YABS Domains Terms and Conditions

Why YABS Domains?

  • - Never pay too much
  • - No Contract or hidden fee
  • - Ultrafast cloud hosting network
  • - Free setup and free applications
  • - Unlimited storage and bandwidth
  • - 99% uptime guarantee
  • - 24/7 server monitoring
  • - Free email addresses
  • - Daily backup
  • - 1 click setup
  • - Latest cPanel
  • - SEO and Social media marketing available
  • - Website maintenance contracts availa

Terms of Service

Introduction & Definitions

Welcome to the www.yabsdomains.com website (this "Site") which is owned and operated by Yabs Pty Ltd (Australia). These terms of use are a legal agreement ("this Agreement" or "these terms") which sets forth the terms and conditions which govern your use of this Site, as well as the products and services (individually and collectively, the "Services") found at this Site, but does not cover Services individually supplied by resellers. In order to become a user of Services, you must irrevocably agree to be bound by these terms. If you do not agree to be bound by these terms, you must ensure you do not indicate to us your acknowledgement and agreement to be irrevocably bound by these terms. Your acknowledgement and agreement to be irrevocably bound by these terms will be indicated to us upon making an application to us for the use or purchase of Services, purchasing or using the Services provided by us, or becoming one of our customers at any time, whichever occurs first. The following terms shall be defined as provided below. For example, references to "you", "your" and so on, shall refer to the person who requests the provision of any services provided by us. We, us, our, etc Yabs Pty Ltd (Australia) operating as www.yabsdomains.com and other sub-domains except where explicitly specified as otherwise. You, Your, Customer, User, etc The person who requests or utilises the provision of this Site, or any Services provided by us. Services Include any product, license, package or account offered by us. Days Shall refer to calendar days, unless specified otherwise. Spam Shall refer to distribution of unsolicited bulk and/or commercial electronic messages over the Internet. Supplier Shall refer to any third party which provides a product/service which we resell/offer to you. Representations you make about yourself


This Site and the Services found at this Site are available only to Users who can form legally binding contracts under applicable law. By using this Site, or by applying for, renewing, transferring, taking ownership, or using any Services found at this Site, you irrevocably undertake, represent, warrant and agree that:

1. You are at least 18 years of age, and that we may terminate this Agreement immediately without providing a refund if we discover that you are under 18 years of age at the time of entering into this Agreement; The Registered Name Holder shall provide to Registrar accurate and reliable contact details and promptly correct and update them during the term of the Registered Name registration, including: the full name, postal address, e-mail address, voice telephone number, and fax number if available of the Registered Name Holder; name of authorized person for contact purposes in the case of an Registered Name Holder that is an organization, association, or corporation;

2. Where you act on behalf of a corporate entity, you have the legal authority to bind such corporate entity to these terms, in which case the terms "you", "your", "User" or "customer" in this Agreement shall refer to such corporate entity. If, after your agreement to these terms, we learn that you do/did not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in these terms. We shall not be liable for any loss or damage resulting from our reliance on any instruction, notice, document or communication reasonably believed by us to be genuine and originating from an authorized representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, we reserve the right (but undertake no duty) to require additional authentication from you;

3. You shall not permit any other person to use your username in order to gain access to the service, nor shall you divulge to any other person any password which you may from time to time use in gaining access to the services. If your password becomes known, you will inform us immediately. We may require you to change your password where considered necessary, and

4. You agree at all times to indemnify us for any expenses, costs, damages, penalties, imposts and any other liabilities we incur from time to time, whether directly or indirectly, as a result of you transmitting or receiving or in any other manner using any information, which transmission, receipt or use is facilitated by or connected with the provision of services to you, including without limitation liability for breach of copyright or any other intellectual property rights

Terms governing your account

In order to access some of the features of this Site or use some of the Services found at this Site, you will have to activate an account ("Account"). You represent and warrant to us that all information you submit when you create your Account is accurate, current and complete, and that you will keep your Account information accurate, current and complete. If we have reasonable belief that your Account information is untrue, inaccurate, out-of-date or incomplete, we reserve the right to suspend or terminate your Account. A Registered Name Holder's willful provision of inaccurate or unreliable information, its willful failure promptly to update information provided to Registrar, or its failure to respond for over fifteen (15) calendar days to inquiries by Registrar concerning the accuracy of contact details associated with the Registered Name Holder's registration shall constitute a material breach of the Registered Name Holder-registrar contract and be a basis for cancellation of the Registered Name registration. You are solely responsible for the activity that occurs on your Account, whether authorized by you or not. It is your responsibility to ensure your Account information is secure, including without limitation your customer number/login, password, payment method(s), and shopper PIN. For security purposes, we recommend that you change your password and shopper PIN at least once every three (3) months for each Account you have with us. You must notify us immediately of any breach of security or unauthorized use of your Account. We will not be liable for any loss you incur due to any unauthorized use of your Account. You, however, may be liable for any loss we or others incur caused by your Account, whether caused by you, or by an authorized person, or by an unauthorized person. Any Registered Name Holder that intends to license use of a domain name to a third party is nonetheless the Registered Name Holder of record and is responsible for providing its own full contact information and for providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with the Registered Name.

A Registered Name Holder licensing use of a Registered Name according to this provision shall accept liability for harm caused by wrongful use of the Registered Name, unless it promptly discloses the current contact information provided by the licensee and the identity of the licensee to a party providing the Registered Name Holder reasonable evidence of actionable harm. 1.2.1 Registrar shall provide notice to each new or renewed Registered Name Holder stating: 1.2.1.1 The purposes for which any Personal Data collected from the applicant are intended; 1.2.1.2 The intended recipients or categories of recipients of the data (including the Registry Operator and others who will receive the data from Registry Operator); 1.2.1.3 Which data are obligatory and which data, if any, are voluntary; and 1.2.1.4 How the Registered Name Holder or data subject can access and, if necessary, rectify the data held about them. 1.2.1.5 The Registered Name Holder shall consent to the data processing referred to in Subsection 1.2.1 1.2.1.6 The Registered Name Holder shall represent that notice has been provided equivalent to that described in Subsection 1.2.1 to any third-party individuals whose Personal Data are supplied to Registrar by the Registered Name Holder, and that the Registered Name Holder has obtained consent equivalent to that referred to in Subsection 1.2.1.5 of any such third-party individuals. 1.2.1.7 Registrar shall agree that it will not process the Personal Data collected from the Registered Name Holder in a way incompatible with the purposes and other limitations about which it has provided notice to the Registered Name Holder in accordance with Subsection 1.2.1 above. 1.2.1.8 Registrar shall agree that it will take reasonable precautions to protect Personal Data from loss, misuse, unauthorized access or disclosure, alteration, or destruction. 1.2.1.9 The Registered Name Holder shall represent that, to the best of the Registered Name Holder's knowledge and belief, neither the registration of the Registered Name nor the manner in which it is directly or indirectly used infringes the legal rights of any third party. 1.2.1.10 For the adjudication of disputes concerning or arising from use of the Registered Name, the Registered Name Holder shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the Registered Name Holder's domicile and (2) where Registrar is located. 1.2.1.11 The Registered Name Holder shall agree that its registration of the Registered Name shall be subject to suspension, cancellation, or transfer pursuant to any ICANN adopted specification or policy, or pursuant to any registrar or registry procedure not inconsistent with an ICANN adopted specification or policy, (1) to correct mistakes by Registrar or the Registry Operator in registering the name or (2) for the resolution of disputes concerning the Registered Name. 1.2.1.12 The Registered Name Holder shall indemnify and hold harmless the Registry Operator and its directors, officers, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable legal fees and expenses) arising out of or related to the Registered Name Holder's domain name registration. If you are visiting this Site from a country other than the country in which our servers are located, your communications with us may result in the transfer of information (including your Account information) across international boundaries. By visiting this Site and communicating electronically with us, you consent to such transfers. Structure of terms These terms are structured so that there are clauses which apply to all Services ("the general clauses") and there are clauses which apply in respect of particular Services. Unless a specific subsection is cited, references to any clause include the subsection in that clause (for example, a reference to clause 1 includes this subsection 1.3, while a reference to clause 1.2 does not include this subsection 1.3).

For the purposes of these terms, the general clauses refer to clauses 1 to clauses 15, while the remaining clauses specify which particular Services they apply to. Several of the remaining clauses may not apply as you may not have purchased or used those particular Services. However, if you have purchased a particular Service, and there is an inconsistency between a general clause and the clause which applies in respect of that particular Service, you agree that the inconsistency shall be resolved by giving precedence to the clause applying to the particular Service.

Acceptable use & general conduct You irrevocably agree that it is your responsibility at all times to: • Use our service and services in a manner which does not violate any applicable laws or regulations • Respect the conventions of the newsgroups, lists and networks that you use • Respect the legal protection afforded by copyright, trademarks, license rights and other laws to materials accessible via our Service; • Respect the privacy of others • Use the service in a manner which does not interfere with or disrupt other network users, services or equipment; and • Refrain from acts that waste resources or prevent other users from receiving the full benefit of our Services • Ensure your use of our Services remains ethical and in accordance with accepted community standards It is not acceptable to use our Service(s) and you irrevocably agree that you will not use our Service(s) to: • Violate copyright or other intellectual property rights or publish any material that infringes any third party's intellectual property rights or any other rights; • Illegally store, use or distribute software; transmit threatening, obscene or offensive materials; • Engage in electronic 'stalking' or other forms of harassment such as using abusive or aggressive language; • Misrepresent or defame others; • Commit fraud; • Gain unauthorised access to any computing, information, or communications devices or resources, including but not limited to any machines accessible via the Internet; • Damage, modify or destroy the files, data, passwords, devices or resources of us, other users or third parties; • Engage in misleading or deceptive on-line marketing practices; • Conduct any business or activity or solicit the performance of any activity that is prohibited by law; • Make an unauthorised transmission of confidential information or material protected by trade secrets; • "Spam" or engage in "spamming" activities, or sending unsolicited commercial activities; • Engage obscene speech or materials, this includes, advertising, transmitting, storing, posting, displaying or otherwise making available; child pornography, offensive sexual content or materials or any other obscene speech or material; • Post or transmit defamatory, harassing, abusive or threatening language; • Create, distribute or provide information/data regarding internet viruses, worms, Trojan horses, pinging, flooding, mail-bombing or denial of service attacks; • Facilitate a violation of this clause and Acceptable Use Policy; • Perform any other action through utilization of any service which we deem unsatisfactory; • Run Proxy or any proxy related services, or • Use greater than 100,000 inodes (every file on your hosting account uses 1 inode), or create file system damage by the rapid creation of large volumes of files. You also agree not to attempt any of the following: • Use 25% or more of system resources for longer than 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, scripts, FTP, PHP, HTTP, Mail, etc • Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed • Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD • Run any software that interfaces with an IRC (Internet Relay Chat) network. • Run any gaming servers/services • Use hosting services for storage of any data not related to the displayed website. You are expressly prohibited from use as an online file repository • Run standalone, automated server-side processes including, but not limited to any daemon • Execute any script for longer than 180 seconds • Execute any database query that takes longer than 30 seconds to complete • Any activity which causes the server to crash / restart • Check their email more than every 3 minutes

You agree that we may at our discretion and by order of any law enforcement agency disclose information relating to your account and use of services. We may also report any action we find in breach of this agreement, local, state, federal or international laws and cannot be held liable for any outcome resulting in our actions. You must at all times comply with law. You irrevocably agree that you will also be in breach of this Agreement on violation of state, federal or international laws. You irrevocably agree that any breach of this clause can result in immediate termination of services and loss of all data held on provided services, and you release us, our staff and our suppliers of any liability resulting in such instances. Liability & indemnity You expressly and irrevocably 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 or use of Services, 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.

TO THE MAXIMUM 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.

You expressly and irrevocably agree that our total aggregate liability to you for any proven losses, damages and claims in connection with the provision or use of Services or this Agreement, including liability for breach of contract, negligence, tort, or any other common law or statutory action, shall be limited to the charges paid to us by you in respect of the Services which are the subject of any such claim. You agree to defend, indemnify and keep indemnified and hold us harmless from any: • Loss of business, contracts, profits or anticipated savings; • Other indirect or consequential or economic loss whatsoever; • Loss of data or inability to retrieve data resulting from delays, software incompatibility, hardware or software issues, outages, failed deliveries, and any service interruption not caused by us; • Injury to person or property allegedly caused by any products sold or otherwise distributed in connection with us; • Negligence, misconduct, or breach of this agreement by you; • Incomplete, inadequate or otherwise problematic use of any Services by you; • Omission or failure by you to obtain appropriate advice, including legal advice, in respect of any Services or this Agreement prior to making a purchase; • Incomplete, inadequate or lack of knowledge and experience necessary for use of any Services; • Allegation that your account infringes a third person's copyright, trademark, or intellectual property right, or misappropriates a third person's trade secrets due to the information you have provided us, and • Damages including but not limited to indirect, special, incidental, consequential or exemplary damages allegedly arising out of, resulting from, incidental to, or in connection with this Agreement or Services.

You understand that should we be notified of pending legal action, we may seek written confirmation from you concerning your obligation to indemnify us under this Agreement in accordance with these terms, and you expressly and irrevocably agree that failure to provide such confirmation may be considered a further breach of this Agreement. Where to do so is unlawful under any Act falling under the governing law of this Agreement, nothing contained in this Agreement excludes, restricts or modifies any condition, warranty or other obligation in relation to this Agreement and the Services and you. To the full extent permitted by law, where the benefit of a non-excludable condition, warranty or other obligation is conferred upon you pursuant to an Act falling under the governing law of this Agreement, 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 either the supplying of the service/product again or payment of the cost of having the service/product supplied again. You expressly and irrevocably agree that this clause survives the expiry and/or termination of Services or this Agreement. Should any part of these terms be made invalid by relevant legislation, that wording shall be deemed to be omitted and the remainder of the terms shall remain in force. Fees The charges for our services are published on our web site. We maintain the ability to change them at will, however changes are not retrospective. Charges for a service are those published at the time you request for the service. You agree to pay for all the services you request and/or use. Charges that you pay are non-refundable, except where we have expressly consented otherwise. You agree that failure to pay or failure of payment being honoured will void your application and relieve us of any responsibility with regards to the provision of the services applied for. You are solely responsible for the renewal of any held services with us. You acknowledge and agree that we may, at our discretion, choose to send notification of expiry but are not obliged to do so, but that it is your responsibility to ensure that your electronic contact address is valid, active and correct. You agree that we cannot be held responsible for any loss/suspension/termination of any service arising from a failure to renew your services. Payment You irrevocably agree and authorise that if any payment due from you to us is not received by the due date, that we may directly debit that payment using the credit card account details provided by you upon registration. We are entitled to recover (on a full indemnity basis) any costs, fees and charges (including legal costs) incurred in recovering any amounts owed to us by you. Without limitation to the above, we may charge an administration fee for any dishonoured cheques. You acknowledge that should we not receive renewal payment prior to the date of expiry we reserve the right to suspend Services immediately without notice. We may provide a 30 day grace period whereby we will hold your information and data on our servers. Should this period expire without payment, we reserve the right to purge all data pertaining to your account with us.

Payment Chargebacks You irrevocably agree that: • You cannot seek to reverse a payment (chargeback) in your favour. • We may hold you to the transaction, resist the chargeback, and charge you reasonable costs for doing so. • We hold the right to suspend and/or cancel your service and decline you from any further services until all applicable costs have been paid. • We reserve the right to engage the services of a debt collection agency should the above costs not be paid, and • You will be charged for collection costs in addition to applicable costs in the event that we exercise the right to engage he services of a debt collection agency should the above costs not be paid. General privacy policy Click to view Privacy Policy Notification You irrevocably agree that we may provide notification or communication by: • Emailing the notice or hyperlink to a webpage that contains the notice, to the most recent electronic contact address supplied to us • Faxing to or calling the most recent number supplied to us • Ordinary mail/hand delivery to the most recent postal address supplied to us • Any other method permitted by law You irrevocably agree that any notification or communication is deemed to have been received by you as follows: • If it (or hyperlink to it) is emailed: one hour after it leaves our mail server • If it is faxed: when issued successful delivery record from the machine • If it is mailed: at 10AM on the second business day after posting it • If it is hand delivered: at the time of delivery

In any other method: at the time by which it would have been delivered as per the normal course of the given method Right to deny In addition to any other options, we may, in our discretion, without notice, refuse to supply, cancel, suspend or transfer any service should we believe it is necessary to protect the integrity, stability and security of us, the Site, or our affiliates/agents; at the request of any law enforcement agency; pending any applicable dispute resolution process or in effort to avoid potential liability, civil or criminal, on our part. Amendments to Agreement We, in our sole and absolute discretion, may change or modify this Agreement, and any further agreements incorporated herein, at any time. Such amendments shall be effective immediately upon the posting of such amendments on this Site. Changes to this Agreement will become evident by the posting a "Last Revised" date at the bottom of this page. Further use of the Site and its Services will indicate acceptance of these revised conditions. If you do not agree to be bound by this Agreement as last revised, discontinue use of the Site and Service thereof. Waiver A waiver by us of a provision or right under this agreement is binding on it only if it is given in writing and signed by our authorised officer. A waiver is effective only in the specific instance and for the specific purpose for which it was given. Failure by us to exercise or delay in exercising a right under this agreement does not prevent our exercise of the same right at a later date or operate as a waiver of our rights in the matter. Further assurance You must at our request promptly execute and deliver such further documents and do such further acts as are reasonably necessary to give full effect to your obligations under this agreement. Reasonable Control We are not responsible for any delay in performing or failure to perform any obligation to you as a result of any matter beyond our reasonable control. Applicable law and entirety of Agreement You expressly and irrevocably agree that: a. This Agreement is governed by the law of Western Australia, and embodies the entire understanding and agreement between the parties, and supersedes all prior agreements, understandings and representations; b. We may amend these terms at any time, and such amendments will become effective as soon as they are posted on our website, following which if you continue to use the services, you are deemed to have agreed to be bound by those amendments. It is your responsibility to review our website periodically to ascertain whether these terms have been changed; c. Except as specified in 10 and 14(b), no variations may be made to this Agreement unless it is in writing and signed by our authorised representative; d. In the event of any dispute(s) or claim(s) which arise against us, including those concerning, in connection with or arising from this agreement (or any part thereof), or Services supplied by us, then I. You will submit to binding arbitration on the following terms: i. The arbitration shall take place in Perth, Western Australia, and the dispute shall be handled by an arbitrator of our choosing; ii. The arbitrator will reside in the state of Western Australia; iii. You are responsible for all costs related to such arbitration; iv. You will request us to make the necessary arrangements for a date and time for the directions hearing for the arbitration to be set within 60 days of the dispute arising; v. If the dispute cannot be handled in accordance with clause 14(d)I, or we have not made the necessary arrangements within 15 days of receiving the request you made under 14(d)Iv, you will submit to the exclusive jurisdiction of the courts of Perth, Western Australia to have the matter determined by a Judge or Magistrate vi. You are responsible for ensuring we have received the requests specified in clauses 14(d)Iiii and 14(d)Iiv of this Agreement. II. If we have still not made the necessary arrangements within 15 days of receiving the request you made under 4.5(d)Iv, you will submit to the exclusive jurisdiction of the courts of Perth, Western Australia to have the matter determined by a Judge or Magistrate. III. If you fail to comply with your obligations under clause 4.5(d)I of this Agreement, and/or bring a claim outside of the jurisdiction specified in this Agreement, then you shall indemnify us on a full indemnity (solicitor-client) basis for any costs we incur. Representations by us We do not operate any part of the domain name systems, or grant licensing for domain names. Those actions are maintained by the relevant registry(s) who are independently run beyond our control We are the domain name registrar, our obligations include: • The arrangement of domain name licenses to be granted to you by the relevant registry operators, subject to their rules, license terms, policies and any other requirements as listed by them and their governing bodies • Carrying out limited functions on behalf of the registry operators • Serving as a registrar of record • Provision of online facilities for the management of domain names • Provision of other, related services This document contains the terms and conditions that apply between you, us and the services we provide as the registrar. This document indicates the terms and conditions that are imposed by the relevant registry operators and the governing bodies to which they are associated. For so long as we are the registrar of record for a domain name there is a service agreement between us and its registrant on these terms and those imposed by the registry operators and their governing bodies. Application of these Terms in respect of representations You acknowledge and irrevocably agree that 1. 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; 2. You can only expect Services in accordance with the terms of this Agreement, and 3. In the event of any inconsistency between the representation(s) on other pages of the Site, and this Agreement, 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. 4. Ensure the product is appropriate and compatible for your needs and you supply a valid and accurate domain name. Refund - Agreement You expressly and irrevocably agree that: a. It is your responsibility to ensure that Services are utilized to their full potential; b. It is your responsibility to ensure the appropriateness and compatibility of Services that you are purchasing; c. You have ensured that Services that you are purchasing are appropriate and compatible to your needs prior to making the purchase; d. You have provided us with an accurate and complete domain name that cannot be changed at a later date, therefore you must ensure the spelling and grammar are accurate and appropriate for your needs e. We cannot provide refunds or indemnify you for the cost of purchase for any domain name Service. It is sold at cost price from and cannot be a dysfunctional service; f. We may choose, on your request to downgrade an account however no refund will be applied if outside the 72 hour cooling off period g. 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; h. Direct Deposit overpayments will either be returned via full account credit or transaction reversal minus surcharge; i. We take no responsibility for any mistakes in application either on the advice of our staff or your sole decision; and j. 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 Services, and you have breached your agreement with clause 20.1 of these Terms in any way whatsoever at any time after indicating your agreement to these Terms. Process of claiming refund In order to claim a refund, you undertake to clearly request a refund (and provide reasons for the request) via email to us within 72 hours from the date that the Service 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 is subject to clause 20.1.1 of this Agreement. Suspension & cancellation You expressly and irrevocably agree that we reserve the right to suspend/cancel any/all Service 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. • We deem your use of our services may jeopardize the operation of the 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 20.2. 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. Registry requirements Each registry operator has terms and conditions, policies and requirements covering the registration, renewal, dispute resolution, and transfer of domain name licenses. Each registry operator may impose new or amended terms and conditions, policies or requirements that take effect immediately. Some registry requirements are set out in this service agreement, others are cross-referenced. A registry operator may have or introduce new ones. You are responsible for familiarizing yourself with all registry requirements, whether or not they are included or referenced in this service agreement. You apply for, and accept, registration for any domain name subject to all applicable registry requirements from time to time. You release us from any claim arising from registry requirements or anything we do under them. We are unable us to enforce registry requirements against third parties. Domain name application In order to apply for a domain name license, you must: • Complete our application form in full. • Read and agree with our service agreement. • Submit the appropriate registration fee. • Satisfy any requirements pertaining to the domain name license being applied for, and any other requirements notified by us. Submission of an application does not assure you of a domain name license, even if a preliminary check indicates domain availability. Your application's success is fulfilled only if: • Full registration fee has been paid and all cheques honoured by your bank and confirmed by our accounts department. • Your application complies with the association requirements and policies of the applicable registry operator. • The applicable registry operator approves your application and permits the issue of domain name license. • We have notified you in writing of the final approval of your application. You acknowledge that the registry operator reserves the right to reject registrations at any time. You may not assume the success of your application nor take any steps or outlay any further investment on the assumption that your application was successful. In any event, we shall not be responsible for any losses and damages that you may have suffered in reliance of your belief that your application would be successful. Domain name licensing The issue of a domain name license entitles you to status of licensee for the domain name. A domain name is not an item of property and has no 'owner'. It is classed as an entry on the database of the registry operator. The terms application, registration, activation, transfer of (and so on) a domain name merely reflect the application, registration, activation, transfer of (and so on) a domain name license. A domain name license is subject to its license terms. It may not be used in breach of those license terms, many of which are registry operator (and their relating bodies) requirements, beyond our control. Ownership of all copyright and database rights is kept by the registry operator. You should not rely on the continued provision of a domain name license as evidence of a grant or renewed grant of permission to the use of the same. It is your responsibility to ensure a domain name license is within bounds of registry operator (and their relating bodies) requirements. You hold full responsibility for the renewal of domain name licenses. Domain name registration period A domain name license has a fixed period once activated. Some domain name licenses have a choice of periods, some are fixed. Our application form will indicate the periods available for application. The domain name license period (pending its approval) will be that applied for. Registration renewal You may renew your domain name license in accordance with these terms and those of the relevant registry operator. You are solely responsible for renewing your domain name license. If you fail to do so prior to the end of previous license term your domain may become available for registration by third parties. You release us from any potential claim arising from your failure to renew a domain name license. We may elect to send notification of pending renewal as a courtesy, however: • You irrevocably agree that you will have no claim against us if we do not provide notification, or if notification does not reach you. It is your sole responsibility to ensure your electronic contact method is correct, active and fully functional. We will make an effort to advise the registrant of the need to renew a domain name, preferably at least 30 days prior to expiry, by at least: • sending an email to the registrant's email address, and/or • sending a notice to the registrant's postal address as recorded in the WHOIS information for that domain name. You are not obliged to renew your domain name license, nor pay any fees associated, unless you choose to do so. If you choose to renew your domain name license you shall: • Agree to any fees required as directed. • Agree to the latest service agreement as well as any related policies or requirements listed by the relevant registry operator. • Indicate the period for renewal from the available renewal periods as specified by us. A renewal is only successful if: • The renewal fee has been paid and honoured. • Your renewal complies with the services agreement, polices and requirements of us and the relevant registry operator. • The relevant registry operator approves the renewal request. • We have notified you in writing that your application for renewal has been approved. The period of your renewed domain name license is taken to commence from the date of expiry of your previous license. Registration transfer You are able, at various times to process a change of your domain name license. These times are strictly limited to those mentioned within this document which includes the policies and requirements of the relevant domain registry(s). Registrant transfer A registrant transfer transfers ownership of a domain name license from one registrant to another. A registrant transfer consists of a transferor (old registrant) and a transferee (new registrant). In order to successfully complete registrant transfer you must: • Provide to us a complete Domain Transfer of Ownership form, as available on our website. The information on this form must be correct, valid and satisfy the requirements set out by the related registry operator. • Ensure that the transferor pays any outstanding fees owing to us. • Pay any specified fee's relating to the process of a registrant change. • Supply satisfactory documentation identifying both the transferor and transferee. • Ensure that the Transferee, in accordance with the Domain Transfer of Ownership form acknowledges the entry of this service agreement, our policies, and any requirements/policies of the related registry operator. The transferor releases us from any claims arising under or in relation to this agreement, their domain name license or its transfer as soon as the transfer is affected. Registrar transfer in You are able (subject to policy of the relevant registry operator) apply for the transfer of a domain name license from another domain registrar (company) to ours. A registrar transfer to us is treated as an application for registration in that all clauses in this document are equally applicable. By applying for registrar transfer you agree with this service agreement and any policies as listed by us or the relevant registry operator. Registrar transfer out As you are able to process a registrar transfer to us, you are also able to apply for a registrar transfer to another company. A transfer out is governed by the clauses of this document with reference to the specific section which pertains to the domain name which you are applying to transfer (.e.g. .com, .au, etc). Privacy & WHOIS Service When a domain name license is registered, certain information is collected for use on the WHOIS service. The WHOIS service allows internet users to query a domain name to find out the identity and contact details of the registrant. The public WHOIS service is a standard feature of domain name systems around the world and is subject to the relevant registry operator's policies and requirements. For .au domain registrations please see auDA's WHOIS policy at http://www.auda.org.au/whois-policy All Private Registration applications are subject to relevant policies and requirements of the Private Registry Authority and based on your agreement to such policy. By applying and making use of Services provided either directly or through a third party of Private Registry Authority, you understand and agree to all policies, both provided and referred by Private Registry Authority. Domain name cancellation If your domain name license is cancelled for any reason, under these terms or registry operator requirement; a third party may register the domain name instead of you and you release us from any claim arising from the cancellation. Back Order Service The Back Order service is supplied with the intention to register the back ordered domain name upon it becoming available through the respective registry. All Back Order applications are subject to the full terms and conditions contained within this document. Placing a Back Order does not in any way guarantee that the specified domain name will be registered to you at any time. We will make every effort to secure domain registration, subject to the terms contained within this entire document. It is possible that the specified domain name will never become available for registration. This means that your Back Order may never be successful, no matter how long you retain the Back Order. Upon application, the specified domain name will enter our Back Order system. Back Orders will be placed on a first come, first serve basis. Other clients of ours may place Back Orders for the same domain name. The first application will be treated with 100% priority. We may, or may not disclose that there is an existing Back Order for the specified domain name. Cancellation - A Back Order can be cancelled at any time however no refund for funds paid, either in full or pro rate shall be supplied. By placing a Back Order application you agree to: • Indemnify and refrain from holding us responsible or liable in any way whatsoever if we are unable to register your Back Order application and specified domain name. • Abide by all terms, conditions, process and policies described within our full Service Agreement Your Back Order is only valid for the period which commences from the date that your Back Order request is accepted by us and terminates on the expiration date of your Back Order service. It is entirely your responsibility to ensure the renewal of your Back Order service. Failing to renew your Back Order service prior to the expiration date may forego any priority for a domain name Back Order in the situation of several Back Order application's for the same domain name. Releases and indemnities This clause is in addition to any other release or indemnity that you give us under this agreement and any of the relevant registry operators' policies and agreements. You indemnify us against any dispute between you and any third party with respect to any service offered by us. You must indemnify, defend and hold us harmless in relation to all disputes on any domain name, its registry operator (e.g. AusRegistry for .au domains, Verisign Inc for .com domains) You must indemnify, defend and hold all of our directors, officers, employees, agents and affiliates from and against any/all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses arising out of or relation to the provision and use of our services Each indemnity and release given to us or any other party under this agreement survives the termination or expiration of any service agreement. Limitation on liabilities This agreement does not exclude some laws, particularly the Trade Practices Act 1974. Such laws may provide rights and remedies that cannot be changed or excluded by this agreement; • We exclude all implied conditions and warranties, except any implied conditions and warranties, except any implied condition or warranty the exclusion of which would contravene any statute or cause any part of this Agreement to be void ("Non-excludable Condition"). • The liability of us to you for breach of any express provision of this Agreement or any Non-excludable Condition is limited, at the option of us, to refunding the price of the services in respect of which the breach occurred or to providing those services again (except for services of a kind ordinarily acquired for personal domestic or household use or consumption, in respect of which the liability of us is not limited under this Agreement). • We are not liable for any failure to perform, or delay in performing, its obligations under this Agreement due to anything beyond its reasonable control. If that failure or delay exceeds 48 hours, you may terminate this Agreement with immediate effect by notice in writing to us. • You shall not hold us liable for any loss of privacy, provision of inaccurate information of advice, or damage to your computer systems or files, which may at any time result from your use of the Services. You understand that the email can be read in transit. • You accept sole legal responsibility for any messages, file, data or other form of communication which you may from time to time add to or transmit via the Services or receive in any manner whatsoever, and absolve us from any such legal responsibility in this regard. You understand and agree that opinions, advice, services and all other information expressed on the Internet are those of the provider and not of us. We exercise no control whatsoever over the content of the information passing through the Services. Registrant Authority We may act on instructions or requests from a person who to us appears to be the registrant or person acting under authority of the registrant, without being under any obligation to do so having lodged notice of dispute as to the authority of that person. You release use from any claim arising from action affected with relation to this clause. General terms for domain names Registry requirements Each registry operator has terms and conditions, policies and requirements covering the registration, renewal, dispute resolution, and transfer of domain name licenses. Each registry operator may impose new or amended terms and conditions, policies or requirements that take effect immediately. Some registry requirements are set out in this service agreement, others are cross-referenced. A registry operator may have or introduce new ones. You are responsible for familiarizing yourself with all registry requirements, whether or not they are included or referenced in this service agreement. You apply for, and accept, registration for any domain name subject to all applicable registry requirements from time to time. You release us from any claim arising from registry requirements or anything we do under them. We are unable us to enforce registry requirements against third parties. Domain name licensing The issue of a domain name license entitles you to status of licensee for the domain name. A domain name is not an item of property and has no 'owner'. It is classed as an entry on the database of the registry operator. The terms application, registration, activation, transfer of (and so on) a domain name merely reflect the application, registration, activation, transfer of (and so on) a domain name license. A domain name license is subject to its license terms. It may not be used in breach of those license terms, many of which are registry operator (and their relating bodies) requirements, beyond our control. Ownership of all copyright and database rights is kept by the registry operator. You should not rely on the continued provision of a domain name license as evidence of a grant or renewed grant of permission to the use of the same. It is your responsibility to ensure a domain name license is within bounds of registry operator (and their relating bodies) requirements. You hold full responsibility for the renewal of domain name licenses. Domain name application In order to apply for a domain name license, you must: • Complete our application form in full. • Read and agree with our service agreement. • Submit the appropriate registration fee. • Satisfy any requirements pertaining to the domain name license being applied for, and any other requirements notified by us. Submission of an application does not assure you of a domain name license, even if a preliminary check indicates domain availability. Your application's success is fulfilled only if: • Full registration fee has been paid and all cheques honoured by your bank and confirmed by our accounts department. • Your application complies with the association requirements and policies of the applicable registry operator. • The applicable registry operator approves your application and permits the issue of domain name license. • We have notified you in writing of the final approval of your application. You acknowledge that the registry operator reserves the right to reject registrations at any time. You may not assume the success of your application nor take any steps or outlay any further investment on the assumption that your application was successful. In any event, We shall not be responsible for any losses and damages that you may have suffered in reliance of your belief that your application would be successful. Domain name registration period A domain name license has a fixed period once activated. Some domain name licenses have a choice of periods, some are fixed. Our application form will indicate the periods available for application. The domain name license period (pending its approval) will be that applied for. Registration renewal You may renew your domain name license in accordance with these terms and those of the relevant registry operator. You are solely responsible for renewing your domain name license. If you fail to do so prior to the end of previous license term your domain may become available for registration by third parties. You release us from any potential claim arising from your failure to renew a domain name license. We may elect to send notification of pending renewal as a courtesy, however: • We are never obliged to do so. • You have no claim against us if we do not provide notification, or if notification does not reach you. It is your sole responsibility to ensure your electronic contact method is correct, active and fully functional. You are not obliged to renew your domain name license, nor pay any fees associated, unless you choose to do so. If you choose to renew your domain name license you shall: • Agree to any fees required as directed. • Agree to the latest service agreement as well as any related policies or requirements listed by the relevant registry operator. • Indicate the period for renewal from the available renewal periods as specified by us. A renewal is only successful if: • The renewal fee has been paid and honoured. • Your renewal complies with the services agreement, polices and requirements of us and the relevant registry operator. • The relevant registry operator approves the renewal request. • We have notified you in writing that your application for renewal has been approved. The period of your renewed domain name license is taken to commence from the date of expiry of your previous license. Registration transfer You are able, at various times to process a change of your domain name license. These times are strictly limited to those mentioned within this document which includes the policies and requirements of the relevant domain registry(s). Registrant transfer A registrant transfer transfers ownership of a domain name license from one registrant to another. A registrant transfer consists of a transferor (old registrant) and a transferee (new registrant). In order to successfully complete registrant transfer you must: • Provide to us a complete Domain Transfer of Ownership form, as available on our website. The information on this form must be correct, valid and satisfy the requirements set out by the related registry operator. • Ensure that the transferor pays any outstanding fees owing to us. • Pay any specified fee's relating to the process of a registrant change. • Supply satisfactory documentation identifying both the transferor and transferee. • Ensure that the Transferee, in accordance with the Domain Transfer of Ownership form acknowledges the entry of this service agreement, our policies, and any requirements/policies of the related registry operator. The transferor releases us from any claims arising under or in relation to this agreement, their domain name license or its transfer as soon as the transfer is affected. Registrar transfer in You are able (subject to policy of the relevant registry operator) apply for the transfer of a domain name license from another domain registrar (company) to ours. A registrar transfer to us is treated as an application for registration in that all clauses in this document are equally applicable. By applying for registrar transfer you agree with this service agreement and any policies as listed by us or the relevant registry operator. Registrar transfer out As you are able to process a registrar transfer to us, you are also able to apply for a registrar transfer to another company. A transfer out is governed by the clauses of this document with reference to the specific section which pertains to the domain name which you are applying to transfer (.e.g. .com, .au, etc). Agreement amendment We may amend this agreement at any time. Amended terms take effect when they are published unless otherwise specified following which if you continue to use the services, you are deemed to have agreed and be bound to such amendments. We maintain the ability to amend this agreement with retrospective effect in response to any illegal or antisocial conduct that is occurring or likely to occur. New and amended registry operator requirements may take affect from time to time as indicated by clause 6. Registrant The current licensee of a domain name. .auDA .au Domain Administration Limited ACN 079009340. .auDA policy Any policy listed by auDA. http://www.auda.org.au/ Domain name license A license for the use of a particular domain name. Domain name license terms The terms and conditions which apply to a domain license. gTLD domain Global Top Level Domain. A domain that ends in .com, .net, .org, .info or .biz. ICANN Internet Corporation for Assigned Names and Numbers. Member A person who registers with us as a member and is provided with a member ID. Published Policies The specifications and policies established and published by auDA from time to time at http://www.auda.org.au/ Registrar Entity responsible for the provision of domain name licenses. Registrar of record Entity by which a specific domain name is licensed through. Registration fee Current charge in respect of a domain name license. Registration period The period that a domain name license lasts for. Registry operator The entity which issues domain name licenses and maintains their respective records. Renewal fee Current charge in respect of renewing a domain name license. Registrant Transfer The transfer of a domain name license from one registrant/member to another. We refer to this as a transfer of ownership. Registrar Transfer The transfer of a domain name license from one registrar to another. Nominet Domain name administration body for .uk domain names (Nominet UK - Company Number 3203859). DNC Domain Name Commission Limited. NZRS New Zealand Domain Name Registry Limited. Web Hosting Terms 17 Web Hosting This entire clause 17 relates to the Web Hosting Product. 17.1 Representations by us 17.1.1 Application of these Terms in respect of representations You acknowledge and irrevocably agree that 1. 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 17.1.2; 2. You can only expect Services in accordance with the terms of this Agreement, and 3. In the event of any inconsistency between the representation(s) on other pages of the Site, and this Agreement, especially clause 17.1.2, 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. 17.1.2 Setup It is your responsibility to ensure that any applied hosting package application is completed and activated ready for full use. Quoted times for account activation are estimates and we do not guarantee or imply activation within the quoted time frame. We may delay or refuse activation if: • Payment is not cleared or received in full. • We believe the order, information or payment is fraudulent. • You have any funds outstanding with relation to any other account. • The domain name quoted does not exist, is in a non-usable state (e.g pending renew) or deemed to be proposed for use that voids our Acceptable Use policy. • There is any other reason which we deem satisfactory. We may send notification of hosting activation however: • Your contact details must be correct and up to date. • This is not final word that your hosting is fully active and ready for use, you must ensure the hosting is fully functional. You release us of any claim arising from failed hosting activation whether at fault of our system, our staff or any other factor out of our reasonable control. 17.1.3 Service Levels We will endeavour to maintain network stability and satisfactory service levels, however you irrevocably agree that: 1. We may from time to time perform routine maintenance, service and upgrades. We will endeavour to act on such instances at the most convenient times and provide reasonable notice by any means we deem satisfactory. 2. We may experience outages beyond our control caused by any of the following; force majeure (any 'act of god' including those induced by negative human activities), war, invasion, act of hostilities, civil war, rebellion, military power or confiscation, terrorist activities, nationalism, governmental/quasi-governmental sanction, restraint, embargo, prohibition or intervention, blockage, labour dispute, general strike, lockout or failure of utilities (electricity, telephone, etc), failure of hardware (our hardware as well as third party), failure of software, failed software or hardware upgrade or any other failure as caused by us, our suppliers or any third party 3. We may, at our discretion provide notification of outages whether planned or unplanned. 4. You release us from any claim or potential claim with relation to outages and any loss of business/service suffered by you or any third party. 17.1.4 Third Party Services We may provide services directly or via a third party. Third party services may be subject to specific agreements as supplied by them. By applying or using any service offered by us you must agree to this agreement and any agreement of our third party suppliers. 17.2 Refunds 17.2.1 Agreement You expressly and irrevocably agree that: a. It is your responsibility to ensure that Services are utilized to their full potential; b. It is your responsibility to ensure the appropriateness and compatibility of Services that you are purchasing; c. You have ensured that Services that you are purchasing are appropriate and compatible to your needs prior to making the purchase; d. We are not obliged to provide refunds for any Service, but we may offer refund only if a cancellation request is filed within 72 hours of the purchase application being made; e. We may choose, on your request to downgrade an account however no refund will be applied if outside the 72 hour cooling off period f. Refunds granted 30 days after application will incur a minimum surcharge; g. 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; h. Direct Deposit overpayments will either be returned via full account credit or transaction reversal minus surcharge; i. Your request for refund will be denied where: i. Service on the claim 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); ii. We believe you have breached your agreement with clause 4.1.1(a), (b) and (c) in any way; iii. We believe that you have not chosen to undertake the 30 day free trial (see 30 Day Free Trial) and you are claiming a refund pursuant to incompatibility with your operating systems; iv. We believe that you have chosen to undertake the 30 day free trial (see 30 Day Free Trial) and, after 30 days has expired, you are claiming a refund pursuant to incompatibility with your operating systems; v. 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 vi. We believe the request is fraudulent. j. We take no responsibility for any mistakes in application either on the advice of our staff or your sole decision; and k. 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 Services, and you have breached your agreement with clause 17.1 of these Terms in any way whatsoever at any time after indicating your agreement to these Terms. 17.2.2 Process of claiming refund In order to claim a refund, you undertake to clearly request a refund (and provide reasons for the request) via email to us within 72 hours from the date that the Service 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 is subject to clause 17.2.1 of this Agreement. 17.3 Suspension & cancellation You expressly and irrevocably agree that we reserve the right to suspend/cancel any/all Service 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. • We deem your use of our services may jeopardize the operation of the 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 17.2. 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. 17.4 Web Hosting cancellation We hold the right to suspend/cancel/terminate any hosting service for any of the following: • Non-payment or failure to renew service. • Chargeback/reverse of payment. • If we have reason to believe you are not using the services in accordance with this service agreement. • If a competent regulatory authority/body requires us to do so. • At our sole discretion. Service provision may also be suspended/cancelled or terminated: • If you are in breach of this agreement or registry operator policy. We may give you notice identifying the breach and requiring remedy with a specific time frame. • If you do not comply with our breach notice. You release us of any claim arising from suspension, cancellation or termination of any service. Email Hosting Terms 18 Email Hosting & Exchange This entire clause 18 relates to the Email Hosting and/or Email Exchange Product. 18.1 Representations by us 18.1.1 Application of these Terms in respect of representations You acknowledge and irrevocably agree that 1. 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 18.1.2; 2. You can only expect Services in accordance with the terms of this Agreement, and 3. In the event of any inconsistency between the representation(s) on other pages of the Site, and this Agreement, especially clause 18.1.2, 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. 18.1.2 Terms/Representations 1. 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. 2. This Service is an email productivity tool based on the Microsoft Exchange Server platform that allows you to access and synchronize your email, contacts, calendars, and task management tools. 3. 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. 18.2 Refunds 18.2.1 Agreement You expressly and irrevocably agree that: a. It is your responsibility to ensure that Services are utilized to their full potential; b. It is your responsibility to ensure the appropriateness and compatibility of Services that you are purchasing; c. You have ensured that Services that you are purchasing are appropriate and compatible to your needs prior to making the purchase; d. We are not obliged to provide refunds for any Service, but we may offer refund only if a cancellation request is filed within 72 hours of the purchase application being made; e. We may choose, on your request to downgrade an account however no refund will be applied if outside the 72 hour cooling off period f. Refunds granted 30 days after application will incur a minimum surcharge; g. 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; h. Direct Deposit overpayments will either be returned via full account credit or transaction reversal minus surcharge; i. Your request for refund will be denied where: i. Service on the claim 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); ii. we believe you have breached your agreement with clause 18.1.1(a), (b) and (c) in any way; iii. We believe that you have not chosen to undertake the 30 day free trial (see 30 Day Free Trial) and you are claiming a refund pursuant to incompatibility with your operating systems; iv. We believe that you have chosen to undertake the 30 day free trial (see 30 Day Free Trial) and, after 30 days has expired, you are claiming a refund pursuant to incompatibility with your operating systems; v. 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 vi. we believe the request is fraudulent. j. We take no responsibility for any mistakes in application either on the advice of our staff or your sole decision; and k. 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 Services, and you have breached your agreement with clause 18.2 of these Terms in any way whatsoever at any time after indicating your agreement to these Terms. 18.2.2 Process of claiming refund In order to claim a refund, you undertake to clearly request a refund (and provide reasons for the request) via email to us within 72 hours from the date that the Service 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 is subject to clause 18.2.1 of this Agreement. 18.3 Suspension & cancellation You expressly and irrevocably agree that we reserve the right to suspend/cancel any/all Service 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. • We deem your use of our services may jeopardize the operation of the 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 18.2. 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. 18.4.1 Email Hosting cancellation We hold the right to suspend/cancel/terminate any hosting service for any of the following: • Non-payment or failure to renew service. • Chargeback/reverse of payment. • If we have reason to believe you are not using the services in accordance with this service agreement. • If a competent regulatory authority/body requires us to do so. • At our sole discretion. Service provision may also be suspended/cancelled or terminated: • If you are in breach of this agreement or registry operator policy. We may give you notice identifying the breach and requiring remedy with a specific time frame. • If you do not comply with our breach notice. You release us of any claim arising suspension, cancellation or termination of any service. Server Terms 19 Servers This entire clause 19 relates to the Servers Product. 19.1 Representations by us 19.1.1 Application of these Terms in respect of representations You acknowledge and irrevocably agree that 1. 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 19.1.2; 2. You can only expect Services in accordance with the terms of this Agreement, and 3. In the event of any inconsistency between the representation(s) on other pages of the Site, and this Agreement, especially clause 19.1.2, 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. 19.1.2 Terms/Representations What you will get from a standard unmanaged service server container with connection to the internet so as to allow you to completely manage the setup of the server. It is your responsibility to install and configure whichever option you wish. No special support is provided beyond the scope of providing the server. If you require further assistance, you are expected to pay a greater fee and purchase a managed service. 19.2 Refunds 19.2.1 Agreement You expressly and irrevocably agree that: a. It is your responsibility to ensure that Services are utilized to their full potential; b. It is your responsibility to ensure the appropriateness and compatibility of Services that you are purchasing; c. You have ensured that Services that you are purchasing are appropriate and compatible to your needs prior to making the purchase; d. We are not obliged to provide refunds for any Service, but we may offer refund only if a cancellation request is filed within 72 hours of the purchase application being made; e. We may choose, on your request to downgrade an account however no refund will be applied if outside the 72 hour cooling off period f. Refunds granted 30 days after application will incur a minimum surcharge; g. 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; h. Direct Deposit overpayments will either be returned via full account credit or transaction reversal minus surcharge; i. Your request for refund will be denied where: i. Service on the claim 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); ii. We believe you have breached your agreement with clause 4.1.1(a), (b) and (c) in any way; iii. We believe that you have not chosen to undertake the 30 day free trial (see 30 Day Free Trial) and you are claiming a refund pursuant to incompatibility with your operating systems; iv. We believe that you have chosen to undertake the 30 day free trial (see 30 Day Free Trial) and, after 30 days has expired, you are claiming a refund pursuant to incompatibility with your operating systems; v. 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 vi. We believe the request is fraudulent. j. We take no responsibility for any mistakes in application either on the advice of our staff or your sole decision; and k. 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 Services, and you have breached your agreement with clause 4.1 of these Terms in any way whatsoever at any time after indicating your agreement to these Terms. 19.2.2 Process of claiming refund In order to claim a refund, you undertake to clearly request a refund (and provide reasons for the request) via email to us within 72 hours from the date that the Service 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 is subject to clause 4.1.1 of this Agreement. 19.3 Suspension & cancellation You expressly and irrevocably agree that we reserve the right to suspend/cancel any/all Service 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. • We deem your use of our services may jeopardize the operation of the 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 19.2. 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. Web Builder Terms 16 WebBuilder Agreement This entire clause 16 relates to the WebBuilder Product. 16.1 Representations by us 16.1.1 Application of these Terms in respect of representations You acknowledge and irrevocably agree that: 1. 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 16.1.2; 2. You can only expect Services in accordance with the terms of this Agreement, and 3. In the event of any inconsistency between the representation(s) on other pages of the Site, and this Agreement, especially clause 16.1.2, 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. 16.1.2 Terms/Representations 1. 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. 2. We estimate that we offer a large number of designs for Web & Mobile, on the basis of the combinations of available fonts, colours, graphics, backgrounds, etc. The estimate may include any number of designs which, with the exception of incremental differences, appear similar. 3. With the eShop Shopping Cart, you can add unlimited products with shopping cart functionality and a secure PayPal plug into your Website Builder and start selling your products. Mastercard and Visa gateways are only provided through the PayPal plugin. 4. Although no software or advanced technical knowledge is required, as with most Services, some level of knowledge and experience with computers, software and the internet is required to use the Service. Knowledge or experience from more than 3 years from the date of purchase may not be sufficient for this Service. Customers who read the FAQs and instruction manuals have found the Service easy to use. 5. Our software automatically creates a mobile optimised HTML version of your website for devices such as iPhone and iPad which do not have Adobe Flash-enabled. However, flash-enabled devices will not require the optimised version. Some features and aspects of design in the optimised version may not appear like the flash version. 6. We may provide services directly or via a third party. Third party services may be subject to specific agreements as supplied by them. By applying or using any service offered by us you must agree to this agreement and any agreement of our third party suppliers. 16.2 Refunds 16.2.1 Agreement You expressly and irrevocably agree that: a. It is your responsibility to ensure that Services are utilized to their full potential; b. It is your responsibility to ensure the appropriateness and compatibility of Services that you are purchasing; c. You have ensured that Services that you are purchasing are appropriate and compatible to your needs prior to making the purchase; d. We are not obliged to provide refunds for any Service, but we may offer refund only if a cancellation request is filed within 72 hours of the purchase application being made; e. We may choose, on your request to downgrade an account however no refund will be applied if outside the 72 hour cooling off period f. Refunds granted 30 days after application will incur a minimum surcharge; g. 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; h. Direct Deposit overpayments will either be returned via full account credit or transaction reversal minus surcharge; i. Your request for refund will be denied where: i. Service on the claim 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); ii. We believe you have breached your agreement with clause 16.1.1(a), (b) and (c) in any way; iii. We believe that you have not chosen to undertake the 30 day free trial (see 30 Day Free Trial) and you are claiming a refund pursuant to incompatibility with your operating systems; iv. We believe that you have chosen to undertake the 30 day free trial (see 30 Day Free Trial) and, after 30 days has expired, you are claiming a refund pursuant to incompatibility with your operating systems; v. 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 vi. We believe the request is fraudulent. j. We take no responsibility for any mistakes in application either on the advice of our staff or your sole decision; and k. 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 Services, and you have breached your agreement with clause 16.2 of these Terms in any way whatsoever at any time after indicating your agreement to these Terms. 16.2.2 Process of claiming refund In order to claim a refund, you undertake to clearly request a refund (and provide reasons for the request) via email to us within 72 hours from the date that the Service 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 is subject to clause 16.2.1 of this Agreement. 16.3 Suspension & cancellation You expressly and irrevocably agree that we reserve the right to suspend/cancel any/all Service 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. • We deem your use of our services may jeopardize the operation of the 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 16.2. 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. 16.4 30 Day Free Trial In addition to acceptance of these terms is acceptance that the Services provided are compatible with your operating systems and needs. We offer a 30 day risk free trial during which you may assess the service's appropriateness and compatibility with your operating systems or specific needs. We will provide you with the service upon your request, but should you fail to take a 30 day risk free trial, you irrevocably indicate to us that the Services are fully compatible with our operating systems and needs. You shall be taken to have understood and accepted all these terms and conditions relating to 30 day risk free trials. In particular, you have 30 days from the date of supply of the service in which to utilise and assess the service, and you will not be obliged to make any payments to us nor will you be obliged to enter into any further agreements with us during this period. If you choose to utilise this 30 day trial period, you understand the risks associated with the service provided and you accept the program's appropriateness and compatibility with your operating systems. During this 30 day trial period, you must comply with the terms and conditions specified under the clause relating to "Acceptable use & general conduct" (clause 2). If you choose to continue to use the product after the conclusion of the 30 day trial period, then you agree to all the terms and conditions and you are taken to have entered into this binding agreement. You may also choose to enter into a binding agreement for a fee before the 30 day trial period has ended, on the condition that you forfeit the benefit of any remaining free trial days. If you are not satisfied with the appropriateness of the service within the 30 day period, then it is your responsibility to terminate the Service prior to the conclusion of the 30 day period. Such termination would be at no extra cost and you will no longer be bound by any agreements made with us relating to the Service which was the subject of the trial period. You must communicate by email or by telephone, before close of business, your desire to end the use of the service with us by the 30th day of the trial period or, if the 30th day falls on a weekend or public holiday, the next day of business. You understand that it is your responsibility to ensure that this communication is received by us within the time period specified. Failure to do so may result in an assumption that you agree to continue with the use of the service and usual fees and charges may begin to apply. Once the 30 day trial period has concluded, should make a request for refund and notwithstanding the stated basis for your request, we believe it is based on incompatibility with your operating systems, incompatibility with your specific needs, or that you no longer want to use the Service, your request for refund will be denied. 21 Fax to Email This entire clause 21 relates to the Fax to Email Product. 21.1 Representations by us 21.1.1 Application of these Terms in respect of representations You acknowledge and irrevocably agree that 1. 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 21.1.2; 2. You can only expect Services in accordance with the terms of this Agreement, and 3. In the event of any inconsistency between the representation(s) on other pages of the Site, and this Agreement, especially clause 21.1.2, 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. 21.1.2 Terms/Representations 1. 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. 2. The Fax to Email Service allows the sending and receiving of faxes through email, using a fax number provided to you by us. This Service uses the Internet rather than active telephone communication lines. The Service effectively combines email and fax transmission. It is your responsibility to ensure the fax number provided to you is available, accessible and working. You are expected to test this number within 48 hours of it being issued. If after testing, the number is unavailable or not working, it is your responsibility to contact and advise Yabs Pty Ltd by email immediately. Yabs Pty Ltd trading as Yabs Domains will not be liable for any expenses you incur as a result of failure to ensure the availability and accessibility of the fax number within 48 hours of purchase. 3. Upon the expiration or other termination of your Fax To Email account, we may reissue or reassign the fax number previously used by you. Accordingly, you irrevocably agree to indemnify us from any claims as a result of such reassignment. 4. Fax To Email does not provide archives for stored data. You irrevocably agree that it is your responsibility to back-up any of your data on the Service and that you will indemnify us for any loss of data, damage or destruction of information, contact lists, or any other content contained on the Service. 5. You are responsible for any content that is transmitted using the Service. 6. We are not responsible or liable for any damage suffered by any person, directly or indirectly, through your use of the Service 21.2 Refunds 21.2.1 Agreement You expressly and irrevocably agree that: a. It is your responsibility to ensure that Services are utilized to their full potential; b. It is your responsibility to ensure the appropriateness and compatibility of Services that you are purchasing; c. You have ensured that Services that you are purchasing are appropriate and compatible to your needs prior to making the purchase; d. We are not obliged to provide refunds for any Service, but we may offer refund only if a cancellation request is filed within 72 hours of the purchase application being made; e. We may choose, on your request to downgrade an account however no refund will be applied if outside the 72 hour cooling off period f. Refunds granted 30 days after application will incur a minimum surcharge; g. 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; h. Direct Deposit overpayments will either be returned via full account credit or transaction reversal minus surcharge; i. Your request for refund will be denied where: i. Service on the claim 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); ii. We believe you have breached your agreement with clause 21.1.1(a), (b) and (c) in any way; iii. We believe that you have not chosen to undertake the 30 day free trial (see 30 Day Free Trial) and you are claiming a refund pursuant to incompatibility with your operating systems; iv. We believe that you have chosen to undertake the 30 day free trial (see 30 Day Free Trial) and, after 30 days has expired, you are claiming a refund pursuant to incompatibility with your operating systems; j. 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 k. We believe the request is fraudulent. l. We take no responsibility for any mistakes in application either on the advice of our staff or your sole decision; and m. 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 Services, and you have breached your agreement with clause 21.2 of these Terms in any way whatsoever at any time after indicating your agreement to these Terms. 21.2.2 Process of claiming refund In order to claim a refund, you undertake to clearly request a refund (and provide reasons for the request) via email to us within 72 hours from the date that the Service 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 is subject to clause 21.2.1 of this Agreement. 21.3 Suspension & cancellation You expressly and irrevocably agree that we reserve the right to suspend/cancel any/all Service 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. • We deem your use of our services may jeopardize the operation of the 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 21.2. 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. • Any amounts paid by you in advance are forfeited upon the termination of your account. We reserve the right to suspend or terminate your access to Fax To Email, or take any further measures deemed necessary, at our sole discretion, at any time and without prior warning, as a means to ensure the integrity of the Service, us and the terms of this Agreement. Such suspension or termination or discretionary decision is done so without any liability to you given the following circumstances, including but not limited to; • If you breach these Terms; • You or any person using your account, whether with consent or not, misuses the Service; • Incorrect information given by you to us; • There are reasonable grounds for us to suspect any of the above. 21.4 30 Day Free Trial In addition to acceptance of these terms is acceptance that the Services provided are compatible with your operating systems and needs. We offer a 30 day risk free trial during which you may assess the Service's appropriateness and compatibility with your operating systems or specific needs. We will provide you with the service upon your request, but should you fail to take a 30 day risk free trial, you irrevocably indicate to us that the Services are fully compatible with your operating systems and needs. You shall be taken to have understood and accepted all these terms and conditions relating to 30 day risk free trial. In particular, you have 30 days from the date of supply of the service in which to utilise and assess the service, and you will not be obliged to make any payments to us nor will you be obliged to enter into any further agreements with us during this period. If you choose to utilise this 30 day trial period, you understand the risks associated with the service provided and you accept the program's appropriateness and compatibility with your operating systems. During this 30 day trial period, you must comply with the terms and conditions specified under the clause relating to "Acceptable use & general conduct" (clause 2). If you choose to continue to use the product after the conclusion of the service within the 30 day trial period is over, then you agree to all the terms and conditions and you are taken to have entered into this binding agreement. . You may also choose to enter into the binding agreement for a fee before the 30 day trial period has ended, on the condition that you forfeit the benefit of any remaining free trial days. If you are not satisfied with the appropriateness of the service within the 30 day period, then it is your responsibility to terminate the Service prior to the conclusion of the 30 day period. Such termination would be at no extra cost and you will no longer be bound by any agreements made with us relating to the Service which was the subject of the trial period. You must communicate by email or by telephone, before close of business, your desire to end the use of the service with us by the 30th day of the trial period or, if the 30th day falls on a weekend or public holiday, the next day of business. You understand that it is your responsibility to ensure that this communication is received by us within the time period specified. Failure to do so may result in an assumption that you agree to continue with the use of the service and usual fees and charges may begin to apply. Once the 30 day trial period has concluded, should you make a request for refund and notwithstanding the stated basis for your request, we believe it is based on incompatibility with your operating systems, incompatibility with your specific needs, or that you no longer want to use the Service, your request for refund will be denied. Design Services Terms 15 Web Design & Logo Design Agreement This entire clause 15 relates to the Web Design and/or Logo Design product. 15.1 Representations by us 15.1.1 Application of these Terms in respect of representations You acknowledge and irrevocably agree that 1. 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, particularly clause 15.0; 2. You can only expect Services in accordance with the terms of this Agreement, and 3. In the event of any inconsistency between the representation(s) on other pages of the Site, and this Agreement, especially clause 15.0, 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. 15.1.2 Services Logo & Web Design services are provided as an economy/premium service. We may provide such services directly or via a third party. Third party services may be subject to specific agreements as supplied by them. By applying or using any service offered by us you must agree to this agreement and any agreement of our third party suppliers. The Logo & Web Design Services are an online offering where individuals or entities that have signed up as clients can post specific assignments and project descriptions, including illustrative samples or other media as part of their campaign brief. Each package has an allocated number of concepts and revision rounds. Further revisions or concepts will only be available by upgrading to the higher package or purchasing relevant upgrade products. Subject to the service terms and respective agreements, policies and procedures, we shall use commercially reasonable efforts to attempt to provide services Monday to Friday, 9AM to 5PM with the exception of public holidays (all states, provinces and territories). You acknowledge that from time to time service may be inaccessible or inoperable for any reason. You agree to hold us free of any liability or indemnification that may come as a result of any inaccessibility or inoperability. 15.1.3 Creative Brief and Responses You are solely responsible for preparing and posting detailed descriptions of each of your Creative Briefs to the Web Site, including providing samples illustrating your Creative Brief and any relevant deadlines. We are under no obligation to review a Creative or Revision Brief for any purpose, including accuracy, completeness of information, quality or clarity. We may decide, at our sole discretion, to deny a Creative or Revision Brief. When you are provided with a Revision, you are responsible for reviewing the Revision. If you fail to promptly advise that the Revision is not reasonably responsive to the Creative Brief, you will be deemed to have accepted the Revision. If you notify us that you think a Revision is not reasonably responsive to the related Creative Brief, you shall then submit to us a Revision Brief containing information regarding amendments or modification to be made to the initial Response. 15.1.4 Revisions The purpose of the revision process is to create responses that move your project forward in the specific direction you have determined. You may request significant changes in the first and second cycles, and the Responses generated might be quite different in nature from the original composition you selected. Further revisions (subject to the purchased plan) shall be modifications to the current composition only. 15.1.5 Maintenance We will provide monthly or annual maintenance in accordance with the service package purchased, ordered or maintained. If allocated maintenance time is not utilised during the respective maintenance schedule, they will not be carried over to the next schedule. Should the required maintenance exceed the allocation you may purchase additional time allocation in 30 minute blocks. Unused additional time allocation is not carried over and no refund will be issued for any allocation not used. We require creative material be of sufficient quality and correct format, we reserve the right to deduct allocated time if we are forced to request re-submition. We will endeavour to advise if required maintenance appears to not be possible within allocated time but reserve the right to advise at any time that the time allocation is insufficient. Un-finished maintenance will not be published or distributed until further allocation has been purchased. 15.1.6 Content Web Design content is to be 100% supplied and installed by you. We will not, under any circumstances install or maintain content on the website and are only responsible for providing to you the design and instructions for installing/maintaining content. It is your responsibility to ensure that the content installed and held in your website is your own and does not belong to a third party, obtained without authorisation, in breach of trademark or copyright. You agree to hold us from any damages resulting from infringing content. We reserve the right to suspend or terminate any account we believe to be in breach of our Acceptable Use Policy. 15.1.7 Technical Information Colours: The default colour model for our logos is the CMYK format unless you specify that you require PMS (Pantone) prior to the start of the project. Any format change after the start of the project will have an additional charge. Logo Design File Format: The source file will be in Adobe Illustrator (.ai) format. The fonts will be converted into outlines. Other formats sent will be JPEG, TIFF, EPS, GIF and PDF. Additional formats can be required upon request. Web Design File Format: The source files will be held on our Hosting Services in a format which is in line with recent design and format technologies. 15.1.8 Rights to Use Upon submission of a creative or response briefs or any other information or media provided by you in connection with your use of the Service, we and our agents shall have all rights and licenses necessary to use such client Information for the purpose of obtaining responses and for archival purposes. Upon your submission of client information to the service, you grant us and our related agents a royalty-free, perpetual, irrevocable, sublicense able, exclusive, worldwide right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display (in whole or in part), and/or incorporate in other works, in any form, media, or technology now known or later developed, such Client Information, for the full term of any intellectual property rights that may exist in such Client Information to the extent necessary to provide you with the service and responses. Logo Design: Subject to your compliance with these terms, you shall own the final the revision composition provided to you by us. You shall not, however, own any materials, media or other content generated during any revision cycles leading up to the final revision as set by your purchased plan. We expressly reserves all right, title and interest in and to the same. You acknowledge and hereby grant to us a royalty-free, irrevocable exclusive worldwide right to use Creative and revision briefs, individual responses provided to you, and final revision for internal and archival purposes, and in order to display and promote our services. We retain the rights to all artwork concepts and other content not selected by you. You acknowledge that your ownership rights under these terms are limited to the final revision, and that no trademarks or service marks in or to any final revision are being conveyed under these terms. You hereby acknowledge that we shall have no obligation or duty to perform trademark, service mark or copyright searches or inquiries, or the like, in order to validate the propriety or legality of the Final Product. Accordingly, you are encouraged to perform your own independent searches with regard to the final Revision. Furthermore, you acknowledge that we shall have no responsibility or obligation of any kind to assist you in seeking state or federal intellectual property protection (i.e., without limitation, trademark or copyright registration) for the final revision, nor shall we be responsible for otherwise assisting you in any way in your attempt to perfect your rights in or to the final revision. Web Design: Ongoing service is solely dependent of your active subscription to the Web Design service. Failure to maintain your active subscription will result in suspension or termination of the services included with your normal subscription. You acknowledge that this may result in your web site being displayed to the public. Cancellation of the service will result is suspension or termination of the included services. Cancellation mid-term of applied service period will not entitle you to any refund. You acknowledge that all material developed by us or our third party partners belongs to and is copyright to us in accordance with copyright law. Payment of ordered services is allocated to the setup and maintenance of the services rendered in relation to the ordered service package only. You agree to prevent any unauthorized copying of any material relating to the services or resulting product. We do not grant any express or implied right to you. We reserve the right to utilise materials created through your services for any purpose, including utilising materials to promote our services via any medium. 15.1.9 Third party We may provide Services directly or via a third party. Third party services may be subject to specific agreements as supplied by them. By applying or using any service offered by us you must agree to this agreement and any agreement of our third party suppliers. 15.1.10 Loss of service This is not an archival service. You are solely responsible for maintaining independent back-up copies. We expressly disclaim any liability or responsibility for any loss, damage or destruction of designs, distribution lists, or any other content. 15.2 Refunds 15.2.1 Agreement You expressly and irrevocably agree that: a. It is your responsibility to ensure that Services are utilized to their full potential; b. It is your responsibility to ensure the appropriateness and compatibility of Services that you are purchasing; c. You have ensured that Services that you are purchasing are appropriate and compatible to your needs prior to making the purchase; d. We are not obliged to provide refunds for any Service, but we may offer refund only if a cancellation request is filed within 72 hours of the purchase application being made; e. We may choose, on your request to downgrade an account however no refund will be applied if outside the 72 hour cooling off period; f. Refunds granted 30 days after application will incur a minimum surcharge; g. 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; h. Direct Deposit overpayments will either be returned via full account credit or transaction reversal minus surcharge; i. Your request for refund will be denied where: ii. Service on the claim 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); iii. We believe you have breached your agreement with clause 15.2.1(a), (b) and (c) in any way; iv. 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 v. We believe the request is fraudulent. i. We take no responsibility for any mistakes in application either on the advice of our staff or your sole decision; and j. 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 Services, and you have breached your agreement with clause 15.2 of these Terms in any way whatsoever at any time after indicating your agreement to these Terms. 15.2.2 Process of claiming refund In order to claim a refund, you undertake to clearly request a refund (and provide reasons for the request) via email to us within 72 hours from the date that the Service 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 is subject to clause 15.2.1 of this Agreement. 15.3 Suspension & cancellation You expressly and irrevocably agree that we reserve the right to suspend/cancel any/all Service 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. • We deem your use of our services may jeopardize the operation of the 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 15.2. 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. Complaints Handling Policy • If you would like to make a complaint to Yabsdomains.com, please email at complaints@yabsdomains.com. • We strive to uphold the greatest levels of service and communication in the industry, so should the unlikely event occur that you need to lodge a complaint against YabsDomains.com, our service, any of our staff, or our general industry conduct, please make use of the above address. • Once a complaint email is lodged, we will ensure that you're responded to within 7 days. • For .au further complaints and policies please also see the auDA website.

Our other group website are:

  • www.yabsbusiness.com.au
  • www.sydneyfreeclassifieds.com
  • www.yabsfashions.com.au
  • www.yabsbusinessindia.com
  • www.yabsrealestate.com.au
  • www.yabspropertyindia.com
Contact Now