TPP Wholesale Service Terms

A. Domain Names

The below clauses 1 – 4 form the registration agreement applicable to your domain name (Registration Agreement)

1. Registration Agreement

1. This Registration Agreement is submitted by you (being an individual or entity), the applicant for (and on registration) the licence holder of a domain name, for the purpose of becoming the licensee of a particular domain name.
2. This Registration Agreement sets out the applicable terms and conditions governing all domain name registrations, pre-registrations, renewals or otherwise. You agree you have read, understand, acknowledge and agree to be bound by this Registration Agreement.
3. The maximum fees charged for renewals is:

Resellers may be entitled to discounted fees which can be viewed in the account by following the steps below:

1. Go to https://www.tppwholesale.com.au/login/ and log into your account.
2. On the main menu navigate to ‘Domains’ then ‘View and Edit Domain Pricing’.

2. Rules of registration

1. A registration or reservation of a domain name does not grant any legal rights of ownership of the relevant domain name, nor does it confer immunity from objection to the registration or use of the domain name.
2. We do not warrant or guarantee that any domain name applied for will be registered or is capable of being registered by you (or your end-customer). No action should be taken in respect of a requested domain name until notification has been provided of successful registration. You irrevocably waive any claims you may have against us in respect of the decision of a Registry to refuse to register a domain name and, without limitation, agree that any administration charges paid by you to us shall be non-refundable in any such event.
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 can and do 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.
4. We accept no responsibility for the use of a domain name by any party, and any disputes regarding a domain name must be resolved between the parties concerned. We will take no part in any such dispute. We reserve the right to, in our sole discretion and without providing any reason, on our becoming aware of such a dispute, either suspend or cancel the domain name, and/or to make appropriate representations and disclosures to the relevant Registry.
5. You agree that should this Registration Agreement be terminated by any party, or if the domain name expired or transferred to another registrar, any other services that may be associated with the domain name will remain active. The customer of these other services will continue to be billed in accordance with the relevant terms and conditions.
6. We may require the applicant of a domain name (who upon registration, would become the Registrant) to supply accepted photo identification (valid passport or drivers license) to verify their identity.
7. You agree to indemnify and hold harmless ICANN and the relevant Registry, and each parties’ officers, employees and agents from and against all liability to any third parties (including without limitation, any Registrants of yours) and associated costs in defending any action, claim, proceeding or demand by a third party to the extent to which liability or the claim arises from or in connection with access to our systems or use of our Services under the Agreement.

3. TLD Specific Terms

The following provision apply to this Registration Agreement depending on the TLD space of the domain name:

1. .com.au and .net.au domains can only be registered by an Australian registered company, or business with a registered business number (ABN, BRN, BN). You will need to supply this number during the order process. The domain name you order will need to be an exact match, acronym or abbreviation of the supplied business registration, or it should bear a close and substantial connection to the domain name. Domains can be two to 63 letters in length. Words can be separated by hyphens but not spaces. View the .au Domain Registrant Agreement
2. .org.au and .asn.au can only be registered by a “non-commercial organisation”. The domain name you register needs to have a solid relationship to the organisation to which it represents. View the .au Domain Registrant Agreement
3. .id.au is intended for individuals who reside in Australia. It can be an exact match, abbreviation or acronym of registrant’s personal name or otherwise closely connected to the registrant. View the .au Domain Registrant Agreement
4. .com and .net domain names are not restricted and can be registered by anyone. View the .com, .net Domain Registrant Agreement
5. .biz, .org and .info domain names are not restricted and can be registered by anyone. View the .biz, .org, .info Domain Registrant Agreement
6. New gTLD domain names include a number of generic spaces (.photography, .technology, .club etc.) and certain geographical names (.kiwi, .melbourne etc.). Eligibility restrictions may apply to each space — please check on our website and the New gTLD Domain Registration Agreement for further information. View the New gTLD Domain Registration Agreement
7. .nz domains are intended for people in, or with ties to, New Zealand. Anyone can register them – there are no restrictions on .nz domain names. View the .nz Domain Registrant Agreement
8. .uk domains are intended for people in, or with ties to, the United Kingdom. Anyone can register them – there are no restrictions on .uk domain names. View the .uk Domain Registrant Agreement
9. .mobi domains are intended for websites designed for a mobile device. Anyone can register them – there are no restrictions on .mobi domain names.
10. .cn domains can no longer be registered in Australia. This information is for reference purposes only. View the .cn Domain Registrant Agreement

4. ICANN Mandated Terms and Materials

TPP Wholesale is accredited by ICANN to provide registrar services for gTLD domain name spaces. As part of that accreditation, we are required to incorporate mandatory terms and materials into our Terms and Conditions. When you submit an application to register a gTLD domain name with us, you are stating that you have read and understood the following documents, and you agree to be bound by them:

1. Mandated Provisions for gTLD Domain Name Registrations
2. Registrants Benefits and Responsibilities

5. Renewal / Expiration of the Domain Name License

TPP Wholesale will send certain domain expiration notices by email to you prior to and following (where applicable) the Expiry Date of the domain name license, as required by ICANN’s Expired Registration Recovery Policy. If you have selected the auto-renewal option, we will attempt to renew your domain name prior to its expiration. Where you have not elected to have your domain name automatically renewed, you may renew your domain name with TPP Wholesale at any time before the date 40 days after the Expiry Date (Renewal Deadline). You acknowledge that certain registry authorities offer a further period after the Renewal Deadline during which a registrant may renew their domain name before it is available for re-registration by other parties. If your domain name has not otherwise been dealt with under the terms of this Registration Agreement, your domain name will be cancelled at the registry after which you may be eligible for a further 30 day Registry Redemption Grace Period during which you may redeem your domain name by paying to us the redemption fee.

B. Web Hosting and Email

1. You agree to accept additional charges for the transit of IP traffic above and beyond the amount specified as a limit in any Service plan. All excess data will be charged at the rate of 5.5c/MB to the nearest whole MB. These charges will fall due at the completion of the calendar month on normal trading terms of 14 days from invoice. We will provide an online interface allowing authorised users to monitor website data traffic.

2. The hosting service plans disk space pertains only to files required for the normal operation of your website, and which are linked to in that website. Our website hosting plans are expressly prohibited from use as an online file repository.

3. Any site that uses greater than 89,000 inodes (every file on your hosting account uses 1 inode), or that create file system damage by the rapid creation of large volumes of files, will be subject to review and possible suspension.

4. For hosting service plans which specify UNLIMITED data transfer, should your site exceed burst (or ongoing) data transit of greater than 5Mb/sec, or otherwise degrade the network performance for other users, the account will be subject to review and possible suspension.

5. For any service plan which specifies UNLIMITED email accounts, should the mail boxes associated with your account exceed more than 1,000,000 aggregate messages, the account will be subject to review and possible suspension.

6. All hosting plans are subject to general resource and usage monitoring. Any action or process that consumes resources beyond a reasonable level and thus degrading the shared environment for other users is expressly prohibited: This includes but is not limited to:

7. Running standalone, automated server-side processes including, but not limited to any daemon:

1. running any bit torrent application, tracker or client;
2. participating in file sharing or other peer to peer sharing activity;
3. executing any script for longer than 180 seconds;
4. executing any database query that takes longer than 30 seconds to complete;
5. specifying cron tasks that execute more frequently than every 300 seconds.

8. For any service plan that includes “Professional Email” powered by Microsoft Office 365, the following terms apply:

1. Professional Email comprises of an email hosting facility operated by our supplier Microsoft Corporation (Microsoft) in conjunction with a domain name registered and supplied separately by you (Supplied Domain Name). Depending on your service plan, the Service may also include software licences for Microsoft products (Microsoft Software) which will be available to you during the term of Service and revoked at the termination of Service.
2. You acknowledge and accept that it is your responsibility to register, maintain and renew the Supplied Domain Name associated with the Service. Should the Supplied Domain Name expire or fail for any reason causing the functioning of the Service to be affected, you agree that you will remain liable for any ongoing Service fees.
3. We will setup and provision your desired email address mailboxes (Mailboxes) on the Service using the Supplied Domain Name and notify you once this has completed. If you wish to add or remove Mailboxes from the Supplied Domain Name, you must contact us to provision such changes. Creation/deletion/modification of Mailboxes may take up to 3 business days to process. Additional charges may apply to add Mailboxes to your Service. Alias email addresses (in which one Mailbox can have multiple email addresses) is not supported with this Service.
4. You acknowledge and agree that due to technical limitations, the Supplied Domain Name will be configured to operate exclusively with this Service and cannot be used with any other email hosting facility.
5. This Service does not include data migration support. You acknowledge and accept that it is your responsibility to backup and migrate data between this Service and any other email hosting facility. You agree that we are not responsible for any data loss that may occur during the provisioning of this Service or data migration to/from this Service.
6. We will provide you with technical support to setup, access and use your Mailboxes as part of this Service. You acknowledge and agree that technical support for Microsoft Software may be limited to online resources only.
7. You acknowledge you have read and agree to be bound by:
   1. The Microsoft Cloud Agreement; and
   2. any other terms by Microsoft related to this Service;
8. You warrant that:
   1. you have all necessary rights to any software, services or data you may use with this Service; and
   2. your access and use of this Service will not infringe any applicable laws or regulations or third party’s intellectual property rights.
9. You acknowledge and consent to Microsoft receiving, accessing, transferring, processing and disclosing your personal information and data as required to provide the Service to you in accordance with these Service Terms.
10. You acknowledge and agree that Microsoft and any affiliated/related entity has the right to require due performance of these Service Terms.

C. Web Design

1. You agree that in the provision of web design services by us we may utilise the services of third party contractors, and that we may pass on to such contractors any information or materials, including design brief and content, provided to us by you.

2. You are responsible for keeping a copy of any existing Web Site which we may replace pursuant to the provision of web design services including all databases and hosted files.

3. We are not responsible for the contents of any Web Site we design for you, and upon publication you must satisfy yourselves that the Web Site will comply with all applicable laws, and codes of practice governing the use of Web Sites and related services. This includes the intellectual property and copyright ownership of all material that you have provided to us. We are similarly not responsible for your subsequent use of the site and your compliance of various commonwealth and state legislations.

Additional Terms for Tailored Websites

4. All website content must be provided by you within 1 calendar month of invoice (project commencement). If your data is not supplied within 1 month, we reserve the right to place your project on administrative hold. If no data is supplied within 2 months of invoice, the project will be cancelled and subject to cancellation fees.

5. You must provide complete feedback within 7 calendar days during design concept and production review. If no feedback is provided within this time, we reserve the right to move forward with the project, assuming no changes have been requested and that work is accepted in its current form. Any changes requested past this time are subject to our standard rates of $150 per hour or part thereof.

6. You may request an Administrative Hold of your project for up to 6 months at a cost of $100. We will stop working on the project until you advise us that you are ready to move forward. If the project is placed on hold for more than 6 months, we will terminate the project and all monies paid by you to us will be forfeited, with no refunds available.

7. If you are unhappy with your site design, you may request additional layout concepts, at a cost of $150 per layout, with full payment required upfront.

8. Once your website has been published, we will review and repair any pre-existing code errors and/or bugs in the website if reported within 30 days of publishing. Any cosmetic changes or alterations, or code errors reported outside of this time period will be subject to additional charges at our standard commercial rates of $150 per hour or part thereof.

9. For website builds including open source third party CMS applications (such as WordPress, Joomla or OS Commerce), website owners agree to pro-actively monitor available releases of upgrades and/or patches to secure their applications from hackers and malicious scripts. We will provide an on-demand upgrade service for any such application at $150 per hour per upgrade.

10. We warrant that the website functions to the level agreed upon at point of sale only for the server configuration where development takes place. We cannot be held responsible for errors or functionality loss if the website is published and hosted on a server environment that does not match the development server specifications.

Additional conditions for Website Builder

11. There are no refunds or credits available to template based design services. Any template based design service sold as part of a package deal is not transferable or redeemable for cash or other services. It cannot be provided on an alternate domain name.

12. Template based design services are only available on domain names holding an active hosting service. The service level required for the product needs to be ‘Business Hosting’ or above.

13. You will be able to select from a range of pre-existing website templates, and provide customised content (text and images) for population within the website. No alteration or modification to the design template is available.

Additional conditions for Do It For Me Website

14. Service

1. The Service includes the building and customisation of a website for you (including populating with customised content) (Website) and ongoing support of the Website (on a monthly basis and subject to payment of the monthly fees).
2. Specifications of your Website will be determined by your selected Service plan. The building and customisation of the Website includes the following:
   1. design based on inputs and instructions delivered by you (except where clause 14(d) applies);
   2. adding (including reformatting and resizing) (i) any logo provided by you (or creating a simple type based alternative), or (ii) images provided by you;
   3. adding copy provided by you, or writing unique copy based on inputs from you;
   4. changing the design and layout or functionality of any page or the skin (i.e. colour and fonts) based on your review;
   5. editing the search engine optimisation meta-data used to optimise the Website for search engines;
   6. integrating any supported social media and video assets you request; and
   7. basic set up of e-commerce features and functionality.
3. Optional add-ons to add further components or functionality to your Website can also be purchased subject to additional fees (Add-ons). Add-ons will automatically renew on a monthly basis (unless specified otherwise) until they are cancelled by you or the Service is terminated. Full details of Add-ons can be found in the Service plan description.
4. You may supply us with Content for customisation of your Website. All Content must be submitted to us as requested.
5. If you do not provide adequate Content or point to an existing website or other source of materials, we may proceed to build the Website utilising category specific pre-produced photos from our Content Library, which may be customise based on the details provided by you (e.g. contact details, description of your business and other relevant information).Should your selected Service plan include compatibility for a payment gateway system (Gateway), you agree and acknowledge that:
   1. it is your responsibility to select, set up and manage a Gateway which is compatible with our platforms;
   2. any fees or obligations concerning the Gateway is solely your responsibility; and
   3. we will not be responsible for any delays or impacts to the Service caused by the Gateway.
6. If you have any objections or resistance to proceeding with the build and customisation of the Website, or to the publication of the approved Website, you must notify us via email and specify the reasons for your objections or resistance (such to be reasonable, and genuine issues raised in good faith). We will investigate those reasons, and attempt to resolve your issues and concerns. If a resolution is unable to be agreed within seven (7) calendar days from the day on which we became aware of your objections, then either party may cancel the Service.
7. Completion of the build and customisation of the Website in a timely manner depends upon your responsiveness to any of our requests, and where applicable, provision of timely and complete feedback or approvals. We are not responsible for any delays in provisioning the Service which occur as a result of your failure to respond as requested or required.

15. Publication of Website

1. We’ll provide you with an opportunity to review the built Website, and provide us with any revision requests or approve the Website. If the Website is approved, or we receive no response from you within five (5) business days of our request, it will be published on the Internet to the domain name you have provided. The publication of the Website completes our obligations to you under these Service Terms, other than in respect of (i) our ongoing relationship as a service provider for the Website hosting and email components of the Service, and (ii) and the ongoing support of that Website (subject to your payment of ongoing monthly fees for the Service).
2. You agree you are solely responsible for the back-up of any data, websites or information (including without limitation email files, databases, hosted files etc.) which may be replaced pursuant to the provision of the Services (including without limitation as a result of the publishing of your Website.

16. Terms for Website Hosting and Email Services
Clauses B and C applies to the Website hosting and email components of the Service.

17. Intellectual Property

1. You are solely responsible for ensuring that you have all appropriate rights and licenses to the Content supplied and utilised in the Website. All Content must be submitted electronically, should be copies and not originals, and should be of a high quality standard. Should any files be too large for electronic delivery, you must make arrangements for these to be delivered to us. We reserve the right, in our sole discretion, to refuse to use any Content we believe is objectionable or may infringe upon the intellectual property rights of others, or would be in breach of our Acceptable Use Policy. Unless we have otherwise expressly agreed, we will not return any Content to you, and you are responsible for maintaining back-up copies of all submitted Content. Under no circumstances will we be responsible or liable for any loss of, or damage to, any of your Content.
2. TPP Wholesale claims no ownership over your Content. You expressly grant us, and our supplier, a worldwide, perpetual, irrevocable, non-exclusive, royalty-free licence to cache the entirety of the Website (including your Content). You agree that any such caching is not an infringement of any of your intellectual property rights or any third party’s intellectual property rights.
3. Additionally, you grant us, and our supplier, a worldwide, perpetual, royalty-free, and sub-licensable license to:
   1. use in connection with producing the Website and delivering the Service, any Content and any pictures, images and voice recordings of the Client’s facilities, properties or products or its employees, agents or clients where created by us (or our supplier)(if any) in the course of provisioning the Service (for clarity, also “Content”); and
   2. create, publish and use screenshots or depictions of your Website (including any Content) for our marketing activities (for example, creating marketing materials that show screenshots of the Service in which the Website (including any Content) is featured). You may withdraw consent to this use by notifying us in writing at [email protected], and we will take reasonable steps to process your removal request.
4. You represent and warrant that:
   1. you have full rights to use, broadcast and distribute the Content and documentary substantiation for all the claims made therein;
   2. Content is truthful and not misrepresentative or misleading and does not plagiarise, libel, defame or harm any party;
   3. your use of the Service will not invade the rights of privacy of any third party or otherwise infringe upon or violate the rights or property interests of any third party; and
   4. you will not use the Service except as permitted by these Service Terms.
5. You agree you are responsible for obtaining any agreements and/or consents required of any third parties in connection with the grant of any licences to us (or our supplier) under this Service Terms.
6. To the extent your Website contains any copy, images (including logos or photos), or any other content or material from our Content Library (Library Material), then we grant you a royalty-free, non-exclusive, revocable, worldwide license to, for the term of the Service,:
   1. use such Library Material on your Website; and
   2. use and create derivatives of your Website (which includes Library Material) in connection with advertising activities relating to you.
7. Other than permitted under clause 17(f), you may not copy, modify, distribute, decompile, sell, rent, sublicense or translate any Library Material or grant any other person or entity the right to do so. Ownership of all Library Material shall remain at all times us or our supplier (or the relevant third party).
8. Any Websites delivered by us under the Service are without any representation or warranty as to your ability to obtain trademark, copyright, or similar protections in any jurisdiction throughout the world. We expressly disclaim (i) all liability to you or any third party for any infringement of intellectual property or proprietary rights; and (ii) that we will be responsible for, or provide any advice or guidance in respect of, any potential intellectual property rights issues which may arise from your use of the Service (including without limitation the use of Content in your Website).
9. We are not responsible for any Content contained in your Website, nor are we responsible for your use of the Website. You are solely responsible for ensuring your Website complies will all applicable laws and regulations, and does not infringe any third party’s rights, at all times.
10. Your access to, and continued use of, the Website is contingent upon, and at all times subject to, payment of the monthly fees for the Service. Except as otherwise expressly stated in these Service Terms, no other rights, titles or interests in the Website are granted to you.

18. Indemnity

1. You agree to indemnify and hold harmless TPP Wholesale, and its supplier, and their affiliates and their respective officers, agents, partners, directors, shareholders, suppliers, and employees from and against any loss, damages, liabilities, claims, demands, suits, expenses, including reasonable attorneys’ fees, which any such party may incur arising out of or relating to:
   1. content or your modification, display and use of the Website;
   2. claims that your products or services are defective, injurious or harmful or violate the rights of any third parties;
   3. claims relating to any Gateway; and
   4. claims predicated on a breach by you of these Service Terms or the Contract.

19. Cancellation and Termination

1. You may cancel the Service at any time upon written notice to us. Cancellation will automatically terminate (i) all access to the Website, and (ii)the Website hosting and email components. Cancellation of the Service will not result in cancellation of any other associated TPP Wholesale services (eg. email services, SSL certificates etc.). Refunds do not apply for cancellations under this clause 19(a).
2. On cancellation or termination of the Service, all licenses granted to you under these Service Terms shall immediately terminate.
3. In addition to any other obligation in these Service Terms, upon cancellation or termination of this Service, we may delete all data, including any content, files (including, without limitation, email files, if applicable) from our systems (including any storage media) without any liability to you whatsoever.

20. Definitions

1. Content means any logos, pictures, slogans, art, Customer Data and other materials provided to us in connection with the Service, or which are uploaded/added by you directly through your use of the Service.
2. Content Library means a repository of pre-produced photos, images, logos, videos and other materials (which may include licensed third party materials).
3. Customer Data means all information regarding you (including without limitation any listing details, trade name, trade address, phone number, website address, contact information (including telephone, email or other), primary email address(es), contact name etc.) provided by you in connection with the Service.

D. Search Engine Optimisation

1. Whilst we will try to improve the position of your Web Site in the Search Engine results in response to a search request, we do not warrant that this effort will be successful.

2. We cannot be held responsible for any changes to the position of your Web Site in the Search Engines results pursuant to the provision of search engine optimisation services by us.

3. By participating in the Traffic Accelerator program, your site will be updated with recommended links as part of our Link Building program. You are responsible for reviewing these changes and advising us to remove any which you deem are not suitable. We will endeavour to remove any links you nominate within 24 working hours.

4. The sale of search engine optimisation services are final, and no refunds or credits are available upon commencement of the program.

5. The Traffic Accelerator program can be placed on hold for up to a maximum of 3 months. Beyond this point billing will resume as per the original outlined billing period / fee. If you wish to place the program on hold for a period that exceeds 3 months, then you will need to cancel and re-subscribe at a later date.

6. For The Traffic Accelerator Pro service, implementation of search engine optimisation recommendations are included in the service fee. Changes to the website that have not being recommended by an Online Marketing Consultant are not included in the service fee and may attracted an additional charge at our standard rate of $150 per hour.

E. Search Engine Advertising

1. We will use best endeavours to spend your monthly advertising budget responsibly. Fluctuations in search traffic mean we cannot guarantee it will always be spent in its entirety. Underspend from one month will be rolled over into a future month.

2. We do not offer refunds or credits for other services of your unspent monthly budget.

3. The monthly Adspend budget you have agreed to will be charged each month in advance, regardless of actual Adspend in the previous month. You may vary this plan up or down in advance, without penalty, to suit your marketing needs. This cannot be varied after billing has commenced for the period.

4. Whilst we follow best practice to bring qualified traffic to your website, we do not guarantee that search engine advertising services will increase third party traffic to your website or that such traffic will increase business sales or enquiries.

5. Setup fees for PPC Setup, Management, Adspend and Landing Pages are payable in advance automatically, either by credit card or direct debit. Setups and Ads will not commence serving until the appropriate invoicing is paid in advance.

6. Payment terms and payment plans are not available and invoicing is not retrospective.

7. You authorise your credit card to be debited with Management Fees (initial contract period as a lump sum, then monthly, in advance) and Adspend each month, monthly in advance. You authorise us to debit your credit card with such account charges and fees as are due and payable at that time. Using this as authority until the agreed service is cancelled.

8. Termination: should you wish to suspend the service after the initial contract period (3, 6 or 12 months), it must be cancelled via The Console account at least one (1) business day before the end of the current monthly billing cycle, otherwise this agreement will roll on a monthly basis. The standard monthly billing cycle starts on the day that your Ads commenced serving. Your instructions in relation to the operation of the Search Engine Advertising services will be provided by way of logging in to The Console account at https://theconsole.tppwholesale.com.au and no verbal instruction system will form an amendment, alteration, direction or consent in any matter. No refund or credit for other services will be provided for any outstanding days of Management or Adspend for the remainder of the current monthly billing cycle.

9. We do not manage Google AdWords inside existing accounts. If you have an existing AdWords account, we will suspend it at the same time as your new account goes live. It can take Google some weeks for billing on your original account to be finalised.

10. As a Google AdWords Premier SMB Partner, we will abide by Google AdWords Third Party Terms, thus ensuring the media spend will be spent on behalf of you the clients.

F. Virtual Private Server

Acceptable Use

1. We reserve the right to suspend your service if you breach our Acceptable Use Policy and to terminate your service in the event of 3 suspensions of the service as a result of your failure to resolve issues that we have brought to your attention.

2. You will be charged for data traffic above and beyond the amount included you your plan. Excess traffic will be charged at the rate of $10/GB to the nearest whole GB.

3. The following activities are expressly prohibited:

1. Any action or process that unreasonably consumes resources and degrades the shared environment for other users including but not limited to execution of scripts;
2. Running standalone, automated server-side processes including but not limited to any daemon;
3. Running any bit torrent application, tracker or client;
4. Participating in file sharing or other peer to peer sharing activity
5. Executing any script for longer than 180 seconds;
6. Executing any database query that takes longer than 30 seconds to complete;
7. Specifying cron tasks that execute more frequently than every 300 seconds.

Service Levels

4. We warrant that your uptime availability will be at least 99.9% except where failure results from:

1. Failure or malfunction in relation to any device or equipment, any software or power supply outside our control, unless caused by our wrongful act or omission;
2. Your act or omission or that of a person under your direction or control;
3. Scheduled maintenance completed within the notified maintenance window;
4. A requirement, direction or any other order issued by an authority with jurisdiction over the service;
5. Unauthorised or illegal access by any third party to the systems used to provide the services including hacking, cracking, virus dissemination and denial of service attacks.

5. The uptime service level is not met if:

1. Router packet loss is in excess of 50% and is sustained for 120 seconds or more;
2. Latency across the our network exceeds 120 milliseconds, for longer than 300 seconds.

6. As your sole remedy for failure to meet the uptime service level, we will credit your account with a percentage of the monthly service fees as set out below:

7. Processing of your claim will only occur upon the formal request from the customer via written correspondence through approved support channels. This request will only be accepted if it is made within the same calendar month as the relevant incident.

8. At your request, we will investigate any report of downtime, and attempt to remedy any downtime expeditiously. If we reasonably determine that all facilities, systems and equipment are functioning properly, and that downtime arose from some other cause, we can continue to investigate the downtime at your request and expense.

Support Services

9. Your service is defined as “unmanaged” unless specified otherwise. We will provide base installation of your operating system, network access and remote access via SSH or terminal services. You are responsible for management of the services beyond the initial deployment. Your responsibilities include but are not limited to updates, additional software installations or integrations.

10. Your obligations include:

1. Documentation and prompt reporting of all errors or malfunctions of the hardware or software to us;
   

   Outage (in hours)	Service Credit (percentage of monthly fees)
   <0.7 – 7.2	10%
   <7.2 – 14.4	20%
   <14.4 – 21.6	40%
   <21.6 – 28.8	60%
   <28.8	80%

2. Maintenance of a current archive copy of all software and data. In the event of a critical system failure, we will restore systems to the original configuration and you will be responsible for restoration of data.
3. Maintaining security of your network and applications;
4. Performing the role of “system administrator” which includes collection of tasks related to utilising system software; maintaining users, websites, email setting; configuration of databases; uploading content and any and all associated programming.

11. You acknowledge:

1. Microsoft Windows and Linux operating systems tougher with any third party software may contain bugs. We provide no warranty in respect of the stability or security of the system for any particular function;
2. Technical support is limited to hardware and network failures, unless you have acquired VSP Admin Services. Support relating to software or code is a billable professional service with a minimum charge of 1 hour.

12. We may designate for your use on a temporary basis IP addresses from the address space allocated to us by APNIC. You accept that the IP addresses are our sole property and are not portable if and when your service is terminated. We reserve the right to change IP addresses allocated to you at any time but will use reasonable commercial efforts to minimise any inconvenience to you.

G. SSL Certificates

1. Domain Specific SSL Keys require a stand-alone IP Address to which the SSL key can be attached.

2. We provision digital certificates via the Certification Authority, Geotrust. If you are purchasing or renewing a digital certificate or seal, you agree you accept the relevant terms and conditions of GeoTrust which is located at http://www.geotrust.com/resources/repository/legal/