Terms and Conditions
Swish Connect agrees to provide, and the Client agrees to receive, access to the Web Hosting Services according to the following Terms and Conditions:
1.0 Definitions
"Swish Connect" is Swish Connect Pty Ltd, ACN 111 578 806, and all subsidiaries bearing the Swish Connect name. These terms incorporates its officers.
"Account" means an account provided to use a service supplied by Swish Connect.
"Network" means hardware and/or software used to provide a service.
"Internet" means the network of networks to which an account provides access.
"You" or "the Customer" or “the Client” means that legal entity that is entering and bound by this contract with Swish Connect. "You" and "the customer" and “the client” may be used interchangeably.
"Service", "Supply", "Product", "Goods" means the services or products for which Swish Connect is contracted to provide and are used interchangeably.
"Content", "Material", "Information" means any information which could be transmitted or received and incorporates static or active software programs or the results of programs and other online events or the results of online events any of which may be public or private or any combination thereof. These words are used interchangeably.
"Publish", "Post", "Propagate" means to transmit or store or upload or download or receive content and are used interchangeably.
1Mb (one megabyte) is equal to 1,000,000 bytes for billing purposes.
Plurals include singulars and vice versa. Masculine includes feminine and vice versa.
2.0. General
2.1 The Client is the person or entity who is applying to receive, or who is receiving, Web Hosting Services from Swish Connect.
2.2 The Web Hosting Service is provided on an "AS IS, AS AVAILABLE" basis. Swish Connect gives no warranty, express or implied, for the Web Hosting Services provided. This 'no warranty' clause expressly includes any reimbursement for losses of income due to disruption of services by Swish Connect or its providers beyond the fees paid by the client to Swish Connect for services.
2.3 Client will use the Web Hosting Services in a manner consistent with any and all applicable laws of the State of Victoria and the Australian Federal Government.
2.4 Use of any information obtained by way of Swish Connect is at the Client's own risk, and Swish Connect holds no liability for such use.
2.5 Swish Connect is not responsible for any damages arising from the Client's use of Swish Connect or by the Client's inability to use the Web Hosting services for any reason.
2.6 While Swish Connect shall make every reasonable effort to protect data stored on Client's Server(s), Swish Connect is not responsible for Client's data, files, or directories residing on Swish Connect equipment. The client is solely responsible for maintaining data, file, and directory structure backups.
2.7 The customer is required to provide Swish Connect with correct and up to date contact details for billing and technical notification purposes. Swish Connect takes no responsibility for disruption to services due to inability to contact the customer.
3.0 Payment
3.1 Payment can be by cheque, money order, direct deposit or credit card and in accordance with the payment terms indicated on the Swish Connect invoice, which will be forwarded to the client by electronic mail.
3.2 Monthly accounts can only be paid by credit card. Quarterly and yearly accounts can be paid by Cheque, Money Order, Credit Card or Direct Deposit.
3.3 For clients that have paid by cheque or money order:
3.3.1 Client will receive an invoice by electronic mail no less than two (2) weeks prior to the due date of the invoice.
3.3.2 Where an invoice becomes more than 7 days overdue, the client's service may be automatically deactivated pending payment. A re-activation fee may be applied to the client's account in addition to any outstanding amounts. Reactivation of service will only occur where the full amount, including reactivation fee(s), is paid.
3.4 Swish Connect reserves the right, in its sole discretion, to deactivate the client's account(s) upon an indication of credit problems including, but not limited to, delinquent payments.
3.5 For clients that have chosen to pay by credit card:
3.5.1 Client paying monthly by credit card will not receive an invoice unless specifically requested.
3.5.2 Payment will automatically be deducted from the client's nominated credit card account on, or within 7 days of, client's account due date on an annual, quarterly or monthly basis as nominated by the client. If an alternate payment method is required, it is the client's responsibility to contact Swish Connect and provide notification to this effect.
3.5.3 Where an invoice becomes more than 7 days overdue, the client's service may be automatically deactivated pending payment. A re-activation fee may be applied to the client's account in addition to any outstanding amounts. Reactivation of service will only occur where the full amount, including reactivation fee(s), is paid.
3.5.4 Accounts that are thirty (30) days past due and unpaid balances are subject to collection. In the event of collection, you agree to be liable for costs of collection including legal fees, court costs, and collection agency fees.
3.6 Where a client signs up for a new web hosting account and fails to select a Payment Period, the default Payment Period shall be Yearly and the client will be charged accordingly. The client shall not be able to claim a refund for any moneys charged for failing to select a Payment Period.
3.7 Swish Connect charges a $25.00 fee for returned cheques as well as chargebacks. All monetary transactions are in AUD dollars. For international customers, if you are sending a cheque/money order the amount must be drawn in Australian dollars. All T/T payments must include a $25 processing fee with each payment.
3.8 Where clients are approaching their Monthly Bandwidth limits they have the following options:
- Upgrade to higher plan
- Suspend the account for the rest of the month (with no over usages fees)
- Pay over usage fees of $6.60 per GB (rounded up to the nearest GB)
3.8.1 If the client does not inform Swish Connect as to a selection then Swish Connect assumes the client wishes to pay over usage fees payable on the 1st day of the next month.
4.0 Termination
4.1 The client may cancel the Services provided by Swish Connect upon the condition that requests for cancellation are made in writing and sent to Swish Connect via postal mail to PO Box 330, Fawkner, Victoria, 3060 or, via email to our Billing Department. Cancellation of any services will not take effect until such notice is received. A refund is only available if Swish Connect receives the cancellation request within 30 days of purchase date for the services you are wishing to cancel, in accordance with our 45 Day Money Back Guarantee.
4.2 Within 10 business days of receipt of a cancellation request, the service will be deactivated. The service (including any files, hosting space, databases or other related items) will be deleted from Swish Connect servers on the day the account/service is deactivated. It is the clients responsibility to ensure that all required data is backed up by the client prior to deletion.
4.3 Swish Connect reserves the right to suspend any services provided without notice for any unpaid or partially paid balances. The Client is responsible for any legal fees incurred during the collection of any unpaid amounts.
5.0 Trademarks and Copyrights
5.1 The client warrants that it has the right to use the applicable trademarks of Client, and grants to Swish Connect the rights to use such trademarks, if any, in connection with Swish Connect's promotion of, referencing of, cataloging of, or indexing of it's clients.
5.2 The client hereby agrees that any material submitted for publication on Swish Connect's websites through services received by the Client will not violate or infringe any copyright, trademark, patent, statutory, common law or proprietary rights of others, or contain anything libelous or harmful.
6.0 Linked Web Sites
6.1 This website may contain links to other websites. Those links are provided for convenience only and may not remain current or be maintained.
6.2 Links to those websites should not be construed as any endorsement, approval, recommendation or preference by us of the owners or operators of those websites, or for any information, products or services referred to on those other websites.
7.0 Domain Names
7.1 Swish Connect provides no warranty or guarantee that the domain name applied for will be available for registration by you, the client.
7.2 Registration and ongoing use of a domain name are bound by the relevant naming authority's policies and procedures.
7.3 You, the client, agree to irrevocably waive any claims against Swish Connect that may arise resulting from the decision of a naming authority to refuse to register a domain name.
7.4 In the circumstances that Swish Connect did not register your domain name, you accept that it is your responsibility to ensure that your Domain Name Licence is renewed, furthermore, Swish Connect will accept no responsibility or liability for the renewal of your domain name under these circumstances.
7.5 Payment for registration or renewal of a domain name must be made prior to any action being taken by Swish Connect to submit the registration or renewal application to the appropriate registrar.
7.6 Should Swish Connect undertake the renewal of a domain name on your behalf where the original registrar for the domain is different to Swish Connect registrar of choice, the successful renewal of the domain by Swish Connect will be dependant on your agreement to transfer the domain to our registrar of choice.
7.7 Domain registration applications will only be processed upon payment for this service and Swish Connect accepts no responsibility for delays in domain registration where the delay results from a third party.
7.8 Domain renewal requests will only be processed upon payment for this service and Swish Connect accepts no responsibility for delays in domain renewal where the delay results from a third party.
7.9 Domain registration applications and renewal requests will be processed within 1-2 business days of receipt of payment and other required information from you, the client.
7.10 Once registered or renewed, domain names cannot be cancelled and no refunds are possible.
7.11 Requests to transfer ownership of a domain name to a different entity will be accepted by Swish Connect however, Swish Connect is bound by the relevant policies of the appropriate naming authority. Fees apply.
7.12 Official Policy Documentation for the ".au" domain name space can be found at www.auda.org.au.
8.0 Hardware, Equipment, and Software
8.1 The client is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access the Web Hosting Services. Swish Connect makes no representations, warranties, or assurances that the client's equipment will be compatible with Swish Connect's services.
9.0 Illegal Usage
9.1 Swish Connect's servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data or material in violation of any applicable law or regulation is prohibited. This includes, but is not limited to: copyrighted material, trademark, intellectual property, and any material that is obscene, defamatory or constitutes an illegal threat. Examples of non-acceptable content or links: Pirated software, Hacker programs or archives, Warez sites and IRC bots. The subscriber to Swish Connect agrees to indemnify and hold harmless Swish Connect from any claims resulting from the use of the service that damages the subscriber or any other party.
9.2 Violations of system or network security are prohibited, and may result in criminal and civil liability. Examples include, but are not limited to the following: Unauthorised access, use, probe, or scan of a systems security or authentication measures, data or traffic. Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks. Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
9.3 Swish Connect will be the sole arbiter as to what constitutes a violation of this provision.
10.0 Content
10.1 Swish Connect does not allow adult oriented sites including pornography, sex-related merchandising, hate sites or sites promoting or selling alcohol or illicit drugs. This includes sites that may infer sexual content, or links to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet. Links to such materials are also prohibited.
11.0 Spam
11.1 Sending unsolicited email (spam), cross-posting messages to a large number of UseNet groups, posting obscene or threatening messages while using or referring to a Swish Connect email address or web site URL is prohibited. The use of Swish Connect's servers as a mail drop for responses to activities described above is also prohibited.
11.2 We react quickly and seriously to violations, and we reserve the right to terminate the services, without prior notice, of any customer disregarding this policy. Accounts cancelled due to spam will be billed a "clean up" fee of $500.
11.3 If you have any complaints or comments regarding Spam on our network, please direct them to our staff by emailing our Support Department.
12.0 Resellers
12.1 A reseller warrants not to resell a service in such a way that the use of the service breaches these terms and conditions.
12.2 Your customers must agree to, accept and abide by the same terms and conditions as you do, or we have the right to cancel any of your reseller accounts.
12.3 Details of the Resellers Policy can be found on our website.
13.0 Satisfaction Guarantee
13.1 We offer a 30 day money back guarantee. If you are not 100% satisfied within the first 30 days of hosting with us, a request for termination of services must be received in writing or via email as outlined in Section 4.0, Termination. This offer applies to monthly web hosting fees only. Setup fees, domain name fees, security certificate fees and other additional items are non-refundable. Hosting accounts cancelled after this period will not be refunded.
14.0 Modification
14.1 Swish Connect reserves the right to modify these Terms and Conditions in any way and as required. Notice of such changes will be delivered to users via postings on Swish Connect's websites. Continued usage of Swish Connect's Services indicates the client's acceptance of the Terms and Conditions in their amended form.
15.0 Privacy Policy
15.1 Agreement with, and acceptance of, Swish Connect's privacy policy is implied by your acceptance of these Terms & Conditions. Details of the Privacy Policy can be found here.
16.0 Agreement
16.1 The client agrees that the abovementioned terms and conditions constitute the full and complete understanding between Swish Connect and the client of the obligations and responsibilities of both parties to the other.
17.0 Inclusions
17.1 These Terms and Conditions include the policies shown below. By agreeing to these Terms and Conditions, the client also expressly agrees to these policies in full.
17.2 Acceptable Usage Policy
17.3 Billing Policy
17.4 Privacy Policy
17.5 45 Day Money Back Guarantee
END TERMS AND CONDITIONS
