Site Terms and Conditions
1.1 In this document 'we' and 'our' means Kissnet Pty. Ltd. and 'you' and 'your' means the customer.
1.2 This agreement outlines the Terms and Conditions (TAC) that apply to any service or services you have signed up for with Kissnet Pty Ltd.
1.3 The package you purchased is as specified on the website and/or is listed in the Schedule of Prices (SOP).
1.4 By accepting the conditions you also agree to comply with our Acceptable Use Policy.
2.0 Acceptance of these terms and conditions
2.1 You accepted the TAC and AUP when we accepted your order for our Services.
3.0 Commencement of the Agreement
3.1 This agreement commenced on the date we accepted your order for Services.
4.0 Service Availability
4.1 In these TAC 'Service' or 'Services' primarily refers to our provision of a website and associated packages as described on our website.
4.2 We will use our best endeavours to provide continuing availability of the Service but we cannot be liable for service interruptions or down time of the server.
4.3 We will attempt to perform all requested website upgrades/updates within a 72 hour timeframe. If we cannot provide this service within this timeframe we will advise you primarily by email.
5.0 Registering a Domain Name
5.1 In respect of domain names, we advise you that we are authorised resellers for the registrars, Crazy Domains Pty Ltd.
5.2 We do not warrant or guarantee that the domain name applied for will be registered in your name or is capable of being registered by you. Accordingly, you should take no action in respect of your requested domain name(s) until you have been notified that your requested domain name has been registered.
5.3 Both the registration of the domain name and its ongoing use are subject to the relevant naming authority's terms and conditions of use and you are responsible for ensuring that you are aware of those terms and conditions and that you comply with them. You irrevocably waive any claims you may have against us in respect of the decision of a naming authority to refuse to register a domain name and, without limitation, agree that the administration charge paid by you to us shall be non-refundable in any event.
5.4 We accept no responsibility in respect of the use of a domain name by you. Any dispute between you and any other individual or organization regarding a domain name must be resolved between the parties concerned and we will take no part in any such dispute. We reserve the right, on our becoming aware of such a dispute, at our 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.
6.0 Renewal of Domain Name registration
6.1 You expressly authorise and direct us, if we can do so, to be nominated as the authorised billing and technical contact for your domain name with the domain name registrar. If you give us the authority we can also renew your domain name registration upon receipt of renewal notification from the domain name registrar and invoice you for the relevant charge in accordance with our price from time to time.
6.2 You acknowledge that we are not obliged to renew your domain name if you do not confirm to us that the domain name should be renewed. In such circumstances we not liable for any loss or damage resulting from non-renewal of your domain name. We may not renew your domain name where you have unpaid invoices or if you are in breach of any terms of your use of our services
6.3 You acknowledge that our primary method of communication for domain renewal purposes is via email. We will not be held responsible for the non-renewal of your domain name if your email contact details are not kept up to date.
6.4 If you close your account with us but do not remove us as the reseller of your domain name with the domain name registrar, you agree that we may contact you after account closure to remind you of domain name renewals.
7.0 Warranties, Liabilities and Undertakings
7.1 You agree to indemnify and keep indemnified and hold us harmless from and against any claim brought against us by a third party resulting from the provision of Services by us to you and your use of the Server, and in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities, whatsoever suffered and howsoever incurred by us in consequence of your breach or non-observance of these terms.
7.2 You warrant that you will keep secure any passwords used with the Service and that you hold and will continue to hold the copyright in your data or that you are licensed and will continue to be licensed to use that data.
7.3 You further warrant that at the time of entering into this agreement you are not relying on any representation made by us which has not been stated expressly in this agreement, or on any descriptions or specifications contained in any other document, including any catalogues or publicity material which we have produced.
7.4 You undertake that you will conduct such tests and computer virus scanning as may be necessary to ensure that data uploaded provided by you onto or downloaded by you from the server does not contain any computer virus and will not in any way, corrupt the data or systems of any person.
7.5 You also agree that you are solely responsible for dealing with persons who access your data and that you will not refer complaints or inquiries in relation to such data to us.
7.6 You indemnify us against all claims arising out of your registration and use and renewal of registration of your chosen domain name, unless and to the extent that the claim arises out of our breach of this agreement, or our negligent act or omission
8.0 Kissnet's Warranties and Liabilities
8.1 We accept liability for the supply of the Services to the extent provided in this agreement.
8.2 We do not warrant that: # the services provided under this agreement will be uninterrupted or error free; # the services will meet your requirements, other than as expressly set out in this agreement; or # the services will be free from external intruders (hackers), virus or worm attack, denial of service attack, or # other persons having unauthorised access to the services or systems of Kissnet.
8.3 Except as expressly provided to the contrary in this agreement, we exclude all liability for indirect and consequential loss or damage of any kind, loss or corruption of data, loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind, in contract, tort (including negligence), under any statute or otherwise arising from or relating in any way to this agreement and/or its subject matter.
8.4 We make or give no express or implied warranties including, without limitation, the warranties of merchantability or fitness for a particular purpose, or arising from a course of dealing, usage or trade practice, with respect to any goods or services provided under or incidental to this agreement. No oral or written information or advice given by us, our resellers, agents, representatives or employees shall create a warranty or in any way increase the scope of the express warranties hereby given, and you may not rely on any such information or advice.
8.5 Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the services will be limited to the charges paid by you in respect of the services which are the subject of any such claim and provided that you notify us of any such claim within one year of it arising.
8.6 In no event will we be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.
8.7 In the event that this agreement constitutes a supply of goods or services to a consumer as defined in the Trade Practices Act 1974 (Cth) nothing contained in this agreement excludes, restricts or modifies any condition, warranty or other obligation in relation to this agreement, 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 you pursuant to the Act, our sole liability for breach of any such condition, warranty or other obligation, including any consequential loss which you may sustain or incur, shall be limited (except as otherwise specified in this agreement) to: 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; or # the supplying of the Services again; or # the payment of the cost of having the Services supplied again.
8.8 We specifically exclude any warranty as to the accuracy or quality of information received by any person via your server and in no event will we be liable for any loss or damage to any data stored on the Server. You are responsible for maintaining insurance cover in respect of any loss or damage to your data stored on the Server.
9.0 Suspension and Termination of the Service
9.1 We may suspend or terminate your account if you breach any of these Terms and Conditions, or if you become insolvent or you are declared bankrupt.
9.2 From time to time we may have to suspend or disconnect the service without notice or deny your access to the Service during any technical failure, modification or maintenance involved in the Service. We will use reasonable endeavours to procure the resumption of the services as soon as reasonably practicable. In these circumstances you will remain liable for all charges due throughout the period of suspension.
9.3 If your account has been suspended or terminated due to your breach, reactivation of your account will be completely at our discretion. If we agree to reactivate your account, we will require payment in full of all outstanding amounts and payment of a reactivation fee.
9.4 If you wish to terminate your account with us for any reason you may do so by giving us 30 days notice in writing. If we wish to terminate your Service for reasons other than a breach of these conditions, we can do so by giving you 30 days written notice. Any pre-paid services will not be refunded on cancellation of your Service.
9.5 If your account is closed for whatever reason you must pay all outstanding charges immediately.
9.6 We are under no obligation to provide you with a copy of your data if we have suspended or terminated your access to the service for your breach. If we provide you with a copy of your data in such circumstances, we are entitled to charge a fee for service.
10.0 Fees, Charges and Payments
10.1 All charges payable by you to us for the Services will be in accordance with the relevant scale of charges and rates published from time to time by us on our website and/or as listed in our SOP and will be due and payable within seven (7) days of receipt of our invoice. The price of any package we provide you will remain fixed for the period covered by the payment; that is, monthly, quarterly, bi-annual or annual. After that time you will be billed at the rates current on our website at the time the Service is renewed.
10.2 If you exceed our seven (7) days terms, you may be charged an $25.00 late payment fee.
10.3 Prices published on our web site are inclusive of any government taxes, GST or charges unless otherwise noted.
10.4 The provision of services is contingent upon our having received payment in full from you in respect of the Services we provide. Without prejudice to our other rights and remedies under this agreement, if any sum payable is not paid on or before the due date, we reserve the right, at our discretion, to suspend the provision of Services to you.
10.5 If you fail to make payment within the terms of this agreement, you will become liable for the cost of collection. This will include interest on any overdue amount, calculated at the daily rate of 10% per annum, from the due date of the payment.
10.6 If you have chosen a yearly contract for your Service, your account will not be automatically rolled over for a further yearly contract at the end of the term. You will be notified by email no more than 28 days before the anniversary of the contract and be provided with an invoice for the amount owing for the next contract period.
10.7 If you fail to pay your account before the anniversary of the end of your contract period it will be assumed you do not wish to resume and all Services will be withdrawn without further notice. This includes and is not restricted to # Termination of email facilities # Removal of website and all files.
10.8 If after seven days after the last date of your contract period you wish to reinstate the services there will be a $75 fee to re-install all services as they previously were. Reinstallation fees is in addition to renewal of the standard service and must be paid along with any and all service fees owing before re-installation will take place.
10.9 No refunds will be given for unused portions of payments in advance (including payment of yearly contracts).
11.0 Archiving and backup your data
11.1 We will archive your data on a regular basis for the purposes of disaster recovery. In the event of equipment failure or data corruption, we will restore from the last known good archive. We will not be liable for incomplete, out-of-date, corrupt or otherwise deficient data recovered from our backups.
12.0 The use of Spam and Virus Filters
12.1 You agree that we can use spam and virus filters and that this may require us to use third party equipment or services to monitor and filter email traffic between our equipment and the Internet. You agree that we will not be liable for any loss or damage resulting from the use of spam or virus filters.
13.0 Ownership of Server Equipment
13.1 Unless otherwise agreed, you obtain no rights to the hardware and other infrastructure and facilities used by us to deliver the Service.
14.1 If any clause of these terms and conditions is held to be invalid or unenforceable in whole or in part, the invalid or unenforceable wording shall be deemed to be omitted.
15.0 Changes to Terms
15.1 These terms are subject to change without notice. Details of our current terms will always be available on our website.
16.0 Entire Agreement
16.1 These terms and conditions constitute the entire agreement between Kissnet and you. It supersedes all prior agreements, understandings and representations whether oral or written.
17.0 Governing Law
17.1 These terms and conditions are governed by the laws in force in the state of NSW. Both parties agree to submit to the exclusive jurisdiction o f the Courts of that State.
18.0 Notifications & Communications
18.1 All notifications under this agreement will be by email to your nominated Internet address. By entering into this agreement you agree to receive other email communications of a marketing and promotional nature unless you opt out of our mailing list. You will not be able to opt-out of critical service notifications, renewal, billing and account notifications, scheduled downtime notifications or any other communications deemed to be an essential part of our service to you.
19.1 Any material, designs, data and/or service provided by us remains copyright to us and without our express permission you may not: reproduce in any form on or in any other medium unless that medium is a service offered by us.
19.2 If you choose not to continue the service offered by us you may not copy or remove in any form the materials, data and/ or design as provided by us.
19.3 Any materials, data and/or designs you have provided to us must be owned by you and you indemnify us against any class actions against us should this not be the case.
Prices & Conditions
This schedule list our current prices for services as provided by us and can be found on our website.
Our prices are subject to change without notice. Any changes we will post on our website.
Details of the services offered can be found on our website except for any special services requested by you. Any price changes do not affect any current agreement you have with us except where the changes are the result in changes by the government in relation to taxes, GST and/or duties as it relates to the services provided by us and may affect your current agreement.
Prices listed herein are our standard charges for services provided and do not show any special services requested or required by you which are subject to quote on request of service All prices listed are inclusive of GST All charges for any services are due within seven (7) days of issue of any invoice for said service.
1.0 Hosting Only
1.1 Full details of the Hosting Packages can be found on our web site.
2.0 Excess Data Usage Excess
2.1 Data is calculated monthly and if exceeds the agreed amount as set out in the service purchased will be charged at $5.00 for the first 100MB or part used thereof and a further $0.05 for each MB used after that.
3.0 Extra Email Address Extra
3.1 Extra email addresses when added to the service purchased and which are over and above the number as set out in the service purchased will be charged at a rate of $5.00 per extra email address added.
4.0 Web Design
4.1 This service is to provide a website as detailed on the website and/or as detailed in any quatation to you and subject to our TAC and AUP.
4.2 An non refundable deposit of 50% of the estimated final cost of the service must be paid in advance on acceptance of this service. The balance must be paid prior to the website being uploaded onto our server for general internet use.
4.3 You agree to allow Kissnet to place a hyper link to Kissnet on your website which will open in a separate page to Kissnet's home page. The hyper link will generally be placed on the bottom of each of your pages. You agree to not remove the hyper link. Any and all extra designs or pages that are outside of the standard design offer are subject to price confirmation.
4.4 Any additions, alterations or adjustments made to the website after the website has been published are subject to an hourly charge of $150.00 (+ GST) per hour or part thereof.
5.0 Domain Name Registration
5.1 If you do not wish to use our domain registration interface to register a domain name(s) you may contact Kissnet to order domain name(s) to be registered by Kissnet. Payment for the domain name must be in advance and in full.
6.0 Annual Renewal
6.1 There is no obligation to renew the agreement after the anniversary of the beginning of the agreement. Annual renewal fee is as per the ruling price of the day which can viewed on the website:
6.2 Any website that has been designed and hosted by Kissnet will be charged at the ruling price of the day for based on the average size and average internet traffic of the website for the last 3 months of the previous 12 months.
I6.3 f you have a hosting only package then the price structure for renewal will be as per the ruling hosting package prices of the day.
7.0 Prices Prices are subject to change without notice
Acceptable User Policy
This policy outlines what we deem unacceptable and acceptable use of services (AUP) provided by Kissnet PTY Ltd and its subsidiaries (we and our "us") to customers of Kissnet (you and your). These terms are subject to change . When we make amendments to this policy we will notify you of the change; after which you will be obliged to comply with the amended policy. If you do not accept this version of our AUP or any future amendments you will need to immediately contact us to notify us of the cancellation of your services.
The policy applies to the owners and operators of services provided by us. It is also directed at users and customers who want to lodge a complaint about alleged breaches of the policy.
Any use of our services that contravenes the various Commonwealth and State laws that govern many aspects of Internet use is, by definition, unacceptable use. The owners and operators of web sites hosted by us are strongly advised to familiarise themselves with these laws and to operate within them.
In addition, we impose additional restrictions on the use of our services to ensure that the system operates fairly for all customers and to safeguard our good name and reputation.
2.0 Agreement by customers to comply with the AUP
It is a condition of contract that all our customers comply with the terms of this AUP. Your decision to purchase any of our services signifies your acceptance of the terms of this AUP.
3.0 Services covered by this policy
3.1 This policy covers all services offered by Kissnet Pty Ltd and its subsidiaries
3.2 If we provide you with access to a network outside our network you are responsible for complying with the AUP for that network.
4.0 Our responsibilities
We will take reasonable measures to ensure that the owners and operators of the services we provide will comply with this AUP.
We reserve the right to monitor your compliance by any means and to take action if we deem it necessary.
We will also act on any complaint from a user or another of our customers and will cooperate fully with law enforcement agencies if required. What constitutes unacceptable use by customers.
You must not use our service, attempt to use the service, or allow the service to be used in any way that would:
5.0 Breach of law
Results in you or us breaching, or being involved in a breach of law, order or regulation.
Obscene, defamatory, offensive, abusive
Sends, displays, accesses, makes available, publishes, or distributes or otherwise is involved in material that a reasonable person would consider obscene, defamatory or offensive.
5.1 The rights of others
Infringes on any persons rights (including intellectual property rights and moral rights). * Constitutes a misuse of any persons confidential information. * Results in a breach by you of any obligation that you owe to any person.
5.2 Prohibited and Restricted content
Sends, displays, accesses, makes available, publishes or distributes or otherwise is involved in material that is likely to be considered unsuitable for minors.
Sends, displays, accesses, makes available, publishes or distributes or otherwise is involved in material which is classified RC or X by the Australian Classification Board.
5.3 Protection of minors
Enables a minor to access material inappropriate for a minor or to establish (or try to establish) contact with a minor not otherwise known to you.
5.4 Illegal business practices and gambling
Engages in any misleading or deceptive business or marketing practice.
Involves providing or promoting illegal pyramid selling schemes or unlawful gambling or gaming activities.
5.5 Damage to property or people
Results, or could result, in damage to property or injury to any person.
Harasses, menaces or stalks people.
5.6 Unsolicited email - hereinafter known as SPAM
Indiscriminately sends unsolicited, unwanted, and/or inappropriate messages, especially commercial advertising in mass quantities.
Provides capability that permits third parties to send SPAM.
Causes an adverse effect on any computer, network, or data belonging to any party.
Access anyone else's systems, networks or data without consent, regardless of whether or not such access or use has any adverse effect on the system, network, or data.
Creates, sends, or alters in any way the contents of an electronic message for the purpose of hiding, obscuring or deleting the source of the message or making the message appear to come from someone other then you.
5.7 Kissnet's service
Manipulates or bypasses our usage limits.
Undertakes any activity which impedes our ability to provide its services.
Unfairly damages the commercial well being or reputation of us.
5.8 Excessive Resource Usage
Would result in an excessive load being generated on our providers servers, network, or other resources; and
Would create any undue burden on other Kissnet customers or the service in general.
5.9 Reservation of Rights
We reserve the right to decide whether any action constitutes unacceptable use and, to the extent the law allows, our decision will be final.
6.0 What we will do about unacceptable use
6.1 At its absolute discretion, we reserves the right to suspend or terminate a customers access to any or all services provided if we form the view that a customer has breached the terms of this AUP.
6.2 We will not automatically assume an allegation of unacceptable use against you is proven until we assess the facts or a law enforcement agency or other relevant government authority requires us to act immediately. Nevertheless, we reserve the right to suspend or terminate your account without notice to you if the circumstances dictate that immediate action is required. In other circumstances we will follow the process outlined in the next section.
7.0 Complaints process
7.1 Complaints by users or customers should be sent to email@example.com
7.2 If the complaint is an allegation that you have not complied with the law we may, subject to legal advice, have to either inform the complainant that they can refer their concern to the relevant government authority or that we will do so. If the complaint is not clearly covered by a law we will initiate the following process:
(a) If the complaint is about content:
We will record the detail of the complaint and discuss it with you in an attempt to resolve the issues to the satisfaction of the complainant.
If that is unsuccessful we will give your contact details to the complainant so that the issues can be discussed directly with you
If that is unsuccessful we will advise the complainant of their right to lodge a formal complaint with the Australian Broadcasting Authority (ABA).
Depending on the outcome of the process to this point, we reserve the right to make a final decision (which may involve suspension of termination of your service) that will bind you as the customer.
(b) If the complaint is about service interference
We will investigate the allegations and attempt to resolve the matter. If our service is seriously compromised we may choose to suspend your service immediately pending an investigation.
Our decision in regards to service interference will be final. It may involve suspension or termination of your service.
8.0 Liabilities and indemnities
8.1 We will not be liable for any loss of benefit you might incur if we suspend or terminate your account under the terms of this AUP where:
You have breached the terms of this AUP.
We are required to do so by law.
We are directed to do so by the ABA under a takedown notice in accordance with its obligations under the Broadcasting Services Amendment (Online Services) Act in 1999 (as amended).
We acted reasonably in exceptional circumstances; or
We are not able to reach a mutually acceptable outcome.
9.0 Indemnity of Kissnet Pty Ltd
9.1 You agree to indemnify us against any claim a user or another customer might make as a result of any loss of benefit or damages they incur as a result of a breach of this AUP.
Personal information about visitors to our sites is collected only when knowingly and voluntarily submitted. For example, we may need to collect such information to provide you with further services or to answer or forward any requests or enquiries. It is our intention that this policy will protect your personal information from being dealt with in any way that is inconsistent with applicable privacy laws in Australia.
Use of Information
Apart from where you have consented or disclosure is necessary to achieve the purpose for which it was submitted, personal information may be disclosed in special situations where we have reason to believe that doing so is necessary to identify, contact or bring legal action against anyone damaging, injuring, or interfering (intentionally or unintentionally) with our rights or property, users, or anyone else who could be harmed by such activities. Also, we may disclose personal information when we believe in good faith that the law requires disclosure.
We may engage third parties to provide you with goods or services on our behalf. In that circumstance, we may disclose your personal information to those third parties in order to meet your request for goods or services.
We strive to ensure the security, integrity and privacy of personal information submitted to our sites, and we review and update our security measures in light of current technologies. Unfortunately, no data transmission over the Internet can be guaranteed to be totally secure.
However, we will endeavour to take all reasonable steps to protect the personal information you may transmit to us or from our online products and services. Once we do receive your transmission, we will also make our best efforts to ensure its security on our systems.
In addition, our employees and the contractors who provide services related to our information systems are obliged to respect the confidentiality of any personal information held by us. However, we will not be held responsible for events arising from unauthorised access to your personal information.
Access to InformationWe will endeavour to take all reasonable steps to keep secure any information which we hold about you, and to keep this information accurate and up to date. If, at any time, you discover that information held about you is incorrect, you may contact us to have the information corrected.
In addition, our employees and the contractors who provide services related to our information systems are obliged to respect the confidentiality of any personal information held by us.Links to other sites We provide links to Web sites outside of our web sites, as well as to third party Web sites. These linked sites are not under our control, and we cannot accept responsibility for the conduct of companies linked to our web site. Before disclosing your personal information on any other web site, we advise you to examine the terms and conditions of using that Web site and its privacy statement.
Further Privacy InformationFor more information about privacy issues in Australia and protecting your privacy, visit the Australian Federal Privacy Commissioner's web site.