Terms and Conditions
Terms and Conditions
1. Web Hosting is based on a 12-month period that is invoiced
quarterly or yearly in advance.
2. Disconnection or termination of any services requires 1-month prior notice
in writing to LinSec Consulting.
3. LinSec Consulting is not responsible for content placed in the web site.
4. Any Bandwidth used over the stated limit incurs a 15c/Megabyte charge.
5. LinSec Consulting reserves the right to terminate any service without notice
for breach of any of the listed terms and conditions and/or acceptable usage
policies.
6. All prices are inclusive of GST. "GST" means the tax imposed by
The Goods and Services Tax Act 1999 (Cth) and related imposition Acts of the
Commonwealth
7. Our liability to you for all loss or damage suffered or incurred by you in
connection with this Agreement, any Software or the Services (including all
loss arising from any breach by us of this Agreement, our negligence or any
breach of statute) is limited as follows:
7.1. we will not be liable to you for any indirect or consequential loss (including loss or corruption of data or loss of profit); and
7.2. we will be liable to you for other types of loss or damage but our entire liability to you for each claim will be limited to the Fees paid to us by you under this Agreement in the 12 months prior to the date the cause of damage occurred, less:7.2(1). All GST paid in relation to those Fees; and
7.2(2). All amounts already paid or payable to you by us during that period for any other claims made by you relating to this agreement.7.3. You have not relied on any representations made by us which are not set out in this Agreement.
7.4. You indemnify us and our related bodies from and against all losses, damages, claims, actions, expenses and other liability arising from your performance, non- performance or breach of this Agreement or your use of the Service.
8. Notwithstanding any other provision of this agreement, neither party will be liable for any failure to fulfil any term of this Agreement if such fulfillment is delayed, prevented, restricted or interfered with for any reason outside that party's control, including without limitation any act of God, inclement weather, failure or shortage of power supplies, floods, drought, lightening or fire strike, lock-out, trade dispute or labour disturbance, any act or omission of any governmental agency, highways or authorities.
10. The party unable to perform its obligations must:
10.1. Notify the other party promptly of any delay; and
10.2. Use its best efforts to resume performance in accordance with this Agreement as soon as possible.
10.3. If any event referred to continues for more than 1 month, then this Agreement may be terminated forthwith by either party giving notice to the other party.
11. We may subcontract all or any part of the work.
Acceptable Usage Policy
The purpose of the acceptable usage policy is to make it clear exactly what activities must NOT be engaged when utilising any of our services.
1. Email abuse. The act of sending unsolicited email (otherwise known as "spam"), or allowing other parties to send such email through your account is not acceptable. Upon receipt of complaints regarding any of these activities LinSec Consulting will act to prevent such further occurrences. This may include account suspension or cancellation.
2. Forging Headers. Forging or modifying email headers to hide or mislead your identity will not be accepted. Upon receipt of complaints regarding any of these activities LinSec Consulting will act to prevent such further occurrences. This may include account suspension or cancellation.
3. Illegal or unathorised access. Gaining or attempting to gain illegal access, or access without authorisation to computers, networks or accounts owned by LinSec Consulting or any external party will not be accepted. Upon receipt of complaints regarding any of these activities LinSec Consulting will act to prevent such further occurrences. This may include account suspension or cancellation.
4. Copyright and intellectual property violations. LinSec
Consulting does not and will not monitor or interfere with content published
on our servers unless proper notice is served advising of an infringement of
copyright or intellectual property. Upon receipt of complaints regarding any
of these activities LinSec Consulting will act to prevent such further occurrences.
This may include account suspension or cancellation.
5. Service Abuse. If scripts or services have been identified
in a clients environment that abuse bandwidth and/or server performance
(for example IRC scripts, file downloads etc), services may be disabled without notice.
All due care is taken to ensure customers are made aware of this situation,
however should the customer ignore this, service may be terminated. Customers are encourages to
inform us of any potential script or issue that might question this AUP before installing the script
.