Customers must read and have fully understood and agreed to the following terms and conditions:

Definitions

"Ausnik IT" is Ausnik IT Holdings, a registered business name of Ausnik IT Holdings Pty.

Ltd. ABN 58 091 728 988. And the term Ausnik IT all subsidiaries and entities. This Terms incorporates its officers, directors, employees and contractors.

"Account" means an account provided to use a service supplied by Ausnik IT.

"Network" means hardware and/or software used to provide a service.

"Internet" means the network of networks to which an account provides access.

"You" or "the Customer" means that legal entity that is entering and bound by this contract with Ausnik IT. "You" and "the customer" may be used interchangeably.

"Service", "Supply", "Product", "Goods" means the services or products for which Ausnik IT is contracted to provide and are used interchangeably.

"Content", "Material", "Information" "Data" means any information which could be transmitted or received by digital means and incorporates static or active software programs or the results of programs and other online events or the results of online events any of which may be public or private or any combination thereof. These words are used interchangeably.

"Publish", "Post", "Propagate" means to transmit or store or upload or download or receive content and are used interchangeably.

"Suspension", means Ausnik IT initiated restriction or interruption to service(s) due to

non-payment of account or breach of these terms and conditions or acceptable Usage Policy. A suspended account still incurs full charges and does not constitute termination of the customers’ obligations under these terms and conditions.

"AUP", means Acceptable Use Policy or Acceptable Usage Policy.

“1Mb (one megabyte)” is equal to 1,000,000 bytes for billing purposes.

Plurals include singulars and vice versa.

Masculine include feminine and vice versa.

Agreement

This document is the general terms and conditions. Other more specific terms and conditions may apply to specific products and/or services.

In the circumstance where you purchase a service through a reseller then Ausnik IT has no direct contract with you however you are still bound through your reseller by these terms and conditions and the AUP.

Provision to Ausnik IT products and services is through an account applied for by a customer who may be a reseller and dully approved by Ausnik IT. Ausnik IT reserves the right to refuse any application and services for whatever reason.

This document incorporates the AUP document.

Privacy

Ausnik IT will endeavour not to release any information collected about you to a third party.  Ausnik IT will not sell its database of customer details or details about customers to an unrelated third party.

We also respect the right of users to privacy and will endeavour not to knowingly disclose user identities unless directed by a court of law or authorised government body or as required by any mandatory reporting legislation.

The customer agrees that Ausnik IT may report any outstanding debts past 60 days due,

Including all customer details to relavent credit agencies and or any other 3rd party engaged for the purpose of debt collection.

Acceptable Use Policy

Customer agrees to be bound by the AUP and that this AUP agreement is a pre-condition of access to Ausnik IT services.

General Service

The customer agrees that any services provided are not continuous or faultless or error free and that interruptions, delays, faults, degradations and outages to services may occur from time to time. For example interruptions may occur due to maintenance of software or hardware, outages also may be the result of hardware or software failure or external network failures, etc.

The customer will not hold Ausnik IT responsible or liable for any interruption or delays or degradation to services.

Where provision of a service involves the use of a third party service, for example a carriage service or a domain name service, the customer agrees that Ausnik IT has no responsibility for the performance or non-performance of these services.

No service need be provided by Ausnik IT without either a signed application form or an online application submitted and appropriate consent to enter into a legal contract bound by these and other relevant terms and conditions.

Unless prior credit arrangements are in place Ausnik IT has the right to refuse to provide a service or suspend a service or terminate a service that is not paid for in advance.

Ausnik IT reserves the right to refuse an existing account an application for a service.

Due to changing technology and other such circumstances Ausnik IT reserves to modify the nature and type of services provided as it sees appropriate.

Responsibility

The customer must be over 13 of age. If the customer is under 18 years of age then a custodian must complete and be bound to this agreement as the responsible party for this contract in place of the customer.

The customer agrees that by using service provide by Ausnik IT which incorporates agreement to these terms and conditions that this event legally binds them as if they had signed this contract and given full legal consent to be bound by these terms and conditions and any other relevant conditions referred to.

Ausnik IT reserves the right to take action, including legal or suspension of or termination of a service, against a customer who interferes with the rights of another user online, or attempts to interfere with the smooth running of the internet or Ausnik IT's services. We reserve the right to discontinue, without refund or notice, any account or service where usage of the account or service is deemed to be an abuse, and we will charge the customer for costs incurred by any such abuse.

What constitutes "abuse" will be entirely determined by Ausnik IT. Abuse includes but is not limited to the principals and points of the AUP.

The customer warrants that all details and information provided to Ausnik IT is correct, truthful and accurate.

The customer warrants to keep up to date all contact and billing details in order to receive invoices and other communications from Ausnik IT.

Where a service is provided without a password the customer must ensure that no unauthorised use of that service occurs.

The customer agrees that where a password has been revealed or compromised or unauthorised use of a service occurs that the customer is still liable for any charges or consequences that may arise from that use.

Where a customer believes a password has been revealed or compromised they must notify Ausnik IT at the earliest possibility.

The customer agrees that where an authorised third party uses a service provided by Ausnik IT that the customer has a responsibility for ensuring that the third party agrees and abides by these terms and conditions.

Specifically Ausnik IT accepts no responsibility for the customers' end of an access service or for the performance or non-performance of any type of service used to access our services.

Ausnik IT reserves the right to immediately suspend a service or refuse supply without notice if it believes that the customer may in any way not meet its obligations to pay for the services as they fall due.

Ausnik IT reserves the right to demand what it considers an appropriate bond to be held as guarantee by Ausnik IT where the customer has a history of late or non payment before a service will be re-supplied or continuation of supply is to occur.

The customer agrees that accounts and services are not transferable and that the customer is liable for all charges inccured by an account regardless or not of any third party, authorised or not, use of Ausnik IT service(s).

No Liability

The customer fully indemnifies Ausnik IT, its employees, officers, directors, contractors and any other representatives against any proceedings, action, loss, damages or claims or other events which may arise from the customers account(s) or use, mis-use or non-use of a service, product or goods supplied by Ausnik IT including, but not limited to, copyright breaches, defamatory comments or events, vilification, intellectual property infringements, illegal pornographic material, actions that contravene export controls, threatening or violent actions or behavior or any other unlawful event in any part of the world where they may be unlawful.

In relation to a claim against Ausnik IT, Ausnik IT may require you to conduct the defence and meet its cost for any legal proceedings or compensations or other events that are the results of your actions or inactions or failure to meet these terms and conditions or any Commonwealth Law or any other Law.

Where Ausnik IT requires legal advise in relation to an activity of the customer, the customer agrees to cover the cost of that advise.

The customer agrees to take full responsibility for any content that it publishes using a Ausnik IT service.

In any event Ausnik IT's sole liability will be limited to the cost of the service it supplies or its resupply where Ausnik IT chooses to.

Ausnik IT reserves the right to remove or block access to any content published, posted or propagated by the customer using a Ausnik IT service, where there is a breach of the AUP.

The customer warrants not to hold Ausnik IT liable for any loss or damage or liability in the event or such blocking or removal of content.

The customer agrees that full editorial control over its content remains with the custome and that Ausnik IT will not edit or alter content of published material.

The customer warrants that all information provided to Ausnik IT is truthful and correct and accurate and up to date and that the person designated is of above 18 years of age and is legally empowered to act and enter into this contract as the customer or on behalf of the customer as indicated on the relevant application form.

The customer warrants that all information that may be relevant to the provision of service by Ausnik IT is disclosed by the customer to Ausnik IT prior to such provision and that any false or misleading or incomplete information provided is grounds for termination without notice and possible compensation to Ausnik IT.

The customer warrants that no person under the age of 18 years will use a service provided by Ausnik IT without parental supervision and or filter software used to protect the minor.

The customer agrees that Ausnik IT is in no way responsible for the content of the internet or information or actions or events which may be carried by, or from, or to, a third party or the customer or Ausnik IT using any Ausnik IT service.

The customer agrees that exposure to viruses and other harmful events may occur when accessing the general internet and dealing with such events is outside the responsibility of Ausnik IT and that it is entirely the customers responsibility to deal with such exposures.

Ausnik IT will endeavour to maximise availability of its services, but accepts no responsibility for either our own or third party failures, or any other events which may interrupt, delay or degrade the service, or any consequential or ongoing loss, damage, claim or liability to the maximum extent permissible by law.

Service Level Agreements

Ausnik IT provides a 99.9% uptime guarantee on Linux-based and Window-based shared hosting servers only.

The customer agrees that any service level agreements exclude any events outside of Ausnik IT's control. This excludes issues like but not limited to: viruses, link flooding, malicious attacks etc.

Where a service level agreement is in place that has not been met by Ausnik IT it is the customer responsibility to lodge a claim within 14 days under that agreement.

Any compensation resulting from a service level agreement will be considered paid by crediting the customers account with appropriate amount.

Uptime guarantee pertains to the web hosting service only and does not include email or non-HTTP services.

Charges and Payments

The customer agrees to pay all fees as specified by Ausnik IT as a pre-condition of supply of services.

Payment information and due dates will be provided with your invoices, and we reserve the right to charge which ever is the greater of $22 or 11% (inc GST), as handling fee on late payments. Any or all services may also be suspended or terminated at Ausnik IT's discretion until payment including any tax is received in full and any reconnection fees.

Ausnik IT may charge a 2.5% surcharge on Amex credit card payments or 1% surcharge on other credit card payments.

The customer agrees Ausnik IT may send invoices to the customer via email.

It is the customers' responsibility to ensure that a current active email address is supplied to Ausnik IT for the delivery of invoices.

Ausnik IT will also provide invoices online and it is the responsibility of the customer to periodically check what their account balance is and pay in full any invoices including any taxes by the due date.

All moneys paid to Ausnik IT are non-refundable.

Bonuses paid by Ausnik IT are not transferable into cash or refundable and can only be used as credit to be expensed on an account.

All pricing is subject to change with 1 months notice. Please check with Ausnik IT for latest details.

Title to any goods provided by Ausnik IT, remain the property of Ausnik IT until payment is received in full.

Ausnik IT will automatically re-bill a customer's credit card, where credit card details have been provided unless otherwise informed.

Ausnik IT reserves the right to offset any amounts owed against any amounts due.

Overdue amounts are payable immediately.

Disputes

Where a dispute over an amount invoiced occurs the customer agrees to pay any undisputed amounts by the due date of those amounts.

The customer must produce evidence to substantiate any disputed amounts prior to invoice due date.

The customer will not withhold payments for other amounts not related to that dispute.

Ausnik IT will endevour to investigate any issues arising from a dispute and make a determination within 60 days, upon which the amount will be withdrawn, corrected or become immediately payable by the customer.

Prepayments and Refunds

Where discounts are provided for plans greater then one month, prepayments on these plans are not refundable. This include, 3, 6 and 12 months or greater plans.

Refunds are available in the first 30 days of a service and thereafter at one month notice on monthly plans.

Prepayments on plans greater then 3 months constitute a minimum commitment for the length of that service. Plans may upgraded be at any time or changed at the end of period. Plans however may not be downgraded or refunded during the pre-commitment period.

GST

The customer agrees to pay Goods and Services Tax or other applicable tax and that services are generally quoted with GST.

Filtering

Where Ausnik IT provides filtering software or services, such as SPAM or virus filtering or general or other filtering services, the customer agrees that such software can not be perfect and may occasionally fail to filter unwanted material, and the customer will not hold Ausnik IT responsible or liable for any consequences arising from material sliping through.

Force Majeur

In the event of an act of major catastrophe such as terrorism, earthquake, riot, civil disorder, flood, fire, storm or other major disaster Ausnik IT reserves the right to suspend all its obligations under this contract or void the contract at its option.

Termination and Suspension

Customer may terminate this agreement in writing giving signed 1 months notice, by way of fax or normal postal mail or by hand delivery. Email or verbal notice is insufficient to terminate this contract.

Ausnik IT may terminate this account without any notice where a breach has occured of this agreement or the AUP or at Ausnik IT’s discretion.

Until proper notice has been provided to Ausnik IT, the customer agrees that they are still incurring monthly or any other contractual charges and fees even if a service is unused, suspended or inactivated.

Where a minimum term has been specified for a service the customer is liable for and must pay the remaining portion of the contract as calculated by Ausnik IT.

The customer agrees that suspension of an account or service, by Ausnik IT, does not terminate the customers' obligations of charges.

Ausnik IT reserves the right to suspend an account via way of blocking supply or access to a service or degradation of a service. Notice will endeavour to be made via email with reasons prior to such suspension. Where such notice fails or is not received, the blocking of supply or service will be deemed to constitute notice.

The customer agrees to pay any reconnection charges in relation to suspension or termination of services.

The customer agrees that once an account has been put on hold or suspended it is the customers' responsibility to contact Ausnik IT to either terminate or correct any causes for the suspension prior to reestablishment of the supply of a service.

Once Ausnik IT suspends an account the customer waives any right under any service level performance agreements or right of access or supply until such time as the customer demonstrates to Ausnik IT that the reasons for suspension have been dutifully addressed to Ausnik IT's satisfaction.

Once a service is terminated, Ausnik IT has the right to remove any content and data, public or private, that you may have published, posted, propagated and/or received.

Domains

The customer agrees that Ausnik IT can not guarantee provision of a domain name nor the timeliness of provision for domains and that rules and regulations outside of Ausnik IT control govern the use, fees and issuing of domains.

The customer also agrees that domain name applications are not an instantaneous process and that while a domain may appear to be available, by the time the application is processed and forwarded the domain may no longer be available.

The customer grants Ausnik IT full right to choose an appropriate registrar in procuring domain names on behalf of the customer and the right to change registrars as it sees fit.

Ausnik IT will give customer an opportunity to refuse such change vie email notice.

The customer agrees that transfer of domain names is outside the responsibility of Ausnik IT and that it is the customers responsibility to authorise and finalise transfer of domain names to and from Ausnik IT.

Customers and Resellers of Ausnik IT must agree to the terms and conditions contained within the following documents before they can continue with domain registration.

.au Registrant Licence Agreement

( doc file) (HTML version)

gTLD (.com, .net) Registrant Licence Agreement

(doc file) (HTML version)

.org Registrant Licence Agreement

(doc file) (HTML version)

.biz Registrant Licence Agreement

(doc file) (HTML version)

.info (.com, .net) Registrant Licence Agreement

(doc file) (HTML version)

Resellers

The customer agrees not to resell any services provided by Ausnik IT without an appropriate application form duly submitted and approval granted by Ausnik IT.

Where a service has been resold through you any obligations falling on you are to be forwarded and made clear, obvious and binding on the entity that the service is resold to.

A reseller warrants not to resell a service in such a way that the use of the service breaches these terms and conditions and AUP.

Backups and Recovery

Ausnik IT will perform periodic backups of any web material published to a mirror disk where appropriate. Ausnik IT will also periodically backup such material to tape. In the event of a disaster such as hardware failure, Ausnik IT will attempt to recover from any backups the customers web content. Where such recovery fails for whatever reason the customer must be prepared to reupload to our service any such content.

Recovery of material lost by a customer will incur a recovery fee.

The customer agrees that due to the dynamic content of email activities, email spools are not backed up and that there is no guarantee of receipt of any email items.

The customer agrees that they must maintain their own copy of any content published via a Ausnik IT service and that Ausnik IT should never be used as any "master" or “primary” or “critical” or “sole copy” of any content.

Where a customer loses material and requires Ausnik IT to recover such material from backups.

Ausnik IT may charge for this service if it is able to provide it.

Intelectual Property

You hereby grant to Ausnik IT and warrant that you have obtained all authorisations, licences and consents necessary for Ausnik IT to perform its obligations and exercise its rights under these terms and conditions and that these are granted to Ausnik IT for this purpose.

The customer agrees that no intellectual property rights are assigned to the customer in the use of a service provided by Ausnik IT unless otherwise specifically contracted.

Likewise none of the customers intellectual property rights are assigned to Ausnik IT via the use of a service provided by Ausnik IT unless otherwise specifically contracted or required for Ausnik IT to provide its services.

Any rights or licences to content granted to Ausnik IT survive the termination of this contract unless otherwise agreed in writing.

Directors Guarantee

Where a customer is a legal entity other then a natural person, such as a company, all directors or equivalent of that legal entity unconditionally warrant to pay and fully personally guarantee any debt to Ausnik IT of that entity for all and every service provided by Ausnik IT.

Evolving Contract

Ausnik IT reserves the right to modify these terms and conditions and the AUP from time to time and will make available any such changes by posting them to the internet. Any such changes are effective from the date they are so posted.

Governing Law

This contract is governed by the laws in force in the state of New South Wales in the

Commonwealth of Australia.