Agilis IT Australia Pty Ltd Terms and Conditions
1.1 We will register a domain name on a first come, first serve basis in accordance with the rules and policies of our chosen registrar.
1.2 We reserve the right to refuse registration, re-delegation and or hosting of any domain name or sub-domain, which we consider to be, offensive, defamatory, illegal or otherwise inappropriate at any time.
1.3 You agree that your personal data relating to the domain name will be listed in the public registry for your domain name.
2.1 Your requested domain name and application details must comply with the requirements of our chosen registrar.
2.2 We do not represent or warrant to you the availability of any domain name. You have no rights or cause of action against us if a domain is not available or cannot be registered for any other reason.
2.6 If you request the re-delegation of your domain, you warrant that you are the legal owner of the domain name.
4.1 If you have registered a domain name and we host it, you are responsible for any subsequent renewal of that domain name. We are not liable to you for any loss, cost, liability or damage incurred by you in relation to the expiry of a domain name.
4.2 If we register, renew or re-delegate a domain name on your behalf, we will notify you of the amount payable for such, and of the payment due date. If we do not receive payment of that amount by the due date we reserve the right to cancel the domain name and all other associated services.
5. Content Ownership
5.1 You are responsible for obtaining any and all necessary licenses, consents, authorisations and approvals to enable you to lawfully use any intellectual property rights with the service, including without limitation, consents in respect of any proposed domain name or other intellectual property rights being used by you.
5.2 All hosted content or data stored by you on our server is your property and responsibility. We claim no ownership over, and assume no responsibility in respect of, any of your data. Accordingly you should maintain a back-up of your own data.
6. Suspension and Cancellation
6.1 In the event of suspension your hosting and domains service may be blocked and any information hosted on it be removed either permanently, or temporarily held subject to the cause of suspension being remedied.
6.2 You may cancel the service without reason where no contract term exists by giving us 30 days. notice.
7. Limitation of Liability
7.1 To the extent permitted by law, if we are held liable for any loss or damage whatsoever and however arising under this service description, you agree that our maximum aggregate liability to you shall not exceed the total amount paid by you to us for Domain name registrations and Hosting services.
7.2 Agilis IT does not make any guarantees that your data is backed up or monitored. You are responsible for keeping a copy of your Hosting and Domains Content locally. Agilis IT does not warrant that your Content will not be subject to damage, loss or corruption and accepts no liability for such.
8. Privacy and Security of your Hosting and Domains products
8.2 You agree that we may access, use and or disclose your account information and Content if legally required to do so; or if it is reasonable necessary to:
(a) Comply with a legal process or request
(b) Enforce this agreement
(c) Investigate any security, fraud or technical issues; or
(d) Protect the rights of Agilis IT, its users, or the public, as required or permitted by law.
9. Cancellation and Suspension
9.1 We may, without liability, cancel any service:
(a) if there is no Contract Term specified in your Application or the Service Description, at any time by giving 30 days notice to you;
(b) if a Contract Term is specified in your Application or in the Service Description, at any time after the end of the Contract Term by giving 30 days notice to you; or
(c) if we reasonable determine that it is not technically or operationally feasible to supply the Service to you, at any time prior to the Service Commencement Date by giving you notice.
9.2 Subject to any obligation to give you notice as set by state and national law, we may immediately suspend, cancel or restrict the supply of the Service to you if:
(a) you fail to pay any amount owing to us by the due date;
(b) you breach a material term that is not capable of remedy;
(c) you breach a material term that is capable of remedy, but remedy is not performed within 14 days;
(d) you become bankrupt or Insolvent, or appear likely to do so;
(e) in the case of a partnership, on dissolution or on the filing of an application to dissolve the partnership;
(f) we reasonably suspect fraud or other illegal conduct by you or any other person in connection with the Service;
(g) we reasonably believe a threat or risk exists to the security of the Service or the integrity of our Network, Suppliers Network and Company, caused directly or indirectly by you;
(h) you resell the Service or otherwise act as a Service Provider;
(i) we reasonably consider you to be a credit risk;
(j) we are entitled to under further provision of these Terms and Conditions;
(k) there is a emergency;
(l) doing so is necessary to maintain, repair or restore any part of our Network or a Suppliers Network used to supply the service, or for other operational reasons;
(m) we are required by law;
(n) providing the Service to you becomes illegal or we reasonably anticipate that it may become illegal; or
(o) a Force Majeure Event prevents us from supplying the service;