Cheltenham Group Web Hosting Terms and Conditions
This Services Agreement (the “Agreement”) contains the complete terms and conditions which govern your subscription of Web hosting, provided by Cheltenham Group (the “Services”).
As used in this Agreement, “Cheltenham Group” means Cheltenham Group Pty. Ltd. and “Client”, “you”, or “your” means you. By using our service, you acknowledge that you have read this Agreement, and you agree to its terms and conditions and all policies posted on the Cheltenham Group web site.
1. Use of the Service
Cheltenham Group provides the Services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such Services.
- The client agrees that it will not distribute, electronically transmit or display any materials supplied by the client – or through the client by a third party – to any Cheltenham Group server about the client’s use of the Services which:
- violate any state, federal or foreign laws or regulations
- infringe on any intellectual property rights (e.g. copyright, trademark, patent or other proprietary rights) of Cheltenham Group or any third party
- are defamatory, slanderous or trade libellous, threatening or harassing content of any type
- file sharing music, software, bit torrents, video or pictures that contains copyright
- proxy server software (any type) used to hide users IP or cache content
- are discriminatory based on gender, race, age or promotes hate
- contain any type of pornography, sexual services or illegal drugs or substances
- contain viruses or other computer programming defects which result in damage to Cheltenham Group, it’s servers or any third party
Disk Space/Data Transfer.
The Client may upload up to 300 MB of content and bandwidth use must be within reasonable limits. Additional fees will be charged for exceeding the disk space and/or network bandwidth allowance of your selected plan.
The website is offered on the basis that it is used by a typical small business hosting a website that contains text and pictures, not self-hosted video and music.
The client shall not use our Services for chain letters, junk mail, spamming, bulk mailing (more than 300 recipients) advertising or any use of distribution or mailing lists to any person who has not given specific permission to be included in such a process. The client also shall not engage in any unsolicited email practices using Cheltenham Group Servers or other infrastructure, or otherwise, that mentions or reference any domain hosted on Cheltenham Group servers or parked on Cheltenham Group DNS servers.
The client agrees that any hosting account that uses excessive CPU or Memory resources (10% or more) for a sustained period (ten minutes or more) may be suspended at any time without notice. Cheltenham Group reserves the right to terminate sites that are repeatedly using excessive resources at any time with prior notification.
Licensed Software Only.
The client agrees to use only properly licensed third party software in connection with the client’s use of the Services.
Back-Up Files and Processing.
Cheltenham Group takes all reasonable steps to safeguard the Cheltenham Group Servers and the data contained there-in, however Cheltenham Group will not be responsible for any loss of the client’ data or DNS records stored or intended to be stored on the Cheltenham Group Servers and/or back-up devices. The Client will not be entitled to any form of compensation from Cheltenham Group in the event of loss of data. You as the client are responsible for your own backups. Whilst Cheltenham Group actively performs a variety of backups daily, there may be times when the backups fail or become unavailable. As such the final responsibility for all your data stored on Cheltenham Group Servers is ultimately your own. By acknowledging and signing your agreement you free Cheltenham Group from any legal action in the event of data loss and you agree that you will not be entitled to any form of compensation for said loss.
The client agrees that applications and scripts installed or uploaded are the responsibility of the client and must be kept up-to-date. Failure to do so may expose our servers to possible exploits and costs to restore services may be recovered from the client of the site initially affected.
Cheltenham Group reserves the right to refuse service to anyone. Cheltenham Group, at its sole discretion, may immediately terminate this Agreement if the client engages in any of the foregoing.
2. Domain Names
Domain Name Applications
Domain Name Registrations are for the period of 2 Years for ‘.com.au’ domains. Normally the first registration period is included within the price. Domain names are subject to availability and as per policy of the respective Domain Name Authority. The client agrees to accurately provide all details to the best of their knowledge to assist with the application. After the initial 2-year period, the client will be billed for an additional 2 years, the current cost for this is $20 (but may rise over time)
Domain Name Transfers
If the client wishes to transfer the domain it will be performed by the client and at the clients’ expense.
3. Payment Obligations
Prior to any services being delivered by the Cheltenham Group, the Client agrees to pay a 50%, non-refundable deposit.
Cheltenham Group accepts no responsibility for domain names registered by another party prior to the Client paying the outstanding amount. On-going invoices will be issued as required. The account will be automatically suspended ten (10) days after the due date, and a notice will be issued advising of the suspension.
Cheltenham Group shall be entitled to immediately terminate this Agreement thirty (30) days after non-payment or from failure to make timely payments. If the client terminates this Agreement in accordance with Section 5 hereunder, the client shall be responsible for any outstanding fees owed to Cheltenham Group and agrees to pay all fees incurred by the client.
No website hosting refunds can be made if the Client terminates the services for any reason.
Any payment not received within 10 days after due date may incur a late payment fee of $5.00. The customer also shall pay to Cheltenham Group all expenses incurred by Cheltenham Group in exercising any of its rights under this Agreement or applicable law with respect to a Payment Default or other breach by Customer, including, but not limited to, reasonable Solicitors fees and the fees of any collection agency retained by Cheltenham Group.
Customer will be responsible for and will pay in full, any taxes and similar fees now in force or enacted in the future imposed on the transaction and/or the delivery of Services.
Cheltenham Group does not offer refunds for domain name registrations for any reason, including misspelling of the domain name. Where applicable, domain name registration fees must be paid up front. Cheltenham Group accepts no responsibility for domain names registered by another party prior to the Client paying any outstanding amount.
4. Client Liability and Indemnification
The parties agree that in no event shall Cheltenham Group be liable to any third party for the client’s breach or alleged breach of any of the terms and conditions set forth in this Agreement. The client agrees to defend, indemnify and hold harmless Cheltenham Group from any expenses, losses, liabilities, damages or third party claims resulting from the client’s breach or alleged breach of any Client obligations set forth hereunder.
5. Terms, Termination & Reinstatement
Terms & Termination.
Subject to the terms and conditions hereof, this Agreement shall be effective on the date you register for the Services, and shall continue in effect unless otherwise specified by separate agreement (the “Term”) unless terminated earlier pursuant to the provisions of this Section 4. Either party will have the right to terminate this Agreement upon notice to the other party. Sections 3 – 8 shall survive termination or expiration of this Agreement.
If Cheltenham Group suspends any type of account for non-payment, the client shall be allowed to re-instate the client’s use of the Services within Five (5) business days of suspension upon approval from Cheltenham Group and the receipt of full payment of balances due.
If a Client terminates their account, Cheltenham Group will disable and remove the account(s) the day the client specifies the cancellation to take place and all archives of the client’s website(s) and files will be removed. Should the client be in arrears for 30 days or more, as per section 2, the clients site(s) may be terminated without further notice and Cheltenham Group will not maintain or provide an archival copy of the Clients Web site(s) or files of any type.
It is the sole responsibility of the Client to backup and copy any data off the server prior to the date provided in their cancellation notice or termination date.
The client will pay and indemnify and hold Cheltenham Group harmless from all taxes associated with or arising from the client’s use of the Services, including any penalties and interest and any costs associated with the collection or withholding thereof.
7. Disclaimer of Warranty
The services provided by the Cheltenham Group site, including without limitation, all products and services displayed or offered on the Cheltenham Group site, and all text, graphics, links and applications are provided to client on an ‘as is’ basis and without warranty of any kind. Cheltenham Group disclaims all warranties, express or implied, with respect to each of the foregoing, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement or arising from a course of dealing. Without limiting the generality of the foregoing,
Cheltenham Group specifically disclaims any warranty that:
• the services will be uninterrupted or error-free
• defects will be corrected as soon as possible
• there are no viruses or other harmful components
• the security methods employed will be sufficient
8. Limitation of Liability
Limitations of Liability.
In no event shall Cheltenham Group be liable for damages resulting from loss of data, profits, use of the Cheltenham Group site or any Cheltenham Group products or services, or for any incidental, indirect, punitive, or consequential damages in connection with this agreement or in connection with any products or services provided hereunder. In no event shall Cheltenham Group cumulative liability exceed an amount greater than $100 AUD.
Any notices or communication under this Agreement shall be in writing and shall be deemed delivered to the party receiving such communication at the address specified below
(1) on the delivery date if delivered personally to the party, or a representative of the party;
(2) one business day after deposit with a commercial overnight carrier, with written verification of receipt;
(3) five business days after the mailing date, whether or not received, if sent by postal mail, return receipt requested; (4) on the delivery date if transmitted by confirmed facsimile. If posting correspondence to Cheltenham Group please use the following address details:
12 Osaka Loop, Hocking WA 6065, Australia
If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted. This Agreement (including the Exhibits, attachments and/or addenda, if any,) represents the entire agreement of the parties with respect of the subject matter hereof and supersedes all prior and/or contemporaneous agreements or understandings, written or oral between the parties with respect to the subject matter hereof.
This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by the client, but may be so transferred, assigned or delegated by Cheltenham Group. Any waiver or any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right. In any legal proceeding between the parties under this Agreement, the prevailing party shall be entitled to recover its costs, expenses and reasonable attorneys’ fees.
This Agreement is made under and shall be governed by the laws of Western Australia, except with regard to its conflict of law rules. This Agreement and Cheltenham Group’s policies are subject to change by Cheltenham Group without notice. Continued usage of the Services after a change to this Agreement by Cheltenham Group or after a new policy is implemented and posted on the Cheltenham Group Site constitutes your acceptance of such change or policy. We encourage you to regularly check the Cheltenham Group Site for any changes or additions.
In the event of closure of the Website Hosting services offer by the Cheltenham Group, the Cheltenham Group will offer technical assistance to help the client move to a new website hosting service provider.