As at . Please print for your own records.


Resellers please note - you are NOT given permission to copy this agreement. Refer to Copyright section.

Term. The duration of the contract is twelve months, unless the monthly option was ordered. You will be emailed an invoice to be paid within ten days before the anniversary date of your sign-up. If payment has not been received and cleared the day before the due date, your site and all files will be removed until payment is received and at a penalty of $66.00 per site will be charged to cover administration costs of reactivation of your account. It will be your responsibility to replace removed files, not Website Hosting Australia.

Space usage. If you have exceeded your disk space you will be charged an additional $18 per 50 Mb per month. An email will be sent informing you of the excess including an invoice, payable within 5 working days. If not paid, your site will be disabled and an additional fee of $66.00 per site will be charged to cover administration costs of reactivation of your account.

Traffic usage. If your traffic exceeds the allocated bandwidth, you will be charged an additional $25 per 1Gb used (sold in 1 Gb lots), per monthly excess and is NOT accumulated. Tax invoices will be sent out monthly depending on the usage. Any site exceeding the allocation should be making money from this amount of traffic and if you are not, you should be reconsidering how your website is working for you. Website Hosting Australia recommends adding Google Ads to your pages if you are not making money from your website to help cover excess traffic costs. The majority of Website Hosting Australia's customers are never charged for excess.

Excluded services. Website Hosting Australia will not provide services and will immediately terminate SPECIFIC domain web site hosting services of the CLIENT without any compensation or refund if CLIENT web site(s) or web sites operated by a customer of the CLIENT includes any of the following hereby defined as Excluded Services for child pornography, illegal material, hate material, anti government material, warez sites. Adult content classed as pornography IS permitted with Plan C & D orders only. If an adult content site is found on Linux servers under Plan A or B, then it will be removed without any compensation. Nudity is permitted on all servers. Website Hosting Australia may share information about any violation to the Web Hosting Service Agreement with other service providers and the police department for child pornography sites. To avoid confusion, contact Website Hosting Australia with any questions about "Excluded Services" of either type classification prior to submission of any host plan subscription application.

Start of services. Within 1 to 24 hours after submission of new web hosting application at Website Hosting Australia's site and dependant on the method of payment chosen. Domain name(s) registration and activation is subject to domain Registrar schedules. Service start is also subject to the amount of applications for service received. Technical difficulties may also affect service start-up times. CLIENT understands and accepts start up time of services is not guaranteed by Website Hosting Australia

Hidden directories or files. Website Hosting Australia will not provide services and will immediately terminate existing services without any compensation or refund if a CLIENT web site contains created invisible or hidden directories within their parent directory for the purpose of concealing and providing excluded or any hosted services. Website Hosting Australia sole discretion will prevail in such cases.

Account sharing. Website Hosting Australia does allow the CLIENT to sell off part of their hosting plan to web-users under Plan C or D. Sub-domains are permitted and the CLIENT becomes totally responsible for their technical support. Email addresses are not available for sub-domains. Sub-domains are $33.00 each and web-user accounts are $16.50 per account set-up.

Email Policy. Sending SPAM is not permitted and in Australia you now can be prosecuted and receive hefty fines for doing so. Opt-In mail lists are NOT classed as SPAM. 'Unlimited Email' is limited to accounts that are necessary to communicate for your business only - not 'free for all'. We do not permit customers to offer free email accounts. It is the CLIENTS responsibility to set-up email accounts on their own computer. CLIENT needs to be aware that emails are counted into the total disk allocation if left on the server and excess disk space fees apply in doing this. Following the instructions on the support pages will prevent this from occurring.

WebMail is available with Plan C or D for convenience only and the CLIENT must realise this. It is expected that all CLIENTS download emails to their own computer as Website Hosting Australia will not be held responsible for loss of data in the event of mail server failure. Refer to Clause 20 for liability. Mail2Web is available to access email via the web to Plan A and B customers and is a third party link.

Special Offers. Any offer/discounted price is subject to conditions. All special offers must be made using the correct order forms to be eligible for the offers. Free domain name must be used with your hosting sign-up. com and net names can only be ordered with this offer, when this offer is current.
Free website offer includes eight 800x600 screen size web pages with content and up to three images in total supplied by customer. All pages will give reference to Webco Internet Marketing being the creator of the website and cannot be removed. In the event that the domain name owner no longer wishes to have Website Hosting Australia host this website or removes the above words, then a fee of $375.00 applies for ownership of the website and its' content. Free websites will be completed within two working days, workload permitting. If the owner of the domain' tells a friend' and the friend signs up for the same offer or the domain owner purchases additional free website offers, then the domain owner will receive one month's free hosting for this loyalty. Website Hosting Australia may also link from their website or partner websites, this free website for publicity purposes. Hosting platform will be Linux. We reserve the right to remove any special offer before the finish date of the offer.

Affiliate free hosting. Only CLIENTS with full-cost annual hosting are entitled to up to 3 month's free hosting to be added to current account. Offer only available when a NEW sign-up occurs, that has never been hosted with Website Hosting Australia in the past. See Affiliates.


Domain name registrations. All domain names are registered in the CLIENTS name and not ours and the mailing address will be Website Hosting Australia's 'care of' postal address unless otherwise instructed. The email address is listed under Website Hosting Australia. Website Hosting Australia only does this as a matter of security due to credit card charge backs. Renewal notices are sent to the CLIENT via email two weeks before name expires. Updating the DNS for the CLIENTS domain name is done via the update details web page. When registering an .au name, the CLIENT must provide the correct details or will incur a fee of $15.50 for Website Hosting Australia to search for these correct details if the domain name registrar rejects the chosen domain name.

Support. CLIENT understands that Website Hosting Australia web hosting plan is designed to provide quality services at discounted prices. Technical support is available only via email for hosting and is free for hosting and paid for anything else not pertaining to hosting matters. Live telephone support is not currently available to keep hosting plans to a minimum. Where we strive to answer emails as they arrive, sometimes due to unforeseen circumstances that are beyond our control, we may not and Website Hosting Australia will not be held liable because of this. HTML, FTP, email set-up support is available and will incur support fees. The CLIENT understands that the webmaster for the CLIENTS website is responsible for the web development of the website and problems that may arise, and NOT Web Site Hosting Australia, unless the CLIENT chooses to pay Web Site Hosting Australia for these services.
Support is not given to phpBB, osCommerce, Mambo CMS, PostNuke CMS, BBClone users. Contact the forums for the relevant application instead.

Communication. At present Website Hosting Australia offers a noticeboard via the support pages to post all changes to services, special offers, server problems as well as a mail list. Webmasters are asked to check this noticeboard frequently and BEFORE emailing us any problems.

Payment method. CLIENT agrees their payment will be payable using either:
1) Bank cheque or money order - up to 7 day delay in processing, then 24 hours to set-up account. Personal and company cheques will not be accepted.
2) Direct Internet bank payment - up to 4 day delay if made at branches other than Westpac
3) Credit Card - within 24 hours for processing of payment
All payments and charges are in Australian Dollars and cheques are payable to "Interactive Media Pty Ltd or Webco. Annual payments must be made 24 hours before the due date or website will be removed on the due date at 8am. Monthly payments will incur an administration fee of $66.00, paid annually. Annual payments have this charge waived. Monthly payments will automatically billed until the CLIENT informs Website Hosting Australia that the account has been terminated. This must be given 48 hours before the due date, or the CLIENT will be billed for that month. Monthly accounts can only pay via credit card. One statement will be sent via email to the email address given on the original order form for renewal and invoices are not sent out, only tax invoices once payment has been made.
As of 01/01/2003, where the CLIENT chooses to pay via credit card, the merchant charge of 2.75% currently is NOT charged to the customer.
Refer to http://www.rba.gov.au/MediaReleases/mr_02_15.html for more details.

Tax Invoices and Set-up details. A tax invoice and set-up details will be sent via email. If a second copy is requested, a fee of $15.50 will be charged per additional copy sent for each. It is in your best interest to print and archive these important emails. Website Hosting Australia does not send out statements or invoices via post. A copy of the original order is emailed to the CLIENT & can be used as the invoice.

GST. Is payable by all Australian residents. All prices within are GST INCLUSIVE and prices quoted are for cash sales.

Non-payment. Failure to make designated renewal payment by the due date will terminate your account immediately and your site will be removed. Reactivation will incur an additional fee of $66.00. N.B Website Hosting Australia does not charge any set-up fee like most hosting companies if you pay annually, but will charge a reactivation fee. If, when trying to process a monthly payment, your card is declined or you have cancelled your card, we give you 24 hours to provide a new credit card for your payment. If after 24 hours this payment has not been received then your account will be disabled and your email will no longer work. A fee of $66.00 applies to have your account reinstated.

Downtime. Where we offer a 99% uptime guarantee, Website Hosting Australia cannot be held responsible for server failure beyond reasonable control. We strive for customer satisfaction and if a server failure does occur - we will endeavour to ensure your website is reinstated as quickly as possible. From time to time, servers require a restart and the CLIENTS website may not be live for a period of twenty minutes. The 99% downtime excludes scheduled maintenance.
Website Hosting Australia will not be held responsible for any script failure stored on the server and loss of custom because of this. It is highly recommended that the CLIENT be responsible for the management of their own scripts. Any scripts offered by Website Hosting Australia is for convenience only.

Free Webco Design Shopping Cart. CLIENT understands that this comes without any charge & no refund available if CLIENT changes their mind. It is recommended to test out the sample cart before making your purchase. No discounts available to resellers. Initial support of 5 days given once cart is uploaded to website. After this period, pay per email support is available. Shopping cart can easily be customised by any web developer. Shopping cart can be purchased separately at $195.00. All reference to the cart creator must remain on the web pages and in the code or a license fee applies. Additional licenses available at $95.00 per cart sold. No other discounts apply. Available to customers who sign-up after 21/01/2005.

Refund Policy. Website Hosting Australia wishes to promote the satisfaction of the CLIENT always. If you are not satsified with our services within the first 30 days, you will be entitled to a full refund. After 30 days, you will be entitled to a refund for any unused months if - the hosting did not meet the criteria as promoted on the website, features were not what where promoted on the website, downtime exceeded the guaranteed uptime. In the case of downtime, you will need to provide evidence such as site logs when the site was down. Website monitoring companies logs are NOT acceptable as they route through their own servers and these servers may be down and not ours. Administration fee is non-refundable. If the CLIENT who has paid annually wishes to terminate their annual account, the CLIENT will be transferred to a monthly plan with administration fee, and comparable to the annual plan chosen, and the balance of unused months will be refunded, but only when the standard of hosting does NOT meet what is promoted on the website. Being an Australian registered company, you are protected by the Office of Fair Trading regulations and the Trade Practices Act of 1974.
Packages and domain name registrations are not refundable. If you request a free web template and you wish to terminate your hosting, a fee of $75 will be deducted from your refund for the cost of the template.

Data backup. In the event that any of Website Hosting Australia's services experience a data loss we will restore your account to the level that it was when your account was set-up. We will do our best to restore your files if possible. In no case can we restore your files if you happen to remove them. You must maintain a current backup, if you do not do so, it is at your own risk. Website Hosting Australia is not liable for any lost data for any reason.

Security and Integrity of Information. Although Website Hosting Australia implements current technology for information protection there is no guarantee that any information on the Internet is absolutely secure or never may be destroyed. CLIENT agrees to hold Website Hosting Australia harmless in case of loss of information and/or loss of privacy regardless of reason or cause. Website Hosting Australia does not rent or sell our CLIENT listings. Backup files should always be made of all folders and files on the hosted site and it is recommended that these folders and files be burnt to CD for archiving. Website Hosting Australia offers a file back-up service if necessary. Website Hosting Australia will not communicate with any person, unless the email address was given to us, in the original order or when the CLIENT informs us to communicate with this person.

Copyright. All information on this site and on emails sent, including the text, images, graphics, banners, HTML code, scripts, remain the property of Website Hosting Australia and cannot be used without our written consent. Resellers need to contact us to discuss use of the information from this website before they set-up their reseller account. If a RESELLER/CLIENT fails to comply with these terms and conditions, then their hosting account will be terminated immediately without any refund as breach of copyright and all support between the RESELLER/CLIENT and Website Hosting Australia will cease. We do not take lightly the stealing of our information and will seek legal recourse against the offender. We will also, terminate all reseller hosting accounts for breach of our intellectual property.

Resellers. You are not permitted to use any of the content from this website without the written permission from Website Hosting Australia. Resellers must keep their main account renewed to remain as a reseller at a fee of $250.00 for a full 12 months and all resold accounts must be ordered using the reseller order form to receive the discount. Domain name discounts only apply when hosting is purchased. RESELLERS must not refer their customers direct to us for support. Website Hosting Australia only communicates direct with their own CLIENTS who order direct from us. If your client being the domain owner contacts us, we refuse to give any sensitive information to them if requested. You will be contacted and in the event that after three attempts to contact you we do not receive a reply, regardless of the reason, we will then communicate with the domain owner & pass on any sensitive information requested. Reseller packages are not refundable.

Affiliates. To become a web hosting affiliate, all you have to do is purchase one hosting plan annually paid, then every friend you refer to us who places a similar order will give you *FREE hosting.
* 1 month free if they order Plan A
* 2 month's free if they order Plan B
* 3 month's free if they order Plan C or D

Notifications. All notifications to change of services, server troubles will be done via the noticeboard. It is expected that the CLIENT visits this page on a regular basis. We do not email individual CLIENTS to inform them of changes to Website Hosting Australia's services. It is in the best interest of the CLIENT to print these TERMS & CONDITIONS at time of ordering.

Webmaster service. We offer a webmaster service at $55.00 per hour, billed in 15 minute increments.

Template Use. Free template is to be used on one website only and to be used for the website of the hosting order and only with full paid annual hosting accounts - not reseller accounts. A fee of $75.00 per domain will be charged if used on additional websites. Template must be ordered at time of hosting order.

Legal Action. Website Hosting Australia cannot be held liable for any content posted by clients, or any damages you, your business or any other entity suffer as a result of downtime or termination of your account. Any legal action must be taken in the city of the Gold Coast, in the state of Queensland, in the country of Australia.

Modification. This Agreement may be modified, amended, cancelled or altered, and it may be modified by custom and usage of trade or course of dealing. Both of the parties hereto agree to such modification by Website Hosting Australia. Website Hosting Australia's web site will show a notice informing: All web hosting is subject to the Web Hosting Service Agreement. Subject To Changes. E. & O. E.

© 1999-2006 I M Interactive Media Pty Ltd ABN 75 092 528 017

Last updated: 11/05/2006