Name Definition
The expression ‘the Company’ refers to Analysis Net.
Variation
The Company may update these Terms and Conditions at any time.
Invoice General
Any order received by the Company is deemed to be an order incorporating these Terms and Conditions and no variation or cancellation shall be binding on the Company unless agreed to by the Company in writing.
Invoice Payment
Non payment of fees enables the Company to suspend, terminate and/or delete the website tools provided by the company and any information held in the database or on the web server.
Administration Control System
Clients are responsible for all changes and additions made by themselves or their agents.
The Company is not responsible for changes that are not made by the Company.
User Name and Password
The Client is entirely responsible for the security of all their Logon, User Name and Password details.
Hosting Services
Clients are bound by the terms and conditions set out by any third party hosting comapnies that they are subscribed to.
There are no backup facilities activated for email processed or stored on mail servers including the WebMail control system(s).
The Company is not responsible for changes that are not made by the Company.
- Over Usage Bandwidth Notification
Clients will be sent an email advising when their Bandwidth Usage exceeds the plan monthly limit. This enables the Company to suspend the account immediately, without further notice, until extra Bandwidth is paid for or an alternative plan activated.
- Over Usage Diskspace Notification
Clients will be sent an email advising when their Diskspace allocation exceeds the plan limit. This enables the Company to suspend the account immediately, without further notice, until extra Diskspace is paid for or an alternative plan activated.
- Lawful Compliance
The Client will use the Services offered by the Company in a manner consistent with all applicable Local, State, Territory, Federal and International laws, treaties and regulations.
Service Continuity, Disclaimer and Warranties
The Company does not represent or warrant that the Client will receive continual and uninterrupted Services and the Company shall not have any liability whatsoever in contract, tort or otherwise to any party in respect of any loss or damage whatsoever arising out of the provision of the Service, any inaccuracy or error or omission from any part of the Service or a Client's inability to use the Service and information contained therein. In the event that this Agreement constitutes a supply of services to a consumer as defined in the Trade Practices Act 1974 or relevant Federal, State, Territory or International legislation, nothing contained in this Agreement excludes, restricts or modifies any condition, warranty or other obligation where to do so would be unlawful.
Prices
All prices are subject to change at anytime.
Indemnity
The Client agrees to defend, indemnify and hold the Company harmless from and against any and all claims, losses, liabilities and expenses (including legal fees) related to or arising out of the Services provided by the Company to the Client, including without limitation claims made by third parties (including customers of the Client) related to any false advertising claims, liability claims for products or services sold by the Client, claims for patent, copyright or trademark infringement, claims due to disruption or malfunction of services provided hereunder, or for any content published by the Client using the Services.
Waiver
Any party’s failure to insist on compliance or enforcement of any provision of these Terms and Conditions shall not affect its validity or enforceability or constitute a waiver of future enforcement of that provision or of any other provision herein.
Service Refusal
The Company retains the absolute and unfettered discretion to approve or refuse the provision of the Services used by the Client.
Support
The Company supplies ongoing technical support for Web applications provided by Analysis Net. The Company shall be the sole arbiter as to what constitutes a support issue. Support is not available if any web services or features have not been purchased and therefore remain unlicensed. Abuse of support services (verbally or in writing) enables the Company to suspend or terminate the Client’s account immediately and the Company will be the sole arbiter of what constitutes abuse of support services.
Severability
Should any part of these Terms and Conditions be or become invalid, that part shall be severed from these Terms and Conditions and such invalidity shall not affect the validity of the remaining provisions.
Domain Name Responsibility
If Clients choose to register a Domain Name(s) via the Company, Clients acknowledge and agree that Clients will pay a registration fee(s) to register the Domain Name(s) with the applicable Domain Name Registrar. The Company does not offer refunds for Domain Name registrations for any reason, including misspelling of the Domain Name, Domain Names that are lost through non-payment of renewal fees or for any other reason. It is solely the Client's responsibility.
Agreement
The Client agrees that these Terms and Conditions constitute the full and complete understanding between the Company and the Client of the obligations and responsibilities of both parties to the other.
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