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Terms & Conditions - General

The following terms and conditions apply to the provision of all services:

Service availability

  • We shall use reasonable endeavours to provide continuing availability of our server inffrastructure and services but we shall not, in any event, be liable for interruptions or down time of the Server.
  • In no event will we be liable to you for loss of data, or the inability to retrieve data, resulting from or incidental to the use of any service.

Service Level Policy

Netfleet operate on business days from Monday to Friday, 8am to 6pm.  You can Contact Us and we will respond within two business days.  Our postal address is:

NetAlliance Pty Ltd trading as Netfleet.com.au
Level 4
1-3 Smail Street
Ultimo, Sydney
NSW 2007

ABN 98 134 314 373 / ACN 134 314 373

Intellectual property rights and other consents

You are solely responsible for obtaining any and all necessary intellectual property rights clearances and/or other consents and authorisations, including without limitation, clearances and/or consents in respect of your proposed domain name and merchant services agreements between you and the relevant financial institutions.

Indemnity

You agree to indemnify and keep indemnified and hold us harmless from and against any claim brought against us by a third party resulting from the provision of Services by us to you and your use of the Server, and in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities, whatsoever suffered and howsoever incurred by us in consequence of your breach or non-observance of these terms.

Termination

  • We may terminate this agreement forthwith if you fail to pay any sums due to us as they fall due. We may suspend all services within an account prior to termination should any invoice in the account be outside of our trading terms.
  • We may terminate this agreement immediately if you breach any of these terms and conditions, or if you are a company you go into insolvent liquidation, or if you are a person you are declared bankrupt.
  • We may also terminate this agreement with immediate effect if you fail to comply with the End User Agreement (EUA) of a third-party supplier (Supplier)
  • On termination of this agreement we shall also be entitled to immediately cease any of our other Services to you without holding any backup data for retrieval by you.
  • Without limiting the section below on our Exclusion and limitation of liability, Netfleet will not be liable to you for any cost, expense, damage or loss whatsoever for terminating this agreement.
  • Netfleet does not offer refunds or credits for new purchases in the event of termination or cancellation of these services.

Payment

  • All charges payable by you to us for the Services shall be in accordance with the relevant scale of charges and rates published from time to time by us on our Web site and explicitly on the invoice shall be due immediately.
  • The provision by us of the Services is contingent upon our having received payment in full from you in respect of the relevant Services. Without prejudice to our other rights and remedies under this agreement, if any sum payable is not paid on or before the due date, we reserve the right, forthwith and at our sole discretion, to suspend the provision of Services to you.
  • If you fail to make payment within the terms of this agreement, you will become liable for the cost of collection. This will include interest on any overdue amount, calculated at the daily rate of 12% per annum, from the due date of the payment.
  • Upon provision of a credit card account, you give us authorisation to automatically debit your credit card for all charges on issuance of a valid invoice.

Exclusion and limitation of liability

  • TO THE FULL EXTENT PERMITTED BY LAW WE HEREBY EXCLUDE ALL CONDITIONS AND WARRANTIES NOT EXPRESSLY SET OUT HEREIN. EXCEPT AS SPECIFICALLY SET FORTH IN ELSEWHERE IN THIS AGREEMENT, WE MAKE OR GIVE NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE, WITH RESPECT TO ANY GOODS OR SERVICES PROVIDED UNDER OR INCIDENTAL TO THIS AGREEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US, OUR RESELLERS, AGENTS, REPRESENTATIVES OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THE EXPRESS WARRANTIES HEREBY GIVEN, AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
  • Our total aggregate liability to you for any claim in contract, tort, negligence, equity or otherwise arising out of or in connection with the provision of the Services shall be limited to the charges paid by you in respect of the Services which are the subject of any such claim and provided that you notify us of any such claim within one year of it arising.
  • In no event shall we be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever, even if advised us to the possibility thereof. Nor will we be liable in any event for any damages including, without limitation, indirect, special, incidental, consequential or exemplary damages, arising out of or in connection to this agreement or the Services.
  • In no event will we be liable to you for loss of data, or the inability to retrieve data, resulting from or incidental to the use of a Service.

Important note

In the event that this agreement constitutes a supply of goods or services to a consumer as defined in the Trade Practices Act 1974 (Cth) or any other national, State or Territory legislation (the Acts) nothing contained in this agreement excludes, restricts or modifies any condition, warranty or other obligation in relation to this agreement and the goods and you where to do so is unlawful. To the full extent permitted by law, where the benefit of any such condition, warranty or other obligation is conferred upon you pursuant to any of the Acts, our sole liability for breach of any such condition, warranty or other obligation, including any consequential loss which you may sustain or incur, shall be limited (except as otherwise specifically set forth herein) to:

1. in relation to goods
i. the replacement of the goods or the supply of equivalent goods or payment of the cost of replacing the goods or acquiring equivalent goods;
ii. or the repair of the goods or payment of the cost of having the goods repaired;

2. in relation to services:
i. the supplying of the services again; or
ii. The payment of the cost of having the services supplied again as in each case we may elect.

Notices

Except where expressly provided otherwise, any notice to be given by either party to the other may be sent by either email, fax, post or courier to the address of the other party as appearing in this agreement or ancillary application forms or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent or if sent by fax shall be deemed to be served on receipt of an error free transmission report, or if sent by post or courier shall be deemed to be served two days following the date of posting.

Assignment

The benefit of this agreement may be assigned by us, but not our obligations to you - to do that, you agree that we may give notice to you in writing, and your failure to respond will be deemed acceptance. You may transfer this agreement provided that you give us notice in the form we require (setting out the details of the assignee) accompanied by payment of any transfer fee specified by us. No other method of transfer by you is permitted.

Severability

If any clause of these terms and conditions is held to be invalid or unenforceable in whole or in part, the invalid or unenforceable wording shall be deemed to be omitted.

Complaints

Should you be unsatisfied in any way with your dealings through Netfleet.com.au, please summarise your issue, including your account reference, your full name and contact details and submit the complaint to [email protected]

We welcome any feedback, both positive and negative, regarding your experience(s), our policies and processes, staff, our conduct in the industry as a domain and service provider, and any general industry concerns you may have.

Upon submission of a complaint, you will receive an automated tracking number by return email, and all future communication in regards to that matter should reference that number. If you do not receive a tracking number, it will be considered that Netfleet have not received your complaint. In this instance; please contact our Support Centre and an operator will assist you in submitting a written complaint.

Netfleet will use best commercial endeavours to respond to your complaint within 2 business days, and all complaints submitted will be attended to by either a senior member of our management staff, or a member of our executive team.

Netfleet is committed to adhereing to the .au Domain Name Suppliers' Code of Practice (2004-04).  Information on this, and further .au FAQ's can be found on the auDA website here https://auda.zendesk.com/home

Domain Name Password Recovery

You can recover your Australian domain name password at any time by following this link:
http://admin.auda.org.au/password_recovery/blank_recover_password.faces

Change to terms on renewal

We may change the terms and conditions of this Agreement at any time. Details of our current terms are available here. Any renewal of a Service will be in accordance with the terms and conditions in place as at that time.

Entire agreement

These terms and conditions constitute the entire agreement between Netfleet and you, and supersede all prior agreements, understandings and representations whether oral or written. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. Except as provided above, no variation may be made to the contract unless it is in writing and signed by authorised representatives of you and Netfleet.

Entire agreement, governing law

In addition to general Account, Billing and Service communications, Netfleet will, from time to time, issue email notifications relating to our services, including, but not limited to Newsletters, Announcements, Promotional and Seasonal offers, and Surveys. By entering into agreement with these terms and conditions, you agree to receive email communications by inferred consent until such time as you decide to opt-out of such communications. You may opt out of our mailing list at any time by visiting https://www.netfleet.com.au/clientarea.php or by following 'unsubscribe' instructions contained within the communications.


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