Customers must read and have fully understood and agreed to the following
terms and conditions:
"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
"Account" means an account provided to use a service supplied by Ausnik
"Network" means hardware and/or software used to provide a service.
"Internet" means the network of networks to which an account provides
"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
"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
"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.
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
This document incorporates the AUP document.
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
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.
Customer agrees to be bound by the AUP and that this AUP agreement is a
pre-condition of access to Ausnik IT services.
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
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
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
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
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).
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
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
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.
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.
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
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
Overdue amounts are payable immediately.
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
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.
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.
The customer agrees to pay Goods and Services Tax or other applicable tax
and that services are generally quoted with GST.
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.
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.
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
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
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.
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
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
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
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
(doc file) (HTML version)
The customer agrees not to resell any services provided by Ausnik IT
without an appropriate application form duly submitted and approval granted by
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.
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
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.
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
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.
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.
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
This contract is governed by the laws in force in the state of New South
Wales in the
Commonwealth of Australia.