Terms & Conditions

Clear Cut Web Hosting Terms & Conditions

Updated August 2015

 

  1.  Terminology

  2.  Terms of Service

  3.  Disclosure

  4.  Service Rates and Promotional Offers

  5.  Payment

  6.  Late Payments and Fees

  7.  Refunds

  8.  Failure to Pay

  9.  Account Cancellation

  10.  cPanel Migration Request

  11.  Nightly Backups and Data Management

  12.  Domain Name Registration and Renewal

  13.  Virtual Server Management

  14.  Offsite Backups

  15.  Emails to the Subscriber

  16.  Managed WordPress Hosting

  17.  Managed Joomla Hosting

  18.  CCWH Website Design and Development

  19.  Service Interruption

  20.  Support Boundaries

  21.  SPAM and Unsolicited Commercial Email (UCE)

  22.  Network

  23.  Notification of Violation

  24.  Suspension of Service or Cancellation

  25.  Indemnification

  26.  Miscellaneous Provisions

  27.  Responsibility for Content

  28.  Governing Laws

     

1. Terminology

1.1. For the purposes of this agreement the terms “CCWH”, “Clear Cut Web Hosting”, “We”, “Our” and “Us” refer to the company Clear Cut Web Design ABN 70 365 534 574, and “Site” to materials delivered on www.ccwd.com.au, and www.ccwh.com.au.

1.2. “Subscriber” means the person or entity who placed the order for our services.

1.3. Copyright in the content and trademarks on this Site are owned by Clear Cut Web Design ABN 70 365 534 574, unless otherwise indicated and you agree not to infringe any intellectual property rights owned by Clear Cut Web Design.

2. Terms of Service

2.1. CCWH's general policy is to act as a neutral provider of access to the global Internet. CCWH reserves the right to suspend or cancel a Subscribers access to any or all services provided by CCWH when CCWH decides that the account has been used inappropriately.

2.2. All provisions of this agreement are subject to the Terms and Conditions (T&Cs) as outlined in the document and Privacy Policy (PP) of CCWH. The T&Cs and/or PP may be changed from time to time at the discretion of CCWH, and such modifications shall be effective immediately upon posting the modified agreement on the Site.

2.3. CCWH agrees to furnish services to the Subscriber, subject to the following Terms of Service (T&Cs). Submitting an order for CCWHs services constitutes acceptance and agreement to CCWH’s T&Cs, as well as CCWH’s PP.

2.4. CCWH reserves the right to refuse orders from Subscribers, at the sole discretion of CCWH management.

3. Disclosure

3.1. The PP specifically prohibits the use of our service for illegal activities. Therefore, the Subscriber agrees that CCWH may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition CCWH maintains the right to terminate all services set forth in this Agreement.

4. Service Rates and Promotional Offers

4.1. The Subscriber acknowledges that the nature of the service delivered and the initial rates and charges have been communicated to the Subscriber. The Subscriber is aware that CCWH may prospectively change the specified rates and charges from time to time.

4.2. All promotional offers are contingent upon CCWH achieving and maintaining its cost of service goals including, but not limited to, rates charged to CCWH by its suppliers.

4.3. A CCWH promotional offer will not be applied to a domain name registration or transfer, unless the promotional offer specifically states that the offer is for a domain name registration or transfer.

4.4. All published prices are inclusive of any government taxes and charges unless otherwise noted.

5. Payment

5.1. Establishment of this service is dependent upon receipt by CCWH of payment of stated charges. Subsequent payments are due on the anniversary date of the Subscribers service.

5.2. Fees for Services ordered by the Subscriber shall begin on the date of the initial order and shall be prorated to include all days until the Subscribers anniversary date.

5.3. Fees are due in advance of the billing cycle and will be invoiced to the Subscriber fourteen (14) days prior to the due date.

5.4. If a credit card is stored on the account, it will be charged 5 days before the invoice due date to allow time for any potential issues to be rectified before the due date.

5.5. The Subscriber is responsible for all outstanding charges on the account.

5.6. All invoices will be sent directly to the Subscriber via e-mail and will be deemed to have been delivered if no bounce back is received.

5.7. CCWH reserves the right to automatically settle the Subscribers due invoices immediately using the Subscribers account credit where applicable.

5.8. The Subscriber acknowledges that CCWH refuses the right to refund any credit remaining on the Subscribers account.

6. Late Payments and Fees

6.1. A subscribers service will be suspended if payment reaches five (5) days past due.

6.2. All services which are three (4) days past the due date will automatically attract an overdue fee that is equal to 10% of the total balance of the Subscribers due invoice, which will be payable on top of the invoice due amount.

6.3. All services which are not paid in full within fourteen (14) days of the due date will be automatically deleted from our servers.

6.4. If you desire to cancel your service, please follow the proper procedure to do this as outlined in this T&Cs.

6.5. If you desire to downgrade your service, a $29.99 administration fee may be charged for a downgrade request at CCWH’s sole discretion. Additional fees may be payable for downgrades where manual work is required by CCWH to process the downgrade request.

7. Refunds

7.1. A full refund will be provided to the Subscriber, through the Subscribers original payment method, if the refund is requested via an Accounts and Billing Department eTicket within thirty (30) days of the order being placed. Payments to CCWH for Web Hosting plans, Reseller Hosting plans, Email Hosting plans, Managed WordPress Hosting plans, Magento Hosting plans, VPS Hosting Plans and VDS Hosting plans, are eligible for a refund.

7.2. Payments for any type of license, SSL certificate, and domain name are strictly non-refundable in any circumstances.

7.3. All refunds are subject to CCWH’s management approval.

7.4. The Subscriber will not be entitled to a refund if any of CCWH’s Terms, Policies and Agreements have been breached by the Subscriber.

8. Failure to Pay

8.1. CCWH may temporarily deny service or terminate this Agreement upon the failure of the Subscriber to pay charges when due.

9. Account Cancellation

9.1. All requests for cancelling of accounts must be made through the cancellation area in the User Area.

10. cPanel Migration Request

10.1. The cPanel Migration Request is available to Web Hosting, Email Hosting, and VPS andclients.

10.2.1 The cPanel Migration Request must be submitted via logging into the User Area account.


10.2.2 The Subscriber acknowledges that CCWH aims to initiate all cPanel account migrations within 24 business hours (AWST) of receiving the request via the link above.


10.2.3 The Subscriber acknowledges that all cPanel account migrations will occur between 9AM(EST) and 5PM(EST) unless stated otherwise by a CCWH Representative.


10.2.4 The Subscriber acknowledges that CCWH does not guarantee the time in which the cPanel Account Migration will complete due to external factors such a network rate limits in place, and resource limits in place by the Subscribers previous host.

10.3.1 CCWH will migrate 1 existing cPanel account for each Web Hosting and Email service ordered with CCWH.


10.3.2 Where a Subscriber has ordered a VPS, CCWH will migrate a maximum of 20 existing cPanel accounts per calendar month. Additional cPanel Account Migrations will be charged at a rate of $5 for each additional cPanel account to be migrated.


10.3.3 The Free cPanel Migration offered by CCWH to Subscribers with a Web Hosting, and Email Hosting service does not include a migration from non-cPanel control panels such as Plesk, or custom control panels. All non-cPanel migrations are charged at a $29.99 flat fee per account and must be approved before hand.

11. Nightly Backups and Data Management

11.1. CCWH performs a backup of all Web Hosting, Email Hosting, Managed WordPress Hosting and Magento Hosting accounts each night. The Subscriber acknowledges that CCWH stores each backup for strictly 14 days only. After 14 days the backup is deleted from CCWH’s servers. Backups are stored onto our offsite backup servers in Sydney, Australia.

11.2. A Subscriber can request a backup restore for their service by lodging a support ticket to the CCWH Support Department. A $49.99 flat rate applies for each service backup restore.

11.3. It is the responsibility of the Subscriber to maintain a recent copy of all data stored on the Subscribers CCWH service at all times. CCWH shall not be liable for corrupt, incomplete or otherwise insufficient data recovered from our backups.

12. Domain Name Registration and Renewal

12.1. The Subscriber acknowledges that all domain name service(s) are non-refundable once the order for the domain name service(s) has been accepted and processed by CCWH.

12.2. CCWH does not guarantee that a domain name registration or domain name renewal will be approved, irrespective of whether the invoice for the domain name has been paid. The Subscriber will be notified via email by CCWH that the domain name(s) has been successfully registered and is in the Subscribers name.

12.3. The Subscriber acknowledges that CCWH is not obligated to renew a domain name if the Subscriber has not confirmed to CCWH that the domain name is to be renewed, or the invoice for renewal has not been paid in full. CCWH will not be held liable by the Subscriber for any loss or damages.

12.4. The subscriber agrees that CCWH reserves the right to renew the Subscribers domain name(s) automatically unless the Subscriber has lodged a cancellation request for the domain name through the Origin Centre.

12.5. It is the Subscriber’s responsibility to ensure that the Admin, Technical and Billing contact information is kept up to date on every domain name. As per registry-registrar policy and agreements, CCWH will use this information to advise the Customer of any pending expiry, renewal or transfer requests.

13. Virtual Server Management

13.1. The Virtual Server Management plan is only valid for one VPS. If you require management for more than one VPS then additional Virtual Server Management will need to be purchased. Details of what is included in each Virtual Server Management plan can be viewed at in the user area.

13.2. Not all third party applications can be supported by CCWH hardware. CCWH does not guarantee support for any third party application installed on CCWH hardware.

14. Offsite Backups

14.1. CCWH do not maintain any back ups of VDS services unless an Offsite Backup Service Plan is purchased by the subscriber. CCWH strongly recommends that the Subscriber maintains their own independent offsite backups at regular intervals, regardless of whether the subscriber has purchased an Offsite Backup Service Plan or no Offsite Backup Service Plan has been purchased.

14.2. CCWH takes no responsibility for any data loss experienced in any circumstances, regardless of whether the subscriber has purchased a Total Management Plan or no Management Plan has been purchased.

14.3. When purchasing the CCWH VPS Management Plan, subscribers can manage their own backups and restore data from our control panel. CCWH does not guarantee the integrity of the data which is being backed up, and does not guarantee that the data will be in a restorable state. Backups are stored onto our offsite backup servers in Perth, Australia.

15. Emails to the Subscriber

15.1. The Subscriber agrees to receive emails directly relating to the Service(s) provided, as well as marketing and promotional emails from CCWH to the email address registered to their account. The Subscriber can unsubscribe from marketing and promotional emails only, by clicking the “Unsubscribe” link in one of these emails.

15.2. If the Subscriber does not want to receive emails relating to the Service(s) provided, they are required to cancel all active Services and close their Account.

16. Managed WordPress Hosting

16.1. The Subscriber agrees to notify CCWH at the time of initial registration, or before the first scheduled update if their site has any modified core files, or modified files of a WordPress plugin.

16.2. The Subscriber acknowledges that CCWH will use their best efforts to ensure that the Subscribers WordPress themes and plugins are updated in a timely manner. This may involve CCWH accessing the Subscribers WordPress admin area.

16.3. The Subscriber agrees that the Managed WordPress Hosting service aims to keep the Subscribers core WordPress files, Plugins, and Theme(s), up to date. The Subscriber acknowledges that CCWH will not be held liable for the Subscribers website being unavailable, or displaying errors, due to updates to the Subscribers WordPress core files, WordPress plugins, or WordPress Theme files.

16.4. The Subscriber agrees that CCWH will only update plugins and themes that are able to be updated via the Subscribers WordPress admin area. CCWH will not update any plugins or themes that are required to be updated by downloading a new version directly from the developer.

16.5. The Subscriber agrees that the Managed WordPress Hosting service does not cover Support for the modification of any website source code or other website files.

16.6. The Subscriber agrees that CCWH cannot guarantee absolute security of the Subscribers website. In the event that a Subscribers website becomes compromised, CCWH will use their best efforts to restore the website to the last known secure point.

17. Managed Joomla Hosting

17.1. The Subscriber agrees to notify CCWH at the time of initial registration, or before the first scheduled update if their site has any modified core files, or modified files of a WordPress plugin.

17.2. The Subscriber acknowledges that CCWH will use their best efforts to ensure that the Subscribers WordPress themes and plugins are updated in a timely manner. This may involve CCWH accessing the Subscribers WordPress admin area.

17.3. The Subscriber agrees that the Managed WordPress Hosting service aims to keep the Subscribers core WordPress files, Plugins, and Theme(s), up to date. The Subscriber acknowledges that CCWH will not be held liable for the Subscribers website being unavailable, or displaying errors, due to updates to the Subscribers WordPress core files, WordPress plugins, or WordPress Theme files.

17.4. The Subscriber agrees that CCWH will only update plugins and themes that are able to be updated via the Subscribers WordPress admin area. CCWH will not update any plugins or themes that are required to be updated by downloading a new version directly from the developer.

17.5. The Subscriber agrees that the Managed WordPress Hosting service does not cover Support for the modification of any website source code or other website files.

17.6. The Subscriber agrees that CCWH cannot guarantee absolute security of the Subscribers website. In the event that a Subscribers website becomes compromised, CCWH will use their best efforts to restore the website to the last known secure point.

18. CCWD Website Design and Development

18.1. Except for the content provided by you, the websites created by CCWD, and all such websites (including all copies thereof) are subject to copyright, trademark, patent, and other intellectual property laws of Australia and foreign countries.

18.2. CCWD grants the Subscriber the right to modify the code as they require. The Subscriber agrees that all website code, including, but not limited to, HTML source code, JavaScript and PHP, is the sole property of CCWD or affiliates of CCWD.

18.3. The Subscriber agrees that all website content must be managed by the Subscriber. CCWD may agree to do this for additional charges, if requested by the Subscriber.

19. Service Interruption

19.1. The Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons and interruptions can be prolonged due to external or internal events. Therefore, subscriber agrees that CCWH shall not be liable for any damages arising from such loss of service for any reason.

19.2. In no event shall CCWH be liable for any special or consequential damages, loss or injury.

20. Support Boundaries

20.1. CCWH provides support to the Subscriber. CCWH only ensures that the service is online and is remotely accessible. CCWH does not offer technical support for application specific issues such as CGI programming, HTML or any other such issue.

20.2. CCWH does not provide technical support for YOUR customers. If you need to contact the support team, we encourage you to use our Ticketing System, which can be found on the Contact Us page of our web site.

21. SPAM and Unsolicited Commercial Email (UCE)

21.1. CCWH takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that the Subscriber may not use or permit others to use our network to transact in UCE. The Subscriber may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.

21.2. Violation of CCWH’s SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, CCWH will initiate an immediate investigation (within 48 hours of notification). During the investigation, CCWH may restrict Subscriber access to the network to prevent further violations. If a Subscriber is found to be in violation of our SPAM policy, CCWH may, at its sole discretion, restrict, suspend or terminate the Subscriber’s account. Further, CCWH reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. CCWH will notify law enforcement officials if the violation is believed to be a criminal offense.

21.3. As our Subscribers are ultimately responsible for the actions of their clients over the network, it is advisable that Subscribers develop a similar, or stricter, policy for their clients.

21.4. Any Subcriber hosting websites or services on their server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their server immediately removed from our network. The service will not be reconnected until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the account to confirm that all material has been COMPLETELY removed.

21.4.1 Severe violations may result in immediate and permanent removal of the server from our network without notice to the customer. Any server guilty of a second violation WILL be immediately and permanently removed from our network without notice.

22. Network

22.1. IP Address Ownership: If CCWH assigns the Subscriber an Internet Protocol address for the Subcriber’s use, the right to use that Internet Protocol address shall belong only to CCWH, and the Subscriber shall have no right to use that Internet Protocol address except as permitted by in its sole discretion in connection with the Services.

22.2. During the term of this Agreement CCWH shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to the Subscriber, and reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion.

22.3. Our allocation of IP addresses is limited by APNIC’s new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible.

22.4. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting.

22.5. Bandwidth Usage: CCWH will monitor the Subscriber’s bandwidth. CCWH shall have the right to take corrective action if the Subscriber’s usage negatively impacts other clients.

22.6. System and Network Security: Users are prohibited from violating or attempting to violate the security of the Network. Violations of system or network security may result in civil or criminal liability. will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:

A. Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.

B. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.

C. Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, “flooding”, “mail bombing” or “crashing”.

D. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

E. Taking any action in order to obtain services to which such User is not entitled.

23. Notification of Violation

23.1. CCWH is under no duty to look at each customer’s or user’s activities to determine if a violation of the PP has occurred, nor do we assume any responsibility through our PP to monitor or police Internet-related activities.

23.2. First violation: Any User, which determines to have violated any element of this Acceptable Use Policy, shall receive an email, warning them of the violation. The service may be subject at CCWH’s discretion to a temporary suspension pending a User’s agreement in writing, to refrain from any further violations.

23.3. Second Violation: Users that determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.

23.4. We reserve the right, to drop the section of IP space involved in Spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer’s network, or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.

24. Suspension of Service or Cancellation

24.1. CCWH reserves the right to suspend network access to any Subscriber if in the judgement of the network administrators the Subscriber’s service is the source or target of the violation of any of the other terms of the PP or for any other reason which CCWH chooses.

24.2. If inappropriate activity is detected, all accounts of the Subscriber in question will be deactivated until an investigation is complete. Prior notification to the Subscriber is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The Subscriber will not be credited for the time the Subscriber’s service is suspended.

24.3. CCWH reserves the right to immediately suspend the service of a Subscriber without notice if, in the judgement of the network administrators, the Subscriber’s service is using excessive resources. A service is deemed to be using excessive resources when the Subscribers service is causing a negative effect on other Subscribers services, or using more resources then what is deemed reasonable by CCWHs network administrators. The Subscriber will not be credited for the time the Subscriber’s service is suspended.

24.4. If the Subscribers service is suspended, terminated or cancelled for any reason, CCWH is under no obligation to provide the Subscriber with a copy of any data associated with the service. CCWH may provide the Subscriber with a backup of the data, if it is available, for a fee of $99.99.

25. Indemnification

25.1. CCWH wishes to emphasize that in agreeing to the CCWH PP and T&Cs, the subscriber indemnifies CCWH for any violation of the PP and T&Cs that results in loss to CCWH or the bringing of any claim against CCWH by any third-party. This means that if CCWH is sued because of a subscriber’s, or a customer of a subscriber’s activity, the subscriber will pay any damages awarded against CCWH, plus all costs and attorney’s fees.

26. Miscellaneous Provisions

26.1. You must provide us with, and keep current, good contact information for your E-mail, fax, and telephone contacts. These contacts are used, in that order of preference, by CCWH as a point of contact for the Subscriber.

26.2. A waiver by CCWH of any breach, of any provision, of this agreement by the Subscriber shall not operate as, or be construed as, a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.

26.3. The Subscriber shall not transfer or assign this agreement without the prior written consent of CCWH. CCWH may assign this agreement at anytime without consent from or notice to the Subscriber. CCWH reserves right to cancel the Subscribers rights under this contract at anytime without further obligation.

26.4. CCWH takes no responsibility for any material input by others and not posted to the CCWH Network by CCWH. CCWH is not responsible for the content of any other websites linked to the CCWH Network; links are provided as Internet navigation tools only. CCWH disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or entity’s violation of this policy.

26.5. CCWH is not responsible for any damages your business may suffer. CCWH does not make implied or written warranties for any of our services. CCWH denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by CCWH.

27. Responsibility for Content

27.1. You, as the Subscriber, are solely responsible for the content stored on and served by your CCWH account.

27.2. We recommend that all Subscribers back up the data stored on their CCWH account at regular intervals, regardless of whether the Subscriber has purchased a back up service from CCWH or not.

28. Governing Laws

28.1. The agreement between you and CCWH shall be governed in all respects by the laws of NSW, Australia. The parties to irrevocably submit to the non-exclusive jurisdiction of the courts of NSW, Australia.

28.2. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of each section.

 

If you have any questions or comments regarding our Terms of Service, then please contact us.

 

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