NetAxxs agrees to provide, and you the customer or client agrees to receive, access to the web hosting and related services according to the following agreement of Terms and Conditions:

1.0  General Definitions

1.1   The "client" or "customer" is the person or entity who is applying to receive, or who is receiving, web hosting or related services from NetAxxs.

1.2   The "reseller" is the person or entity who is applying to receive, or who is receiving, web hosting or related services from NetAxxs for the purpose of reselling to their own clients or customers.

1.3   "You" or "your" means you the client, customer or reseller.

1.4   "We", "us" or "our" means NetAxxs (ABN: 59 952 141 989) www.netaxxs.com.au

1.5   “Intellectual Property” means all copyrights, computer code scripts, database rights, patents, registered and unregistered design rights, trademarks and service marks and applications for any of the foregoing, together with all trade secrets, know-how, rights to confidence and other intellectual and industrial property rights in all parts of the world.

1.6   “Product” means any hardware or third-party software/applications provided or required by NetAxxs to fulfil this Agreement, or any software or Intellectual Property supplied by NetAxxs.

1.7   “Project” means the provision of consulting services and products by NetAxxs to the Client relating to the creation,
modification, development or design of a website or similar product that may be  accessed and viewed online through a recognised web browser.

1.8   “Retained Copyright” means any computer codes or scripts written, compiled or modified by    NetAxxs in HTML, XTML, Python, zope, plone, mySQL, CSS, CGI, Perl, Java, ASP or any other computer language and incorporated into the website.

1.9   “Third Party Copyright” means Intellectual Property owned by third parties in software used by NetAxxs in creation of the website.

1.10  “Code and Script License(s)” refers to Open Source license(s) meaning “GNU General Public    License (GPL)” that all computer code or script written, compiled or utilised by NetAxxs is licensed under GNU. Please refer to http://www.gnu.org/licenses/gpl.txt

1.11  “Website” means a compilation of one or more webpages being a combination of text, data, images and/or other material
accessible via standard online communications or the Internet.

1.12   “Technical Services and Products” refers to the provision of any technical services and/or products utilised by NetAxxs in
order to  fulfil the agreement outlined in the Schedule.

2.0  General

2.1   NetAxxs will provide you with at least one login name and password, allowing you to access our Web based control panel for use to configure various aspects and features of your service.

2.2   You must adopt appropriate measures to ensure the security of your login name, password and data.

2.3   NetAxxs provides web hosting related services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such services.

2.4   You must use the web hosting services in a manner consistent with any and all applicable laws of the State of Victoria and the Commonwealth of Australia.

2.5   NetAxxs will not be held responsible for any previous terms and conditions or service level agreements that the client may have with another provider.

2.6   NetAxxs will not be held responsible for any damages arising from the use of our or by your inability to use our services including all software for any reason.

2.7   While we shall make every reasonable effort to protect data stored on our server(s), NetAxxs will not be held responsible for any customer's data, files, or directories residing on our equipment. The customer is solely responsible for maintaining data, file, and directory structure backups.

2.8   You are responsible for developing, installing and maintaining your data. You must have appropriate and compatible equipment, software and internet access to upload your data to our systems.

2.9   You are solely responsible for dealing with person(s) that access your data, and must not refer any complaints or inquires in relation to your data to us.

2.10  The customer is required to provide NetAxxs with correct and up to date contact details for billing and technical notification purposes. We will take no responsibility for disruption to services due to inability to contact the customer.

3.0   Payment

3.1   You agree to pay NetAxxs the required fees for related web hosting services. Extra fees may be charged for additional services as per prices indicated at www.netaxxs.com.au

3.2   All hosting and related services such as domain registration, ssl certificates, IP addresses etc... provided by NetAxxs must be paid in advance.

3.3   Website development and design work undertaken by NetAxxs are based on individual quotes, by signing the quote you agree to the terms of the payment schedule set out in the quote.

3.4   NetAxxs will be entitled to invoice the Client on an interim basis – this being at least monthly - for progress payments for any services performed or products supplied during the previous month (or during any earlier period which has not previously been invoiced under this agreement) together with such expenses as the Client is required to reimburse NetAxxs.

3.5   The Client will be required to reimburse NetAxxs for all expenses incurred by NetAxxs on the Client’s behalf, or in carrying out its obligations under this Agreement.

3.6   The Client will pay NetAxxs for the cost of any Products (including any licensing that NetAxxs is required to pay to obtain a
sub-license in favor of the Client for any third party software) together with NetAxxs’s own charge that it levies for handling and/or obtaining any relevant sub-licenses.

3.7   NetAxxs is entitled to charge for any constultancy and/or research, and the client agrees to pay in full any costs relating to
research  in order to provide the products as services required to fulfill the obligations set out in the Schedule.

3.8   Account renewal notices for web related services will be forwarded by electronic mail to your nominated email address no earlier than 30 days prior to the account becoming due, and again on the due date of payment.

3.9   All invoices rendered by NetAxxs are payable within ten (10) days from the date of invoice. The Client agrees to pay NetAxxs in full within this specified time period unless otherwise agreed upon in writing by NetAxxs.

3.10 Where an account becomes more than 10 days overdue, the client's service will be automatically deactivated pending payment. A re-activation fee may be applied to the client's account in addition to any outstanding amounts. Reactivation of service will only occur when the full outstanding amount, including any additional fee(s), is paid.

3.11 You agree to pay all government taxes, duties and levies, including GST (Goods and Services Tax) in addition to the fees payable to NetAxxs for web hosting and related services, The GST will be calculated by multiplying those fees by the prevailing GST rate. You agree to pay the amount of GST at the same time and in the same manner as the fees payable to NetAxxs.

3.12 All prices quoted by NetAxxs are in Australian dollars and inclusive of GST.

3.13 Accounts may be paid by Cheque, Money Order or Direct Deposit Transfer.

3.14 If paying by Cheque or Money Order, You must make them payable to 'NetAxxs' and ensure your domain name or invoice number is printed clearly on the reverse of the Cheque or Money Order. A remittance notice must also be enclose for identification purposes. All payments should be posted to: NetAxxs, PO Box 1220, Wangaratta, VIC 3676.

3.15 If paying by Direct Deposit Transfer our banking details are:

Account Name: K Vincent & D Fregon T/A NetAxxs
Account No: 58839
BSB No: 803 070
Bank: WAW Credit Union (NAB) Wangaratta

Your domain name or invoice number is your identification; you must send an acknowledgement of payment via email to accounts or posting a remittance notice to: NetAxxs, PO Box 1220, Wangaratta, VIC 3676.

4.0  Development and Design

4.1  All requests for development and/or design must be made in writing, with dot points clearly stating the client's request(s). A quote will then be prepared based on the written request(s) and information provided by the client.

4.2   A clear definition of a clients request(s) must be provided in writing and any documentation to support the project must also be supplied by the client in writing before NetAxxs prepares the quote. Any information added to orginal request(s) or project brief will result in the quote being invalid and a new quote will be required.

4.3   At no time will NetAxxs be held to any agreement(s) or client request(s) made verbally. Projects to be completed by NetAxxs - including, but not limited to, any modifications or amendments - must be approved in writing by the client, before work can commence.

4.4 NetAxxs has the right to refuse delivery of any additional requirements or modification(s) to the website that are not specified in the schedule

4.5 The Client must look at prioritising their requirements based on the feedback from NetAxxs regarding progress, before or during each milestone, stage or phase if necessary.

4.6 NetAxxs must identify and inform the client of any changes concerning the project that may have a direct effect on the estimated timelines and costs.

4.7 NetAxxs shall be entitled to provide the technical services and products remotely from its own premises. If NetAxxs is required to attend the client’s premises for any reason in accordance with this Agreement, the client may be required to reimburse NetAxxs for reasonable transport and/or accommodation expenses incurred by NetAxxs in such a visit.

4.8 NetAxxs holds the right to charge for quotations should any client request(s) result in software or applications research.

4.9 NetAxxs will not be held responsible for any incorrect interpretation of clients concept or vision.

4.10 All code development by NetAxxs is produced under an Open Source license, please refer to the code itself, and if not explicitly stated, the code is GPL (General Public License). For more information in regards to GPL please refer to the following link www.gnu.org/licenses/gpl.txt

4.11 Once the Project has, in the opinion of NetAxxs, been completed, NetAxxs will notify the Client in writing and provide the Client with an opportunity to test and accept the Website.

4.12 The Client shall have fourteen (14) days after the notification from NetAxxs to test and accept in writing the Website.

4.13 If within fourteen (14) days the Client determines by written notification to NetAxxs that the Website does not comply with
the Project Specification as delineated in the Schedule, NetAxxs agrees to carry out the  necessary modifications without extra
charge.

4.14 If after fourteen (14) days the Client has not provided written notification to NetAxxs that the Website does or does not
comply with the Project Specification, NetAxxs shall consider that the Website does comply with the Project Specification and the Client has accepted the Website.

5.0  Website Conditions

5.1  Our websites are built for xhtml compliant browsers. The layout may change in older browsers. All websites are optimised to work as effectively as is possible in all major browsers.

5.2   Domain names are legally owned by your business and not by NetAxxs. All domain name registration is subject to availability and registration rules.

5.3   NetAxxs will not be held responsible for backup of any data unless otherwise requested and agreed upon in writing.

5.4   NetAxxs is not responsible for issues created by clients in management areas.

5.5   Search engine rankings are out of the control of NetAxxs and therefore the Customer agrees that no guarantees can be given by NetAxxs in respect to such rankings.

5.6   NetAxxs cannot be responsible for image quality. All logos and branding must be provided in a professional, electronic and editable format

5.7   All text must be supplied in digital format (i.e. MS Word, Open Office, plain text).

5.8   Website Management Software requires the latest version of Firefox or Internet Explorer Browser (both free) and an internet connection.

5.9   Support is provided via online tutorials or through our Frequently Asked Questions. Personal support is available, the
standard charge being $88 per hour, in 15 minute increments.

6.0   Domain Names

6.1   You can register your domain name(s) online via the NetAxxs website www.netaxxs.com.au/domains

6.2   If you choose to register a domain name(s) through NetAxxs, then you acknowledge and agree that you are responsible for the payment of registration fee(s) to register the domain name(s) with the applicable domain name registrar.

6.3   NetAxxs does not offer refunds for domain name(s) registrations for any reason, including misspelling of the domain name.

6.4   Any fee(s) relating to the registration of a domain name(s) must be paid in advance.

7.0   Trademarks and Copyrights

7.1   The customer warrants that it has the right to use the applicable trademarks of the customer, and grants to NetAxxs the rights to use such trademarks, if any, in connection with promotion of, referencing of, cataloguing of, or indexing of clients hosted by NetAxss, this includes the publication of your domain name on any sites owned or maintained by NetAxxs.

7.2  You hereby agree to take full responsibility of content and that any material submitted for publication with NetAxxs through web hosting services received by the client will not violate or infringe any copyright, trademark, patent, statutory, common law or proprietary rights of others, or contain anything libellous or harmful. NetAxxs will not be held responsible or liable for any content on NetAxxs servers.

8.0 Intellectual Property and the Granting of Licences

8.1 Unless otherwise agreed upon in writing by NetAxxs, the copyright and all other rights relating to any software, images, source code, scrpits provided to the Client by, or on behalf of, NetAxxs in accordance with, or to this Agreement (the “Intellectual Property”), will remain the property of NetAxxs or where applicable under 'GNU General Public License (GPL)'. For more details please refer to: http://www.gnu.org/licenses/gpl.txt

8.2   Upon payment in full for the services performed, and/or the products supplied by, or on behalf of, NetAxxs in accordance with this Agreement, NetAxxs grants the Client a non-exclusive and non-transferable perpetual license to use the Intellectual Property for the Client’s website only. In the case of the third party software, NetAxxs will obtain a sub-license in favor of the Client in similar terms.

8.3   NetAxxs warrants to the Client that to the best of its knowledge, it has the right to grant the licenses referred to in this Agreement, and the use by the Client of any software provided by NetAxxs will not infringe the rights of any third party.

8.4   The Client agrees that NetAxxs has the right to use their website and any supplied images, text, source code, scripts or Intellectual Property in the promotion of NetAxxs and its subsidiary companies services and products.

9.0   Hardware, Equipment, and Software

9.1   You are responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access our web hosting services, including the knowledge base to be able to us such equipment. NetAxxs makes no representations, warranties, or assurances that your equipment will be compatible with our services.

10.0  Warranties and Indemnity

10.1   NetAxxs will provide the client with web hosting and related services as displayed on the NetAxxs website located at

www.netaxxs.com.au

NetAxxs services including and without limitation, all text, graphics, links, and applications are provided on an "AS IS, AS AVALIABLE" basis. We give no warranty, express or implied, for the web hosting services provided. This expressly includes any reimbursement for losses of income due to disruption of services by NetAxxs or its providers.

10.2 NetAxxs does not warrant that:

a) the service will be uninterrupted or error free;
b) the service will meet your requirements; or
c) the service will be free from external intruders (hackers), virus or worm attack, denial of service attack, or other persons having unauthorised access to the services or our systems.

10.3   You warrant that:

a) you have the power to enter into and observe your obligations under this agreement;
b) you have not relied on any representation made by us or upon any descriptions or illustrations or specifications contained in any document supplied by us;
c) you will conduct such tests and computer virus scanning as may be necessary to ensure that data uploaded by you onto, or downloaded by you from, our systems does not contain any computer virus and will not in any way, corrupt the data or systems of any person;
d) you will keep secure any passwords used with our service.

11.0   Liability

11.1   NetAxxs shall under no circumstances be held liable for damages of any kind, resulting from loss or corruption of data, loss of revenue or profits, use of the NetAxxs site or any NetAxxs products or services, or for any incidental, indirect, punitive, or consequential damages in connection with this agreement or in connection with any NetAxxs products or services. In no event shall NetAxxs cumulative liability exceed an amount greater then the costs of one years fee for annual hosting services.

11.2   The Client hereby indemnifies NetAxxs against any loss or damage arising directly or indirectly from any unauthorized use of

a) the facilities to which NetAxxs has been granted remote access, provided that such unauthorised use has not arisen as the result of any material breach by NetAxxs.

b) photographs, images, text, or other Intellectual Property not under copyright ownership of the Client.

11.3   Under no Circumstances, and under no legal theory, tort, contract, or otherwise, shall NetAxxs be liable :

a) to the Client or any other person for any indirect, special, incidental, or consequential damages of any character including, without limitation, damages for loss of goodwill, work stoppage,

computer failure or malfunction, or any and all other commercial damages or losses. In no event will NetAxxs be liable for any damages even if the Client shall have been informed of the possibility of such damages, or for any claim by any third party.

b) for legal expenditure, fines or otherwise arising out of the unauthorised use of photographs, images, text, or other Intellectual Property not under copyright ownership of the Client, either provided by the Client to NetAxxs, or used by the Client on the Website provided by NetAxxs. Furthermore, the Client does hereby agree to pay any legal expenditure, fines or otherwise incurred by NetAxxs as a result of any unauthorised use.

11.4  NetAxxs shall be responsible for checking work (code, scripts) carefully for accuracy in all respects, with full testing of products and components.

11.5  NetAxxs is not responsible for any delays, errors, omissions or extra costs resulting from faults in the internet, fax, telephone, cable, satellite network or from incompatibility between the sending and receiving equipment.

11.6  NetAxxs will not be held responsible for any incorrectinterpretation of the Clients requirements or requests. It is the sole responsibility of the Client to ensure that their requirements set out in the schedule are fully understood.

12.0  Suspensions and Termination

12.1  This agreement commences on the date specified on the web based control panel as the date that we accepted your order for web hosting services and continues until terminated in accordance with this agreement.

12.2  Either party may terminate this agreement at any time by providing the other party with written notice. Cancellation of any services will not take effect until such notice is received.

12.3  Immediate deactivation of services will take place upon receipt of the cancellation notice unless a specified date for deactivation has been requested within the written notice.

12.4  The service (including any files, hosting space, databases or other related items) will be deleted from NetAxxs servers. It is the responsibility of the client to ensure that all required data is backed up by the client prior to deletion.

12.5  If we provide you with a copy of your Data, then we are entitled to charge you an additional fee calculated at our hourly rate or part thereof for the time taken to recover and provide you with that data.

12.6  You remain liable to pay all fees and charges set out in this agreement during any period of suspension or cancellation or denial of access.

12.7  Payments made for web hosting services are not refundable. All prepaid accounts will be forfeited.

12.8  NetAxxs reserves the right to suspend web hosting services and any other services provided without notice for any unpaid or partially paid balances. The Client is responsible for any legal fees incurred during the collection of any unpaid amounts.

12.9  Spamming (the practice of sending unsolicited, unwelcome mass mailings to people) is strictly prohibited. Any client found to be Spamming will have their web hosting and any other services immediately terminated and find themselves billed for any unpaid balances as well as for any damages that occur as a result of the act of spamming.

13.0  Resellers (In addition to current NetAxxs terms & conditions)

13.1  NetAxxs will not be held responsible for any clients of the reseller, your clients are your responsibility as a reseller and we provide hosting services to you the reseller only.

13.2  The reseller agrees to maintain all payments for web hosting and related services for their clients, this being the sole responsibility of the reseller, see clause 3.0 for payment terms and conditions.

14.0 Change

14.1  NetAxxs reserves the right to modify these terms and conditions in any way and as required. Continued usage of our web hosting services indicates you accept the Terms and Conditions in their amended form.

15.0 Additional Terms

15.1  Agreement with, and acceptance of, Privacy Policy and Acceptable Use Policy (AUP) is implied by your acceptance of these Terms & Conditions. Details of the Privacy Policy and Acceptable Use Policy (AUP) can be found below this section.

16.0 Agreement

16.1  By using NetAxxs web hosting services, you acknowledge that you have read the abovementioned agreement, and you agree to its terms and conditions and all policies posted on the NetAxxs website located at the following URL www.netaxxs.com.au or any other site owned or maintained by NetAxxs.

End of Terms and Conditions.

Acceptable Use Policy (AUP)

One important aspect of the internet is that no one party owns or controls it. This fact accounts for much of the internets openness and value, but it also places a high premium on the judgement and responsibility of those who use it to distribute information to others. NetAxxs does not review, edit, censor, or take responsibility for any information that clients may create. When users place information on the internet, they have the same liability as other authors for copyright infringement, defamation, and harmful speech.

This Acceptable Use Policy (AUP) is designed to make clear exactly which activities must not be engaged in whilst using services provided by NetAxxs. The policy will in no way restrict your activities provided you act in a considerate and law abiding manner.

Acceptance of changes
NetAxxs may from time to time vary the Acceptable Usage Policy, charges and conditions outlined in this agreement. Notice of such changes can be viewed on the NetAxxs website located at the following URL www.netaxxs.com.au Continued usage of our web hosting services indicates you accept the Acceptable Use Policy in their amended form.

NetAxxs will be the sole arbiter as to what constitutes a violation of this provision. Content that does not meet these standards will be removed without prior notice to the subscriber.

Housing of any of the following files is considered a violation of the terms of service:

• Logging into a server or account that you are not authorized to access
• Accessing data or taking any action to obtain services not intended for you or your use
• Attempting to probe, scan or test the vulnerability of any system, subsystem or network
• Tampering, hacking, modifying, or otherwise corrupting or breaching security or authentication measures without proper authorization
• Transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines with the intent or effect of damaging, destroying, disrupting or otherwise impairing a computer's functionality or the operation of the System
• Interfering with, intercepting or expropriating any system, data or information
• Interfering with service to any user, host or network including, without limitation, by means of overloading, "flooding," "mailbombing," or "crashing" any computer system

You will be held responsible for all actions performed by your account whether it be done by you or by others. All sub-networks of Netaxxs and all dedicated servers must adhere to the above policies.

Limitations on Use