iVersion Hosting Terms of Service
Published on 18 June, 2021
Thanks for visiting our iVersion Hosting Terms of Service (Agreement), we are Austech Software Pty Ltd ACN 622 282 517 of Level 26, 44 Market Street, Sydney NSW 2000 (iVersion, we, our, us and other similar terms). We are committed to providing quality services and this Agreement outlines the terms and conditions related to the services we provide to you.
By subscribing to a Hosting Plan or purchasing Additional Services from us, you agree to the terms of this Agreement, and the other policies set out on our Website which relate to the Services you obtain, including but not limited to, where applicable, the ICANN and .auDA domain name policies or Amazon Web Services and Microsoft Office365 terms.
If you are agreeing to these terms on behalf of an organisation, you represent and warrant you have the power and authority to enter into and bind such organisation.
Throughout the Agreement we use some capitalised words and phrases, like the word Agreement. These capitalised words and phrases are defined in clause 17. They aid to clarify the terms and conditions. Please feel free to email us at [email protected], or raise a support ticket via www.iversion.com.au, if you have any questions.
Term of this Agreement
This Agreement will commence when you create an account for a Hosting Plan and will continue for the Subscription Period. On expiry of each Subscription Period, this Agreement will automatically renew for a period equal to the Subscription Period until the date of termination in accordance with clause 14.
We will use reasonable endeavours to supply the Services pursuant to the terms of this Agreement until termination in accordance with clause 14.
You acknowledge and agree we may use third party suppliers or sub-contractors to provide any part of the Services to you. We may change these suppliers at any time in our sole and absolute discretion. Should a change in provider occur, you acknowledge and agree we are fully authorised to move, alter or delete your data as reasonably necessary to give effect to the transfer of the Services from one supplier to the other.
We provide support in respect of our Services via the Control Panel or [email protected]. We do not provide support services in respect of diagnosing or fixing issues that relate to the coding of any website or software hosted with us nor do we provide support services directly to your customers.
Updates and amendments are required to maintain and secure our environments. You acknowledge and agree that software and hardware updates may be implemented by us, and our suppliers, from time to time by us, or our suppliers, in our and our suppliers’ sole discretion. You are solely responsible for implementing patches and updates to software you operate on any environments you procure from us to ensure your software remains compatible with the Services we supply to you. We are not liable to refund any Fees to you if you fail to comply with your obligations set out in this clause.
You acknowledge and agree in order to use the Services and sign up to a Hosting Plan, you are required to provide us with personal information and create an account with us (Account). You warrant all information supplied on registration of your Account is true and accurate and will be kept up to date at all times.
You consent to our use of your login details in provisioning the Services, including in respect of any migration or transition of your account, content or data (to or from any providers we use) as reasonably necessary for the continued provision of the Services.
Authorised Additional Contact
You may grant an Authorised Additional Contact access to all or part of your Account. You are solely responsible for creating additional User accounts and all activities undertaken by them. You are also responsible for granting and revoking access to Users, their level of access and for ensuring each User is the sole person accessing the Services via that authority. You agree to use your reasonable endeavours to procure that each of your Users will keep all Account details strictly confidential.
You acknowledge and agree to use reasonable endeavours to keep all Account details strictly confidential including those credentials used to access the Services. You are responsible for all Account activities which occur via your Account, whether those activities are authorised or not, unless they arise from a technical issue within our systems.
We are not liable for any loss you incur due to any unauthorised use of your Account and you must notify us immediately of any breach of security or unauthorised use.
You must provide us with such co-operation and support as we may reasonably request to perform the Services, including by assisting with our investigations into any alleged breaches of this Agreement and providing accurate prompt responses to our requests for any information or documentation.
You must conduct such tests and computer virus scanning as may be necessary to ensure that any data uploaded or downloaded by you or your Users does not contain any computer virus and will not in any way, corrupt the data or systems of any person (including, without limitation, us or our suppliers).
Unless included in your Hosting Plan, and only then to the extent specified, you are solely responsible for maintaining backup copies of your systems, data, content and information and the security, maintenance, backups and any other administrative operations you deem necessary to undertake. Unless expressed otherwise in a Hosting Plan, we have no liability to you or any other person for loss, damage or destruction of any of your systems, website or content.
Where you operate unmanaged servers via our Service you are solely responsible for the security, maintenance, backups and any other administrative operations you deem necessary to undertake. Notwithstanding that you operate and are responsible for server maintenance, the obligations imposed on you by this Agreement including your compliance with the Prohibited Conduct and Prohibited Content provisions still apply.
All Hosting Plans are subject to general resource and usage monitoring. Any action or process that unreasonably consumes resources degrading a shared environment for other users is subject to review.
All Hosting Plans have allocated bandwidth (unless marked unmetered), storage, technology resources and other facilities which vary depending on the Hosting Plan you have selected. If you exceed your Hosting Plan limit, your account will be suspended. Our system notifies users when they reach an 85% resource limit, however, it is your sole responsibility to monitor your resources usage in order to avoid suspension. You may upgrade your Hosting Plan for additional resources.
We prohibit the use of our Services for illegal activities and you agree we may disclose any and all of your information, including assigned IP numbers, account history, account use, etc. to any law enforcement or government agency who makes a written request without further consent or notification to you. We reserve the right to immediately terminate the Service provided to you if you are found to be hosting content or performing activities of an illegal nature, not in compliance with our Acceptable Use Policy or if you:
- use 50% or more of the allocated Central Processing Unit resources for more than 60 seconds on any Shared or Reseller Environment;
- run an account on any Shared or Reseller Environment as a file store for content not related to the operation and delivery of your web applications or content that may breach the Acceptable Use Policy;
- attempt to gain unauthorised access to or impair any aspect of our Service;
- run any type of indexing software on any Shared or Reseller Environment;
- run standalone, automated server-side processes including, but not limited to any daemon or crypto mining application on any Shared or Reseller Environment;
- use Internet Relay Chat (IRC) or IRC bots via the Services we provide on any Shared or Reseller Environment;
- engage in peer to peer file sharing or run bit torrent applications on any Shared or Reseller Environment;
- run cron tasks on a Shared or Reseller Environment with intervals of less than 5 minutes;
- execute scripts or database queries which exceed 180 seconds to complete on any Shared or Reseller Environment;
- use the Service for online storage, data backups or archives, other than as anticipated by a Hosting Plan or Additional Service;
- store multiple backups of a hosting service on any Shared or Reseller Environment;
- execute any program which results in the rapid creation of large volumes of files on any Shared or Reseller Environment;
- make available or otherwise operate Tor services on any Shared or Reseller Environment
- operate any form of mass email service, without our written consent;
- breach any provision of the Spam Act 2003 (Cth), the Privacy Act 1988 (Cth) or similar laws in other jurisdictions;
- provide false or misleading information;
- knowingly transmit any viruses or other disabling features to or via the Service;
- intentionally disable or circumvent any protection or disabling mechanism related to the Service;
- use the Service in any way which could be reasonably expected to interfere with or damage our systems or another User’s use of the Services;
- host Prohibited Content; or
- attempt any of the above acts or facilitate or assist another person to do any of the above acts.
In respect of any content, you warrant you will not submit, host or store on the Services, anything:
- which contravenes our Acceptable Use Policy;
- which is false, misleading or otherwise deceptive in any way;
- which promotes unlicensed or illegal financial products;
- which is improper, harmful, threatening, defamatory, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, hateful, or otherwise objectionable;
- used for or in connection with cybercrimes;
- which includes nudity, sex, pornography or adult-oriented content;
- containing any computer virus or malicious code;
- which infringes any third party Intellectual Property rights;
- that is likely to offend, insult or humiliate based on race, religion, ethnicity, gender, age or sexual orientation;
- in breach of any law in Australia or the jurisdiction in which you operate; or
- any other content deemed inappropriate in our sole discretion.
We reserve the right to take down and destroy any content which you submit without notice. It is entirely your responsibility to keep copies of any content uploaded to our systems and you must not rely on us storing copies for you.
Queries or complaints regarding Prohibited Content and Prohibited Conduct should be directed to [email protected].
Third party software
We may provide access to additional third party software and/or services (Third Party Products) through reseller or other commercial agreements which we have established with certain vendors (Third Party Vendors). Such Third Party Products are subject to terms and conditions published by the relevant Third Party Vendor. You acknowledge and agree that we do not provide support services nor warranties for Third Party Products and that use of Third Party Products is at your sole risk and discretion. You agree to observe the terms and conditions set by any Third Party Vendor for use of their Third Party Product.
Where your Additional Service includes the registration of a domain, you acknowledge and agree that when you place an order for a domain registration, we act solely as an agent on your behalf to register that domain and do not provide a guarantee that the domain registration will be accepted or successful. You must satisfy yourself of your eligibility to register a domain before requesting us to register the domain.
Should a domain registration order be accepted, we will provide confirmation to you once registered with a domain registry.
It is your sole responsibility to renew any domain prior to its expiration date to ensure it remains active.
Fees and payment
We will invoice you for any Additional Fees associated with an Additional Service you select. The Additional Fees will be automatically deducted from your account via the payment method you selected when you created the Account once you place an order for an Additional Service.
You are liable for payment of the Fees set out on the Hosting Plan or any Additional Services selected by you. Unless expressed otherwise, all Fees are quoted in Australian Dollars and are exclusive of GST, withholding taxes, duties and charges, imposed or levied, in Australia or overseas.
You are responsible for paying all government charges or duties of any kind incurred as a result of this Agreement. Such charges include without limitation all stamp duties, goods and services taxes, value added taxes, export duties, withholding tax, financial institution duties, and any other charges or duties of a like kind.
If any Fees remain unpaid more than 7 days past their due date, we may, without limiting our other rights and remedies, suspend your Service until such amounts are paid in full (including any interest which we charge on overdue amounts, calculated at the daily rate of 12% per annum).
Invoicing and payment of Hosting Fees
We will provide you with a tax invoice for the Hosting Fees on or before the start of every Subscription Period. The Hosting Fees will be automatically deducted from your account at the beginning of each Subscription Period via the payment method you selected when you created the Account. Where no means for automatic deduction of the Hosting Fees are provided, you must pay the invoice within 14 days of the date of the invoice.
We may amend the Hosting Fees for our Services by giving you at least 14 days’ notice prior to the end of the then current Subscription Period. If you do not accept the Hosting Fee variation, you must terminate this Agreement in accordance with clause 14. The new Hosting Fees will come in effect from the end of the current Subscription Period.
Where renewal options are selected on Additional Services, we may automatically deduct payment from your account upon renewal. Where no means for automatic deduction of the Additional Services are provided, you must pay the invoice within 14 days of the date of the invoice.
Subject to the Non-excludable Conditions and any guarantees provided in this Agreement, all payments made to us for the Services are non-refundable.
We provide a 30 calendar day satisfaction guarantee on Hosting Plans. We will provide a complete refund on Hosting Fees if you request a refund within that 30-calendar day period.
Malware protection guarantee
Where a Hosting Plan expresses it includes a malware protection guarantee, we will, if your environment becomes inadvertently infected by Malware (a Malware Event):
- remove the malware; or
- if we are unable to remove the malware, then we will refund an amount equal to the Hosting Fee for the Subscription Period in which that Malware Event arose.
The malware guarantee is not available if the Malware Event arises if:
- the malware is uploaded onto our Service via your or one of your User’s Account;
- you have failed to patch or maintain software operating on your Account;
- you have not appropriately secured your own environment; or
- the infection arises from a direct hacking event.
Account suspension and takedown
We reserve the right to suspend your use of the Service at any time if you consume excessive resources, you are in breach of the Acceptable Use Policy, your Account remains inactive for a period greater than 12 months, you engage in Prohibited Conduct or you submit, host or store Prohibited Content.
If any Fees remain unpaid more than 7 days past their due date, we may, without limiting our other rights and remedies, suspend your access to the Services until such amounts are paid in full.
In addition to any other rights under this Agreement, you agree we may, without notice to you, suspend your account and remove, amend or alter your data, if we are made aware of:
- any court order, judgment, determination or other finding of a court or other competent body, that the data is illegal, defamatory, offensive or in breach of a third party’s rights;
- if directed to do so by the Australian Communications and Media Authority, or other authority, under a “take down notice”; or
- an outside party or outside device disrupting or attempting to disrupt the Services associated with your account.
Suspending your access will not constitute a breach of this Agreement by us, nor will it alter your obligation to pay the Fees.
We warrant that for the Subscription Period our Service will perform substantially in compliance with any documentation provided by us, including the material and description of the Service contained on our Website.
While we aim to provide the best possible user experience, subject to the Non-excludable Conditions, we make no warranties or guarantees:
- the Services are fault free;
- regarding our Service’s fitness for any particular purpose which we have not expressed; or
- regarding your access to, or the results of your access to, the Services.
Privacy and confidentiality
We may disclose information, including, but not limited to, your personal information, a transmission made using our network, or a website, in order to comply with a court order, subpoena, summons, discovery order, warrant, statute, regulation, governmental request to protect our legal rights, prevent harm to persons or where such disclosure is necessary for the proper operation of our Services (Permitted Disclosures).
You acknowledge and agree, we have no obligation to inform you if Permitted Disclosures are made.
We warrant we own or have a licence to use the Intellectual Property in the Services we provide.
You are solely responsible for obtaining any and all necessary Intellectual Property rights, clearances, consents and authorisations (Authorities), including but not limited to, Authorities to use any materials you provide to us and any content that you upload to a hosted environment. You warrant you will obtain all necessary Authorities before you use any third party Intellectual Property in connection with the Services.
You grant to us (and our suppliers) a licence to host and cache the entirety of your website and software, including data and content supplied by you and/or third parties. You warrant that you hold any agreements or consents required of any third party in connection with the grant of this licence.
Unless otherwise expressed we (or our suppliers) maintain and control ownership of all IP addresses that may be assigned to you and may change or remove any and all such IP addresses.
Nothing in this Agreement transfers to you any rights to the hardware, software or other infrastructure and facilities used by us or our suppliers to deliver the Services. All Intellectual Property in any materials provided by us in connection with the Services other than your pre-existing Intellectual Property, remains ours. We grant you a non-exclusive licence to use those materials for the purpose of using our Services.
Limitation of Liability
We expressly exclude all conditions, warranties and other terms which might otherwise be implied by any law, regulation, statute, common law or law of equity except any Non-excludable Condition.
Subject to the Non-excludable Conditions, we exclude all other liability for any costs, including consequential losses, suffered or incurred directly or indirectly by you in connection with this Agreement, including:
- the Services being inaccessible for any reason;
- for any delay or failure to perform our obligations under this Agreement if such delay or failure is due to termination of access to the Service by the supplier of the Service or as a result of a change to the conditions of supply by that supplier;
- incorrect or corrupt data, lost data, or any inputs or outputs associated with the Services;
- computer virus, trojan and other malware in connection with the Services;
- security vulnerabilities in the Services or any breach of security that results in unauthorised access to, or corruption of data;
- negligence arising from our activities or that of our suppliers;
- any unauthorised activity in relation to your Account or the Services;
- the occurrence of an Event of Force Majeure;
- your breach of this Agreement; or
- any act or omission by you, your personnel, your associates or any related body corporate of yours.
To the fullest extent possible under the law, we limit our liability for any breach to:
- in the case of goods: the re-supply of the goods or payment of the cost of the re-supply of the goods; or the replacement or repair of the goods or payment of the cost of replacement or repair of the goods; and
- in the case of services: the resupply of the services; or the payment of the cost of having the services resupplied.
You indemnify us against all costs suffered or incurred by us, however caused, arising wholly or partially, directly or indirectly, in connection with:
- your breach of any term of this Agreement;
- a dispute between you and a customer, business associate or a user of your website arising from your use of the Services;
- your infringement of any third-party Intellectual Property rights associated with this Agreement; and
- your breach of any laws, including the Spam Act 2003 (Cth), the Privacy Act 1988 (Cth) and similar laws in other jurisdictions.
If we take action to recover overdue amounts from you, any reasonable costs incurred by us in recovering the debt, including but not limited to any legal expenses and collection agency charges, will be recoverable from you.
Either party may terminate this Agreement by providing the other with notice in writing at least 14 days prior to the end of any Subscription Period, and upon doing so this Agreement will terminate at the end of the then current Subscription Period. Where notice is provided less than 14 days prior to the end of the current Subscription Period, this Agreement will terminate at the end of the subsequent Subscription Period.
You may provide notice of termination by sending an email to [email protected]
Either party may terminate this Agreement if the other party commits a material breach of this Agreement and the breach is incapable of being remedied or if the breach is capable of being remedied, the party in breach has failed to remedy the breach within 14 days after the receipt of notice to remedy. If we terminate one of our Services for a breach, we may immediately cease any of our other Services which we provide to you.
- you environment hosted by us will be decommissioned and inaccessible by you;
- all data associated with your account will be permanently erased; and
- you must immediately pay any outstanding Fees owed to us and your obligation to pay outstanding Fees survives termination.
A party claiming a dispute has arisen under this Agreement (Dispute) must give written notice to the other party specifying the nature of the Dispute. The parties must submit themselves to the dispute resolution procedure set out in this clause 15 before commencing any legal proceedings.
If the parties cannot resolve the Dispute between themselves within 30 days then either party may require the Dispute to be referred for mediation. The mediation must be undertaken in accordance with the Resolution Institute Mediation Rules, in Sydney, Australia, and unless otherwise agreed between the parties using a mediator nominated by the Resolution Institute. If the Dispute is not resolved within 30 days of the mediation commencing either party may commence proceedings in respect of the Dispute.
Each party must pay its own internal and legal costs in relation to complying with this clause 15. The mediator’s costs are to be shared equally.
The parties acknowledge and agree this clause 15 does not apply to the recovery of any debt or prevent a party from instituting proceedings for the purposes of seeking urgent injunctive or similar interim relief from a court.
Assignment – We may assign, encumber, declare a trust over or otherwise create an interest in our rights in this Agreement without your consent. You must not assign, encumber, declare a trust over or otherwise create an interest in your rights in this Agreement without our consent, which must not be unreasonably withheld.
Entire Agreement – This document and the policies incorporated by reference contains the entire agreement between the parties about its subject matter. Any previous understanding, agreement, representation or warranty relating to that subject matter is replaced by this document and has no further effect.
Force Majeure – If a party is affected by a Force Majeure Event, they must immediately notify the other party of the circumstances. The parties’ obligations under this Agreement, other than an obligation to pay the Fees, are suspended for the duration of and to the extent that they are affected by the Force Majeure. However, either party may end this Agreement if the Force Majeure continues to affect the rights and obligations of the parties, under this Agreement, for more than 60 days.
Governing law – The laws of New South Wales, Australia governs this Agreement. The parties submit to the non-exclusive jurisdiction of courts exercising jurisdiction there.
Notices – The parties agree all notices, disclosures and other communications that are provided in accordance with this clause, satisfy any legal requirement that such communications be in writing. Any communication under or in connection with this Agreement:
- which we send to you, must be sent to the email address in your Account; or
- which you send to us, must be either delivered to the postal or email address set out in clause 1 of this Agreement.
Relationship of the parties – Nothing in this Agreement is intended to create any partnership, joint venture, agency or employment relationship between the parties.
Severability – Any provision of this document which is unenforceable or partly unenforceable is, where possible, to be severed to the extent necessary to make this document enforceable, unless this would materially change its intended effect.
Sub-contracting – We may sub-contract any of our obligations under this Agreement.
Survival – Clauses 9, 10, 11, 12, 13, 15 and any other clause in this Agreement which is expressed to survive or by its nature survives, will survive termination or expiry of this Agreement for any reason.
Variations to this Agreement – We may vary this Agreement, including by making changes to our Fees, by giving notice to you at least 28 days prior to the end of the Subscription Period. If you do not accept the terms of the variation you may terminate your subscription in accordance with clause 14. By continuing to access or use the services after any variations to this Agreement, you agree to be bound by the amended Agreement.
In this Agreement:
Account takes its meaning from clause 4.1.
Acceptable Use Policy means the policy related to acceptable use of our Services made available on our Website at www.iversion.com.au/acceptable-use-policy/.
Additional Fees means any fee payable for an Additional Service.
Additional Service means services related to domain names, SSL certificates and third-party software subscriptions.
Agreement means this iVersion Terms of Service.
Authorised Additional Contact means a User granted access to all or part of your Account.
Control Panel means the account management interface for managing aspects of your Hosting Plan and/or Additional Services including billing, contact information and domain registration accessible via the “Login” link on our website.
Event of Force Majeure means an act of war (whether declared or not) or terrorism, the mobilisation of armed forces, civil commotion or riot, natural disaster, industrial action or labour disturbance, currency restriction, embargo, action or inaction by a government, a failure of a supplier, public utility or common carrier or computer disruption due to the effects of a computer virus, trojan, malware, a ransomware attack or other malicious code.
Fees mean all fees associated with Hosting Plans, Additional Service, setup costs and any other fees associated with the Services you procure from us.
Hosting Fee means the Fee payable for a Hosting Plan.
Hosting Plan means:
- the hosting package you selected when entering into this Agreement with us as available on our Website from time to time; or
- as otherwise documented in writing between the parties.
Intellectual Property means all present and future rights conferred by statute, common law or equity (and all moral rights) in or in relation to business names, domain names, circuit layouts, computer code, confidential information, copyright, designs, formulas, inventions, knowhow, patents, plant varieties, recipes, trade marks, and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic field, the benefit of any application to register such a right and the benefit of any renewal or extension of such a right.
Non-excludable Condition means any guarantee, condition or warranty (such as the consumer guarantees implied by the Competition and Consumer Act 2010 (Cth)), which cannot by law be excluded.
Prohibited Conduct takes its meaning from clause 4.6.
Prohibited Content takes its meaning from clause 4.7.
Services means the Hosting Plan and/or any Additional Service which you subscribe to or otherwise obtain from us.
Shared or Reseller Environment means any server or infrastructure other than those provided via dedicated VSP or Host services.
Subscription Period means the period of time specified in a Hosting Plan being one month or one year.
User means a person who accesses the Account.
Website means www.iversion.com.au and any subdomains.