreements between you and the relevant financial institutions.
You indemnify us from and against any and all liabilities incurred by us in connection with our:
- Use or reliance upon any images or trading names, or any data, information, specifications, documentation, computer software or other materials provided by you; or
- Compliance with any directions or instructions by you in relation to the provision of the Services.
4. Fees and Payment
4.1 Payment Options
You must pay us the Services fees as described and by the due date specified in any invoice sent to you or as required at the time of purchase. We accept Paypal, Visa Mastercard, American Express, Discover, Direct Bank Deposits and Cheques.
- Direct Bank Deposits get processed daily Mon-Fri and invoices paid by cheque will only get marked as paid only when the funds have been cleared by our Bank
- Cheques get processed every Friday on a weekly basis and Invoices paid by cheque will only get marked as paid when the funds have been cleared by our Bank
4.2 Late Payment
All invoices must be paid by the due date. Any invoice that is outstanding for more than ten (10) days will result in the suspension or termination of the associated services. Access to the accounts services will not be restored until payment has been received. If you fail to pay the fees as specified herein, Net Solutions may suspend or terminate your account and pursue the collection costs incurred by Net Solutions, including without limitation, any arbitration and legal fees, and reasonable attorneys' fees. Net Solutions will not activate new orders or activate new packages for customers who have an outstanding balance on their account.
4.3 Non Payment
Any invoice that is outstanding for more than twenty (20) days will result in non payment and processed for termination. For privacy reasons, all data will be destroyed for the services in question during the termination process.
If we have taken action to recover overdue amounts from you, any reasonable costs incurred by us in recovering the debt, including but not limited to any legal expenses and collection agency charges, will be recoverable from you.
Monthly, quarterly or bi-annual fees are not refundable if your Service is terminated part way through a payment period. Refunds for Domain Name Registrations or SSL Certificate are not refundable.
4.5 Early Termination Fee
Unless the Service Terms provide differently, if you terminate a fixed period contract (annual or longer) before the end of its term, you will be charged an early termination charge equal to 6 months' fees or the fees for the rest of the contract term, whichever is the lesser (Early Termination Fee). If you have prepaid fees for the fixed period contract and there is greater than 6 months remaining, on request, you will be refunded the balance of the prepaid fees minus the Early Termination Fee.
4.6 Depositing Funds
Some customers nominate to transact with us by depositing funds into a prepaid credit account, which can then be used to pay for transactions within their account. In the event that there is an unused prepaid balance, the funds cannot be held indefinitely. Prepaid credit deposits will be forfeited if there is no activity on the account for a continuous 12 month period.
5. Termination of Services and Accounts
Either party may terminate this Contract immediately by notice in writing to the other party if:
- the other party commits a material breach which cannot be remedied, of its obligations under the Contract;
- the other party commits a remediable material breach of its obligations under the Contract but fails to remedy that breach within 14 days of being required to do so in writing by the first party; or
- an insolvency event occurs with respect to the other party.
5.1 Termination of Service due to Non Payment
It is the customers’ responsibility to maintain their account with Net Solutions in good standing by promptly paying invoices for services performed in good faith. Net Solutions reserves the right to terminate any service from customers with delinquent accounts with a 5 day notice.
If we terminate a Service due to Non Payment, we shall also be entitled to immediately cease any of our other Services to you.
5.2 Termination and Cancellation at clients request
If you wish to terminate your services, you must do so via the Client Area or by submitting a request to firstname.lastname@example.org from the authorised email address for your account. We do not accept cancellation requests verbally, over the phone, or from non authorised email addresses.
To submit the cancellation request, login to The Client Area select menu 'Services' then click on 'My Service' tab. Select the 'Active' button for the service you wish to cancel and Request Cancellation from the Actions sub menu. Select your “Cancellation Type”. This may either be “Immediate” or “End of Billing Cycle
An “Immediate” cancellation request will result in your service being terminated within 24 hours, while an “End of Billing Cycle” request will result in your service being terminated on your due date.
5.3 Clients Data
Once a service has been terminated, all data pertaining to that service is automatically destroyed from our servers and systems for privacy reasons. Recovering any service data after a service is terminated is not possible.
5.4 Termination of Account
Accounts can be cancelled at the clients request or by Net Solutions. If a client has no active services with Net Solutions we reserve the right close and cancel the account.
The client can request for their account to be closed by submitting a service request to email@example.com from their authorised email address, or via the Client portal. We do not accept cancellation requests verbally, over the phone, or from non authorised email addresses.
Once an account is closed, all services pertaining to that account will be terminated
If you are not the customer, you warrant that you have the power and authority to enter into this Contract on behalf of the customer and will indemnify us for any breach of the Contract by the customer.
6.2 Service Disruptions
We do not warrant that the Services will be uninterrupted, timely, secure or error free, or that they will be free from hackers, virus, denial of service attack or other persons having unauthorised access to our services or those of our suppliers.
You agree that we may be required to perform maintenance in respect of our systems to ensure their satisfactory operation which may affect the availability or functioning of the Services. We will use reasonable endeavours to provide you with advance notice of any maintenance downtime, except when circumstances beyond our reasonable control prevent us from doing so.
6.4 Common Law
All terms and warranties which might otherwise be implied by any legislation, the common law, equity, trade, custom or usage or otherwise in to the Contract, are expressly excluded to the maximum extent permitted by law.
If any goods or services supplied pursuant to this agreement are supplied to you as a 'consumer' of goods or services within the meaning of that term in the Australian Consumer Law as amended or relevant state legislation ("the Acts"), you will have the benefit of certain non-excludable rights and remedies in respect of the products or services and nothing in these terms and conditions excludes or restricts or modifies any condition, warranty, right or remedy which is so conferred by the Acts. However, if the goods or services are not ordinarily acquired for personal, domestic or household use or consumption, we limit our liability to:
- in relation to goods - the replacement of the goods or the supply of equivalent goods or payment of the cost of replacing the goods or acquiring equivalent goods; or, the repair of the goods or payment of the cost of having the goods repaired;
- in relation to services - the supplying of the services again; or the payment of the cost of having the services supplied again as in each case we may elect.
Nothing in the Contract excludes or limits either party's liability under or in respect of:
- Any indemnity;
- Any fraud or other criminal act;
- Personal injury or death caused by the negligence, breach of contract or other wrongful act or omission of that party; or
- Any other liability that cannot be excluded by law.
To the maximum extent permitted by applicable law, neither party is liable for:
- any indirect, special or consequential loss or damage, any loss of profit, revenue or business opportunities, loss of or damage to data or loss of goodwill arising out of or in connection with the Contract (whether or not the loss or damage may reasonably be supposed to have been in the contemplation of the parties as at the date the Contract was formed as a probable result of any act or omission);
- any loss or damage to the extent such loss or damage is caused or contributed to by the other party's negligence, breach of contract or other wrongful acts or omissions; or
- any claim made 6 months or more after the circumstances giving rise to the claim first became known by the claimant or could, with reasonable diligence, have become known by the claimant.
Each party's aggregate liability for any loss or damage in connection with the provision of the Service, which is not excluded or limited under this clause 6 is limited to the charges paid by you in respect of the services for the preceding 12 months to any such claim.
8. Rate Card
In cases where there is no product or service package all requests will be deemed as ad-hoc. Ad-hoc services also includes service or support requests that are targeted to address your immediate needs and billable on a time and materials basis. Please refer to the rate card below for the billable rates.
|Consulting, Advice, Copywriting and Organic SEO||$140/hour|
|Website & Software Development, Website & Software Support||$120/hour|
|Content Editing and Publishing, Hosting Support, Configuration and Administration||$100/hour|
- All Rates specified exclude GST
- All requests for work to be performed during Business Hours. by default
- Any requests for work to be performed during Extended Hours will be billed at 150% of the applicable rate.
- Any requests for work to be performed during After Hours will be billed at 200% of the applicable rate.
- All work is billed in 30min increments.