General Terms & Conditions

Definitions

Definition Description
Us/we/our Net Solutions Pty Ltd.
You/Your/the client/the customer The entity or individual requesting our services
Client Area The Net Solutions Client and Billing system https://clients.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. The terms of your Contract

1.1 These General Terms & Conditions apply to the provision of services by Net Solutions Pty Ltd (ABN 94 077 106 944) to you as a user and customer of our services

1.2 Your Contract with us for each Service is made up of:

  1. These General Terms & Conditions;
  2. Any relevant Service Terms;
  3. Our Acceptable Use Policy; and
  4. Our Privacy Policy.

1.3 The documents listed above supersede all prior arrangements (whether written or oral) in relation to their subject matter.

1.4 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:

  1. the change will benefit you or have a neutral impact on you, we may make the change effective immediately and without advance notice;
  2. 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;
  3. for all other changes, we will give you at least 30 days' notice.

2. Supply of Services

2.1 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.

2.2 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.

2.3 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.

2.4 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).

3. Provision of Secure Access to Net Solutions Systems

3.1 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).

3.2 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.

3.3 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.

4. Your Obligations

4.1 You must provide us with such co-operation and support as we may reasonably request to perform the Services, including by:

  1. Responding promptly to our communications in relation to the Services; and
  2. Providing accurate and prompt responses to our requests for any information or documentation reasonably required by us to perform the Services.

4.2 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.

4.3 You indemnify us from and against any and all liabilities incurred by us in connection with our:

  1. Use or reliance upon any images or trading names, or any data, information, specifications, documentation, computer software or other materials provided by you; or
  2. Compliance with any directions or instructions by you in relation to the provision of the Services.

4.4 Except to the extent that Net Solutions expressly agrees to do so as part of a Service, you must conduct backups of any of your data (whether hosted on Net Solutions's computer systems or provided to Net Solutions in connection with the performance of the Services) at such intervals as are reasonable having regard to the nature of the data.

5. Fees and Payment

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. All invoicing is issued electronically via email to the primary contact of the account. Additional billing contacts may be setup in the Client Area.

5.1 We accept PayPal, Visa, Mastercard and Direct Bank Deposits. PayPal and Credit Cards get processed immediately, in real time. Direct Bank Deposits get processed daily, Monday - Friday.

5.2 Invoices for Service(s) are typically issued 14 days. All invoices must be paid by the due date. Upon payment a receipt and tax invoice will be issued.

5.3 Invoice Reminders for Service(s) will be sent 1, 5 and 9 days after the due date.

5.4 Service(s) with unpaid invoices that overdue by 10 days will be automatically suspended. Once your service is suspended you won't have the ability to use it. A full payment for all outstanding invoices is required before the service(s) can be un-suspended.

5.5 Service(s) with unpaid invoices that are overdue by 14 days will be automatically terminated. Once a service has been terminated all associated data pertaining to that service is unrecoverable. If you fail to pay the fees as specified herein, Net Solutions may terminate your account and pursue the collection costs incurred by Net Solutions. Including without limitation, any arbitration and legal fees and reasonable attorney's fees. Net Solutions will not activate new orders or activate new packages for customers who have an outstanding balance on their account.

5.6 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.

5.7 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.

6. Refunds

6.1 Refunds for Domain Name Registrations or SSL Certificate are not refundable.

6.2 Services which are billed monthly, quarterly, bi-annually and annually are not refundable. If your service is terminated or cancelled part way through a payment period it is not refundable.

7. Termination

7.1 Either party may terminate services of their contract in writing/email to the other party if:

  1. the other party commits a material breach which cannot be remedied, of its obligations under the Contract;
  2. 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
  3. an insolvency event occurs with respect to the other party.

7.2 If we cancel a service for a reason, we shall also be entitled to immediately cease any of our other services to you.

7.3 If you request to cancel any or all of your services, you must do so via the Client Area or by submitting a request to [email protected] from the authorised email address for your account. We do not accept cancellation requests verbally, over the phone, or from non authorised email addresses.

  1. 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.
  2. A “Cancellation Type” of “End of Billing Cycle” will result in your service(s) being cancelled at the end of the service term.
  3. A “Cancellation Type” of “Immediate” will result in your service being cancelled instantly or within 24 hours.
  4. An “Immediate” “Cancellation Type” is assumed if you do not specify the “Cancellation Type”

Submitting a cancellation request via the Client Area will generate an automated email to the email address specified on the account as proof of cancellation that will be accepted by us.

7.4 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.

7.5 Where the Contract does not state expressly that the Services are to be provided for a minimum fixed period or, following the expiry of such a period if specified and where renewal of a further fixed period has not occurred, either party may terminate the Contract on 30 days' written notice to the other.

6.5 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 protected] 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. Recovering any client data after an account is terminated is not possible

8. Warranties

8.1 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.

8.2 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.

8.3 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.

8.4 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.

8.5 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:

  1. 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;
  2. 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.

9. Liability

9.1 Nothing in the Contract excludes or limits either party's liability under or in respect of:

  1. Any indemnity;
  2. Any fraud or other criminal act;
  3. Personal injury or death caused by the negligence, breach of contract or other wrongful act or omission of that party; or
  4. Any other liability that cannot be excluded by law.

9.2 To the maximum extent permitted by applicable law, neither party is liable for:

  1. 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);
  2. 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
  3. 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.

9.3 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.

10. Support and Service Requests

All Requests for service and support are managed electronically with the use of trouble tickets system. Phone support is only available to assist in raising a service request or trouble ticket. Phone support is not available to trouble shoot and diagnose or assist with fault finding. All Support is provided electronically via Email provided by a designated Support Department.

10.1. Support Departments

Net Solutions Support

This department is used by our general support team and pertains to all initial support queries. All support provided by this department is complementary and is the main department to be used for general support for our products. Internally we may escalate or move tickets from this department to another.

Net Solutions Sales

This department is used by our sales team and pertains to all sales queries.

Net Solutions Billing

This department is used by our billing team and pertains to all billing queries.

10.2. Paid Support Departments

The following support departments provide billable service and support and are not complementary. Your initial support request must be submitted to the Net Solutions Support department and Net Solutions will move the ticket to the appropriate department. The client then can communicate with the appropriate department electronically or via email.

Net Solutions Engineering

This department is used by our engineering and software development team. All requests in this departments are billable at $120/hour plus GST

Net Solutions Content

This department is used by content and editorial team. All requests in this departments are billable at $100/hour plus GST

Net Solutions Consulting

This department is used by our advice and consulting team. All requests in this departments are billable at $140/hour plus GST

  1. All work is billed in 30min increments, or there part of.
  2. Any requests for work to be performed during Extended Hours will be billed at 150% of the applicable rate.
  3. Any requests for work to be performed during After Hours will be billed at 200% of the applicable rate.

10.3. Ticket Statuses

Ticket statuses show you the status and workflow of your request.

  • Open - Initial state of a ticket. Ticket is set to this state when it has been received by Net Solutions and is waiting for a staff member or representative to respond.
  • Answered - a Net Solutions staff member or representative has replied to an exiting ticket.
  • Customer-Reply - a client replies to an exiting ticket,
  • In Progress - a Net Solutions staff member or representative is working on a resolution or solution the ticket,
  • Closed - the ticket has been closed,

10.4. General Support Rules

  1. Always preserve the subject line with email from our support departments. Changing the subject line will raise a new service requests.
  2. Tickets waiting in the Answered state for more than 5 business days without a response will be closed automatically.

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