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Terms and conditions covering all colocation services provided by West Australian NetworksWHEREAS: A. West Australian Networks is a service provider of telecommunication services using wide area computer networks including, without limitation, the Internet; B. Customer is the person or entity detailed in attachment (A) C. West Australian Networks has the right to use and sell certain bandwidth to Customer and to connect Customer's server to the Internet; D. Customer wishes to have its server/s connected to the Internet and to purchase the use of bandwidth therefore from West Australian Networks; NOW THEREFORE, in consideration of the mutual covenants and agreements herein contained, the parties agree as follows: 1. Definitions For the purpose of this agreement the following terms shall have the following meanings respectively: (a) "Burst" - bandwidth usage by Customer in excess of the bandwidth block purchased hereunder; (b) "Internet Connection" - connection of Customer's server/s to the Internet by West Australian Networks; (c) "Kbps" - kilobytes per second of bandwidth usage; (d) "Mbps" - megabytes per second of bandwidth usage; (e) "Price" - the price payable by Customer to West Australian Networks for the life of this agreement (the period the service is provided), as set forth online at: http://www.westnet.net.au/public_html/webhosting-colocation.php for the Plan initialed by Customer; a copy is attached to this agreement as attachment (B). (f) "Server Placement" - placement of Customer's computer server/s at a location where it is capable of being connected to the Internet; (g) "Term" - 12 months (unless indicated otherwise) commencing on the date of Internet Connection / installation of server/s. This date is listed in attachment (B). 2. Internet Connection West Australian Networks agrees to provide Customer with server placement, IP addresses, and Internet connectivity for the Term of this agreement, based on the Plan initialed by Customer hereto, at the Price applicable to such Plan. 3. Payment of Price Customer agrees to pay to West Australian Networks the Price applicable to the Plan initialed by Customer hereto, payment to be prepaid (in advance) before the first of every calendar month. The Setup fees and first month are to be paid prior to the server/s being installed. Failure to make full payment of any invoice by the due date (1st of the month) will result in the servers connectivity being withdrawn and the server impounded until the full outstanding amount is paid. 4. Customer's Warrant as to Legality of Data West Australian Networks is not responsible for the type or content of data conveyed via Customer's server/s. Customer warrants to West Australian Networks that all data conveyed via Customer's server/s will comply with the laws of Australia and any other laws world wide that could and should reasonably be complied with. 5. West Australian Networks's Name not to be Used Customer shall not use the West Australian Networks name or any derivative thereof in any literature or advertising in any form without the prior written consent of West Australian Networks. 6 . Interruption of Service West Australian Networks does not guarantee uninterrupted Internet service to Customer and shall not be held liable for any direct, indirect, incidental or consequential damages suffered or sustained by anyone in connection with the Internet Connection. The provision of Internet Connection at any particular bandwidth rate does not constitute a guarantee of the end to end throughput or bandwidth available to the Customer. West Australian Networks is not responsible for any consequences resulting from hardware or software failure. West Australian Networks will provide support for any hardware provided by it for the Internet Connection, and should any problems arise with West Australian Networks's hardware or software it will take reasonable action to rectify the situation and will keep Customer informed of the progress. If Customer's server or the data transmitted via such server is in some way harmful to the network West Australian Networks reserves the right to disconnect the Internet Connection until the problem is resolved. 7. Termination by West Australian Networks West Australian Networks reserves the right to terminate this Agreement: (a) without reason or cause by giving 30 days notice in writing of its intention to terminate; (b) forthwith if Customer defaults in making the payments required of it by the due date indicated on the invoice/es (c) forthwith if Customer server is involved in spamming or any other illegal activities. (d) forthwith if Customer server is involved in a breach of the AUP Acceptable Use Policy. 8. Termination by Customer Customer may terminate this Agreement by giving 30 days prior written notice to West Australian Networks of Customer's intention to terminate and payment by Customer to West Australian Networks of the total monthly Price payable by Customer for the remaining portion of the contract Term. Payment in full is required prior to the server/s being release by West Australian Networks. 9. Access to Server West Australian Networks shall grant to Customer reasonable access to the premises where Customer's server/s is/are located, provided that such access shall be during normal business hours and shall be arranged by Customer with West Australian Networks not later than 24 hours before such access. Emergency access out side of business hours is available 24 X 7 and charged at $130 p/hr. 10. Non-Enforcement does not Constitute Waiver Failure by either party at any time to enforce any of the specific provisions of this Agreement shall not preclude any other or further enforcement of such provisions or the exercise of any other right hereunder. 11. Continuance of Agreement The provisions of this Agreement shall continue in effect until the final performance of all of the respective obligations set forth in the respective articles. 12. Agreement Supercedes The parties acknowledge and agree that this Agreement represents a composite of all previous agreements reached to date and that hereafter this Agreement is the only agreement between the parties with respect to the rights and obligations contemplated by this Agreement and shall supercede and replace any discussion, letter or form of agreement, oral or written, which may exist as of the date of execution and delivery of this Agreement. 13. Applicable Law This Agreement shall be construed and enforced in accordance with and the rights of the parties shall be governed by the laws of the state of Western Australia. Each of the parties hereby irrevocably attorns to the jurisdiction of the courts of the state of Western Australia. 14. Time Time shall be of the essence of this Agreement.
All notices, payments, statements or other documents that any party to this Agreement is required to or elects to give to the other will be in writing and will be delivered in one of the following ways: (a) by personal delivery; (b) by addressing the notice as indicated below and depositing the same postage prepaid via Australia Post; (c) by courier; (d) by facsimile transmission (not valid for payments); or (e) by e-mail (not valid for payments). The parties addresses for mail, delivery, facsimile and e-mail are as set out at the beginning of this Agreement and may be changed by a party giving notice to the other party hereto in the manner provided in this section. Each notice, statement or other document so delivered, except as this Agreement expressly otherwise provides, shall be conclusively deemed to have been given when delivered personally or by courier, or in the case of delivery by Australia Post, five business days after the date of mailing, or when delivered by facsimile transmission or e-mail, on the day following such facsimile transmission or e-mail transmission. 16 . Hosting & AUP section of the web site located at http://www.westnet.net.au 17. Amendment Any amendments to this Agreement must be in writing and must be signed by a duly authorised representative of West Australian Networks and by a duly authorised representative of the Customer.
(A) Cover sheet detailing name, contact address and numbers including e-mail address for the client and West Australian Networks
Customer is libel for his own insurance. |
