26 Packages Agreement
This entire clause 26 related to the Packages products, which include:
Online Startup - Comprises of our Domain Name, Web and Email Hosting and Search Engine products.
Business Builder - Comprises of our Domain Name, Web and Email Hosting, Search Engine and Web Builder products.
Ultimate Empire - Comprises of our Domain Name, Web and Email Hosting, Search Engine, Web Builder, Mailing list and Web Statistics products.
Each package is as advertised and described on our website.
26.1 Representations by us
26.1.1 Application of these Terms in respect of representations
You acknowledge and irrevocably agree that:
- Any reliance you place on any representation(s) on other pages of the Site are subject to the terms and clarification specified in this Agreement, especially clause 26.1.2;
- You can only expect Services in accordance with the terms of this Agreement, and
- In the event of any inconsistency between the representation(s) on other pages of the Site, and this Agreement, especially clause 26.1.2, the terms of this Agreement shall prevail over the representations - and your expectations of the Service shall be limited to the representations in this Agreement
- As outlined above, each package is comprised of a number of our products. You acknowledge and agree to abide by the terms and conditions applicable to each individual product in a package. Dependant on the package purchased, you acknowledge and agree that you are bound by the terms and conditions set out in clause 15 to 25 (inclusive) of this Agreement in relation to each specific product in a package.
- You acknowledge and agree that once you have purchased a package, you guarantee that the product is right for your needs. All packages come with the products as advertised; they cannot be modified, or products removed, for an alternation in price.
- You acknowledge and agree that if you want an additional feature or product that is not available in the package that you have purchased, you must purchase the additional product separately at the advertised cost.
- We offer this Service at budget prices on the basis we deliver a budget Service (for example, compare also review of flights with Tiger Airways and review of flights with Singapore Airlines). For a premium level of Service, a premium price would need to be paid. You must contact us prior to making a purchase if you wish for a premium level service to ensure this option is available.
- This is not an archival service. You are solely responsible for maintaining independent back-up copies of your emails. We expressly disclaim any liability or responsibility for any loss, damage or destruction of your emails, distribution lists, or any other content.
You expressly and irrevocably agree that:
- It is your responsibility to ensure that all products included in a package are utilised to their full potential;
- It is your responsibility to ensure the appropriateness and compatibility of package that you are purchasing;
- You have ensured that package that you are purchasing is appropriate and compatible to your needs prior to making the purchase;
- We are not obliged to provide refunds or account credit for any package, or product included in a package, that is functional, as described, or of acceptable quality for the purpose which it is provided by us. We reserve the right, subject to these terms and our discretion, to offer you:
- An account credit; or
- A refund
only in circumstances where a cancellation request has been filed within 72 hours, being the reasonable 'rejection period' of the purchase application being made.
- Any refund or account credit provided for any reason will be at the price it was sold to you. Therefore, a product in a package that is refunded or given account credit will be at that discounted price. You do not have the right to a refund of each individual product as advertised on the website outside of the packages advertised. Packages are at a discounted rate and this is the rate at which refunds or account credit will be provided.
- We may offer account credit to be applied to your account as a gesture of goodwill. Account credits can only be redeemed via purchase of any product/services(s) available at our website.
- We may choose, on your request to downgrade a package however no refund or account credit will be applied if outside the 72 hour rejection period where we have determined that the package provided is functional, as described, or of acceptable quality for the purpose for which it is provided;
- No refund or account credit will be provided for a product(s) included in a package, regardless of whether it is inside the 72 hour rejection period, if we determine that the product(s) is functional as described, or of acceptable quality for the purpose for which it is provided.
- You are liable to pay any administrative costs incurred by us as a result of refunding any package within the 72 hour rejection period;
- Deposit/Cheque order cancellations will result in a credit being applied to your account or result in a surcharge to be taken from the refunded amount offered;
- Direct Deposit overpayments will either be returned via full account credit or transaction reversal minus surcharge;
- Your request for refund will be denied where:
- Any product in a package has been used illegally or outside the terms of service (spam, trojan, resource abuse resulting in a suspension, or any other way we deem to be inappropriate, including a website being compromised due to a vulnerability of an application installed by the user);
- We believe you have breached your agreement with clause 26.1.2 in any way;
- We have sent communication to you, and we do not receive a response to our communication within 1 week of us sending such communication; or
- We believe the request is fraudulent.
- We take no responsibility for any mistakes in application either on the advice of our staff or your sole decision; and
- You are liable for the costs we incur (including legal costs on a full indemnity basis) if you make any claim in connection with or arising from a package, and you have breached your agreement with clause 26.1.2 of these Terms in any way whatsoever at any time after indicating your agreement to these Terms.
- No refund or account credit can be given for a domain name that has been purchased. The purchase price for domain names are used to purchase the domain from the appropriate registry and therefore is not an amount that is retained by us and can subsequently be refunded.
26.2.2 Process of claiming refund
In order to claim a refund or account credit, you undertake to clearly request a refund or account credit (and provide reasons for the request) via email to us within 72 hours from the date that the package was provisioned as defined by the invoice creation date, or within 72 hours of the dispute occurring. You understand that it is your responsibility to ensure that we have received your email within this timeframe. Generally, a response will be sent to you within a fortnight of us receiving your request, but we may convey a response earlier. You also understand that your eligibility for refund or account credit is subject to clause 26.1.2 of this Agreement.
Account credits cannot be refunded or redeemed as cash credits under any circumstances. Account credits, whether purchased by you or provided to you as a gesture of goodwill, can only be redeemed via purchase of any product/services(s) available at our website.
26.3 Suspension & cancellation
You expressly and irrevocably agree that we reserve the right to suspend/cancel any/all products included in a package if:
- You have any outstanding invoice or account.
- Your account is in dispute or dispute resolutions procedure, court order, judgement, findings or determination.
- You fail to comply with any provision in this agreement or those referenced in this agreement.
- There is evidence of fraudulent, illegal, defamatory, offensive activities, or any activity in breach of a third party's rights
- A competent regulatory authority/body requires us to do so.
- We deem your use of our products/service(s) may jeopardise the operation of the product/service, us or our suppliers.
- We deem any other reason as satisfactory to protect us, our staff and/or our suppliers.
Any suspension or cancellation is subject to clause 26.2.
If your account is cancelled under this agreement:
- You must pay all outstanding charges to us immediately.
- We may revoke/terminate any license issued to or by you in relations to the services as of the date of cancellation.
- We may immediately delete all data held prior to cancellation.
- We may perform any action without notice.